Acts and resolutions of the General Assembly of the state of Georgia 1978 [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 19780000 English

Page i

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1978 19780000 Compiled and Published by Authority of The State

Compiler's Note General Acts and Resolutions of the 1978 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 2309 of Volume One. This volume is bound separately. Local and Special Acts and Resolutions are grouped in Volume Two beginning on page 3001. 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 during 1977 and 1978 are printed in Volume Two beginning on page 4745. Home Rule Actions by Counties filed in the office of the Secretary of State during 1977 and 1978 are printed in Volume Two beginning on page 4677. There are no numbered pages between 2841 and 3001. The indexes are printed in each volume and covers the material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter.

Page ii

ACTS BY NUMBERS, PAGE REFERENCES 754 3 755 4 756 9 757 3003 758 10 759 3005 760 3010 761 3019 762 3021 763 3023 764 3025 765 3027 766 3029 767 186 768 215 769 3037 770 218 771 3040 772 220 773 221 774 223 775 225 776 228 777 3056 778 3058 779 231 780 236 781 3072 782 3074 783 3076 784 237 785 239 786 240 787 243 788 244 789 245 790 254 791 256 792 257 793 258 794 275 795 309 796 795 797 811 798 812 799 814 800 816 801 3078 802 3080 803 3081 804 850 805 851 806 853 807 859 808 3119 809 3121 810 878 811 3122 812 3124 813 3156 814 3159 815 3161 816 3171 817 3175 818 3177 819 3189 820 3191 821 879 822 3194 823 3196 824 3198 825 3205 826 3207 827 3211 828 3214 829 3216 830 3218 831 3221 832 3223 833 3229 834 3239 835 3242 836 3244 837 3246 838 3248 839 3251 840 3253 841 3255 842 3257 843 3259 844 3262 845 3264 846 3266 847 3271 848 3273 849 3307 850 3335 851 3337 852 3340 853 3341 854 3344 855 3346 856 3348 857 3350 858 3352 859 3353 860 3355 861 3357 862 3359 863 3361 864 3365 865 3368 866 3371 867 3373 868 3375 869 3377 870 3393 871 3395

Page iii

872 3397 873 3399 874 3402 875 3405 876 886 877 3409 878 3412 879 3414 880 3418 881 3426 882 3427 883 3430 884 3435 885 3437 886 3441 887 3443 888 3445 889 3448 890 3482 891 3484 892 3486 893 3488 894 3490 895 3506 896 3510 897 3512 898 3514 899 3516 900 3519 901 3527 902 3529 903 3531 904 3535 905 3537 906 3538 907 3541 908 3552 909 3555 910 888 911 3557 912 3560 913 3562 914 3564 915 3566 916 3568 917 3570 918 3572 919 3577 920 3579 921 3581 922 3584 923 3586 924 3589 925 3591 926 3592 927 3593 928 3595 929 3597 930 3599 931 3601 932 3603 933 3606 934 3608 935 3610 936 3612 937 3613 938 3615 939 3616 940 3619 941 3622 942 3624 943 3627 944 3630 945 3632 946 3635 947 3637 948 3639 949 3642 950 3645 951 3647 952 3650 953 3653 954 3655 955 3658 956 3661 957 3666 958 3672 959 3675 960 3677 961 3683 962 3685 963 3687 964 3690 965 3692 966 3695 967 3696 968 3702 969 3735 970 3737 971 3738 972 3741 973 3746 974 3752 975 890 976 891 977 894 978 899 979 900 980 901 981 902 982 903 983 904 984 906 985 907 986 909 987 910 888 911 989 914 990 917 991 918 992 920 993 922 994 923 995 925

Page iv

996 927 997 928 998 930 999 931 1000 932 1001 935 1002 936 1003 3757 1004 937 1005 938 1006 941 1007 949 1008 953 1009 956 1010 3759 1011 3763 1012 958 1013 959 1014 3765 1015 964 1016 970 1017 975 1018 979 1019 982 1020 985 1021 990 1022 992 1023 994 1024 996 1025 3768 1026 997 1027 999 1028 3770 1029 1001 1030 1002 1031 1004 1032 1023 1033 1024 1034 1025 1035 1033 1036 1035 1037 1037 1038 1038 1039 1039 1040 1042 1041 1043 1042 1045 1043 1047 1044 3774 1045 3778 1046 3779 1047 3782 1048 1048 1049 3785 1050 1049 1051 3792 1052 3802 1053 3813 1054 3821 1055 3823 1056 3825 1057 3828 1058 3830 1059 3832 1060 3834 1061 3837 1062 3839 1063 3841 1064 3842 1065 3846 1066 3848 1067 3850 1068 3853 1069 3855 1070 3857 1071 3858 1072 3860 1073 3861 1074 3863 1075 3865 1076 1050 1077 1054 1078 3868 1079 3903 1080 3905 1081 3907 1082 1064 1083 3926 1084 3929 1085 3930 1086 3932 1087 3966 1088 3998 1089 4007 1090 4009 1091 4011 1092 4013 1093 4015 1094 4017 1095 4054 1096 4056 1097 4058 1098 4061 1099 4063 1100 4065 1101 4067 1102 1068 1103 4069 1104 4071 1105 4073 1106 4076 1107 4079 1108 4082 1109 4084 1110 4085 1111 4087 1112 4089 1113 4093 1114 4095 1115 4096 1116 4099 1117 4102 1118 1074 1119 4104

Page v

1120 1081 1121 1144 1122 4110 1123 1146 1124 4113 1125 4116 1126 4126 1127 1147 1128 4129 1129 4132 1130 4136 1131 4138 1132 4141 1133 4142 1134 4151 1135 4157 1136 4159 1137 4162 1138 4167 1139 4169 1140 4171 1141 4206 1142 4209 1143 4212 1144 4215 1145 4217 1146 4222 1147 4224 1148 4227 1149 4230 1150 4232 1151 4235 1152 4238 1153 4240 1154 4243 1155 4247 1156 4256 1157 4258 1158 4292 1159 4323 1160 4355 1161 4357 1162 4360 1163 4363 1164 4366 1165 4369 1166 4380 1167 4382 1168 4385 1169 4387 1170 4389 1171 4392 1172 4395 1173 4398 1174 4401 1175 4403 1176 4406 1177 4407 1178 4410 1179 4412 1180 4423 1181 4425 1182 4430 1183 4431 1184 4435 1185 4438 1186 4440 1187 4458 1188 4461 1189 4463 1190 4465 1191 4466 1192 4470 1193 4498 1194 1149 1195 1155 1196 1160 1197 1162 1198 1165 1199 1359 1200 1362 1201 1364 1202 1365 1203 1367 1204 1369 1205 1370 1206 1371 1207 1372 1208 1376 1209 1377 1210 1379 1211 1380 1212 1381 1213 1383 1214 1385 1215 1386 1216 1420 1217 1422 1218 1423 1219 1424 1220 1426 1221 1429 1222 1434 1223 1437 1224 1440 1225 1441 1226 1442 1227 1444 1228 1446 1229 1448 1230 1450 1231 1452 1232 1454 1233 1455 1234 1456 1235 1457 1236 1459 1237 1460 1238 1462 1239 1463 1240 1467 1241 1469 1242 1471 1243 1473

Page vi

1244 1474 1245 1481 1246 1483 1247 1485 1248 1486 1249 1488 1250 1490 1251 1492 1252 1493 1253 1494 1254 1497 1255 1505 1256 1506 1257 1509 1258 1510 1259 1512 1260 1515 1261 1517 1262 1520 1263 1522 1264 1526 1265 1527 1266 1530 1267 1531 1268 1541 1269 1542 1270 1543 1271 1545 1272 1547 1273 1550 1274 1552 1275 1562 1276 4502 1277 1565 1278 1567 1279 1571 1280 1592 1281 1593 1282 1600 1283 1601 1284 1603 1285 1604 1286 1605 1287 1607 1288 1609 1289 1611 1290 1614 1291 1616 1292 1621 1293 1624 1294 1634 1295 1635 1296 1639 1297 1645 1298 1646 1299 1647 1300 1652 1301 1653 1302 1654 1303 1655 1304 1657 1305 1658 1306 1659 1307 1663 1308 1664 1309 1666 1310 4504 1311 4506 1312 4507 1313 1668 1314 1678 1315 1680 1316 1685 1317 1686 1318 1687 1319 1688 1320 1690 1321 1693 1322 1695 1323 1698 1324 1700 1325 1701 1326 1703 1327 1704 1328 1705 1329 1709 1330 1710 1331 1712 1332 1714 1333 1717 1334 1725 1335 1726 1336 1726 1337 1728 1338 1743 1339 1748 1340 1751 1341 1753 1342 1754 1343 1755 1344 1757 1345 1758 1346 1760 1347 1761 1348 1762 1349 1763 1350 1765 1351 4508 1352 4527 1353 4546 1354 1778 1355 1779 1356 1781 1357 1786 1358 1787 1359 1789 1360 1826 1361 1856 1362 1894 1363 1895 1364 1898 1365 4567 1366 1911 1367 1913

Page vii

1368 1914 1369 1919 1370 1921 1371 1924 1372 1927 1373 1929 1374 1932 1375 1936 1376 1938 1377 1939 1378 1949 1379 1950 1380 1953 1381 1955 1382 1957 1383 1960 1384 1962 1385 1964 1386 1965 1387 1967 1388 1968 1389 1969 1390 1970 1391 1974 1392 1977 1393 1979 1394 1981 1395 1985 1396 1986 1397 1988 1398 1989 1399 1997 1400 1999 1401 2000 1402 2001 1403 2004 1404 2006 1405 2008 1406 2009 1407 2012 1408 2014 1409 2016 1410 2017 1411 2020 1412 2021 1413 2023 1414 2025 1415 2028 1416 2029 1417 2031 1418 2033 1419 2034 1420 2036 1421 4570 1422 2037 1423 2039 1424 2040 1425 2041 1426 2043 1427 2045 1428 2046 1429 2048 1430 2050 1431 2051 1432 2055 1433 2056 1434 2058 1435 2059 1436 2061 1437 2062 1438 2065 1439 2066 1440 2068 1441 2069 1442 2073 1443 2075 1444 4573 1445 4576 1446 2076 1447 4609 1448 4617 1449 4625 1450 4628 1451 4632 1452 4637 1453 4651 1454 4656 1455 4667 1456 4669 1457 2170 1458 2173 1459 2189 1460 2191 1461 2193 1462 2195 1463 2199 1464 2202 1465 2204 1466 2205 1467 2207 1468 2208 1469 2210 1470 2212 1471 2218 1472 2219 1473 2220 1474 2237 1475 2238 1476 2241 1477 2245 1478 2249 1479 2254 1480 2256 1481 2257 1482 2260 1483 2262 1484 2264 1485 2267 1486 4671 1487 4673 1488 2268 1489 2270 1490 2288 1491 2290

Page viii

1492 2293 1493 2297 1494 2299 1495 2302 1496 2306 RESOLUTIONS BY NUMBER 86 230 87 877 88 3115 89 2310 90 2311 91 2312 92 2313 93 2315 94 2316 95 2318 96 2320 97 2322 98 2326 99 2329 100 2331 101 2333 102 2334 103 2337 104 2339 105 2341 106 2342 107 2343 108 2345 109 2346 110 2347 111 2349 112 2351 113 2352 114 2354 115 2355 116 2357 117 2360 118 2361 119 2362 120 2364 121 2365 122 1076 123 1079 124 2367 125 2370 126 2373 127 2375 128 2378 129 2380 130 2381 131 2383 132 2385 133 2386 134 2389 135 2392 136 2394 137 2395 138 2397 139 2399 140 2401 141 2403 142 2405 143 2406 144 2408 145 2411 146 2413 147 2415 148 2418 149 2421 150 2423 151 2426 152 2427 153 2430 154 2431 155 2433 156 2434 157 2435 158 2437 159 2438 160 2440 161 2442 162 2444 163 2446 164 2448 165 2450 166 2453 167 2455 168 2468 169 2471 170 2472 171 2474 172 2476 173 2478 174 2494 175 2497 176 2505 177 2515 178 2516 179 2519 180 2522 181 2524 182 2078 183 2079 184 2096 185 2097 186 2098 187 4585 188 2099 189 2100

Page ix

190 2103 191 2106 192 2107 193 2110 194 2111 195 2113 196 2115 197 2117 198 2121 199 2123 200 4587 201 4588 202 2126 203 2128 204 2130 205 4589 206 4590 207 2132 208 4591 209 4592 210 2134 211 4593 212 4594 213 4595 214 4596 215 4597 216 2136 217 4599 218 4600 219 2137 220 4601 221 2138 222 2140 223 2142 224 2143 225 2145 226 2147 227 4602 228 2149 229 2150 230 4603 231 4605 232 4606 233 2152 234 4607 235 2153 236 2155 237 2156 238 2158 239 2161 240 2163 241 2167 31 89 72 182 121 183 125 Veto # 23 217 176 233 177 234 178 237 184 239 92 246 185 247 186 252 187 257 188 259 189 263 190 267 191 279 91 283 192 290 193 292 194 297 195 298 196 307 122 311 124 313 90 316 197 323 125 326 179 329 198 333 95 335 199 336 94 347 126 351 180 353 200 356 93 359 127 372 181 30-129 130 40-178 131 49-217 128 60-272 201 85-370 132 162-686 133 163-686 120 237-898 202 239-908 129 272-984 203 436-1274 134 438-1274 204 439-1274 205 442-1274 209 444-1274 135 445-1274 121 447-1274 86 455-1312 119 457-1312 208 464-1314 207 466-1337 206 468-1337 213 471-1340 118 474-1340 212 475-1340 211 478-1349 136 479-1349 137 480-1349 210 481-1355 214

Page x

482-1380 138 483-1380 215 485-1380 117 490-1423 216 505-1436 217 506-1448 221 511-1458 220 512-1458 139 514-1463 219 517-1473 218 518-1473 225 527-1520 224 528-1520 140 530-1520 116 532-1529 141 542-1532 223 543-1532 115 544-1532 123 545-1545 114 546-1545 113 549-1580 112 550-1580 142 552-1580 222 553-1580 229 555-1586 111 556-1599 143 564-1592 228 565-1598 227 567-1602 144 568-1603 145 569-1605 146 570-1606 147 571-1607 148 572-1608 149 573-1608 150 574-1662 151 576-1662 110 580-1662 226 582-1671 231 586-1710 152 587-1710 153 588-1710 230 589-1710 232 590-1718 154 591-1718 233 611-1733 237 613-1748 236 615-1748 155 629-1752 109 632-1756 156 638-1777 157 642-1790 108 645-1791 107 647-1806 235 650-1826 106 651-1826 234 652-1826 88 653-1828 105 654-1828 104 655-1828 103 656-1834 158 657-1835 159 658-1835 160 661-1850 161 662-1850 162 663-1850 241 664-1850 102 665-1858 87 668-1867 101 669-1867 163 672-1888 164 673-1888 165 674-1888 166 711-1910 100 713-1916 240 714-1916 167 715-1916 168 716-1916 99 718-1944 169 719-1944 98 720-1944 170 722-1944 171 727-1960 172 732-1980 173 735-2002 97 739-2007 239 741-2012 238 744-2020 96 776-2023 174 799-2065 175 28 1367 36 1368 43 Veto #31 73 1369 98 1370 110 1028 112 1010 114 1011 118 1025 119 1014 139 1371 140 1458 161 1372 162 1459 235 754 236 1373 243 1374 258 1375 259 1376 264 1377 285 1013 290 960 326 1378 350 1379 354 1380 374 1401 378 1478 382 1381 383 1015 384 1012 385 760

Page xi

386 761 387 762 388 763 389 764 390 765 393 1402 395 1460 397 1382 398 1022 399 1403 400 1030 401 1027 402 1009 403 1023 404 1383 405 1384 406 1029 407 1008 408 1461 410 1385 411 1386 412 1387 413 1479 414 1480 415 1388 416 1404 417 1405 418 876 420 1031 421 1406 422 1389 423 1390 424 1391 425 1392 428 1393 433 1481 437 779 439 1394 440 1462 441 1463 442 1395 443 1482 444 1396 447 1397 448 Veto #22 449 1359 450 1360 451 1361 452 1398 455 1399 457 Veto #29 458 1407 460 1408 461 877 463 878 465 1026 466 1400 467 1409 468 1410 474 1194 478 1278 484 1411 486 1483 497 1055 498 1112 499 Veto #30 503 790 505 1412 506 1446 508 1484 509 Veto #32 511 1464 512 1485 513 1413 514 1414 515 1415 517 1082 519 1416 520 879 522 1417 526 1418 529 1419 530 1420 533 791 534 Veto #33 540 880 541 881 542 930 543 1421 544 1032 547 Veto #24 548 1277 549 882 550 883 551 804 552 1362 553 1021 554 1422 555 1423 556 1024 557 1424 562 780 563 1425 564 1426 565 1427 567 1113 570 1428 574 1429 575 1114 581 1465 582 1430 584 781 585 782 586 783 591 1431 595 884 599 1432 600 1083 603 1433 604 1466 605 1467 606 1442 609 1084 610 1115

Page xii

615 1434 616 1435 618 885 619 1436 622 1437 623 886 625 1468 627 888 629 1438 632 1116 633 1085 634 887 643 1117 645 1086 646 1087 647 1118 648 1119 3 795 65 975 112 1279 113 977 121 772 122 756 123 773 124 1120 132 976 138 978 204 980 226 982 229 1280 246 Veto #19 247 Veto #20 262 755 277 1486 279 1281 330 983 352 984 368 985 427 874 449 929 458 1282 480 987 512 1283 543 1005 546 989 548 1284 549 1285 558 986 574 1286 575 1287 578 767 579 1288 611 988 627 1289 645 990 649 992 731 1290 732 1291 742 1044 758 1292 791 1121 824 1293 831 1469 902 910 903 1088 914 796 929 768 937 1294 997 1348 1012 1295 1014 1296 1026 Veto #18 1046 1297 1048 1298 1055 1487 1069 1089 1114 993 1115 1299 1116 981 1143 1122 1150 770 1223 758 1224 1198 1227 991 1228 757 1229 774 1230 1300 1231 797 1232 1301 1233 1488 1234 1302 1235 792 1236 766 1237 995 1240 1349 1241 994 1242 785 1243 998 1246 1304 1247 1303 1248 775 1250 1000 1252 784 1253 996 1259 1305 1263 1048 1265 997 1266 999 1267 806 1268 1306 1271 1001 1276 936 1280 1003 1281 793 1282 1307 1283 771 1286 1309 1288 1308 1289 798 1290 786 1295 937

Page xiii

1296 1002 1300 1004 1301 1218 1302 1219 1303 1220 1304 1195 1306 1221 1307 776 1309 1222 1310 1470 1312 Veto #25 1313 787 1315 938 1316 939 1317 940 1318 759 1319 942 1320 Veto #17 1324 1223 1327 1471 1329 1224 1330 1225 1331 1226 1332 1227 1333 1350 1335 1228 1336 1033 1338 1229 1340 1034 1342 1230 1343 1441 1345 1231 1347 1472 1349 1232 1351 1233 1356 1234 1359 842 1360 1473 1361 1235 1364 1236 1365 1237 1366 1238 1367 1239 1368 1474 1369 1035 1370 1240 1371 843 1372 844 1373 845 1376 846 1377 847 1379 890 1381 1241 1382 1274 1383 1090 1384 1091 1386 1363 1388 1017 1390 1242 1401 1019 1417 1036 1418 1092 1419 1037 1421 1243 1427 1489 1428 1244 1429 1245 1431 1490 1434 1246 1436 961 1437 1093 1438 962 1441 1038 1443 1123 1445 1313 1447 799 1450 1043 1453 1016 1456 1314 1457 825 1458 1315 1459 1316 1461 1317 1463 1318 1465 789 1467 777 1468 964 1469 1319 1470 1320 1471 963 1472 965 1473 966 1474 1310 1475 1311 1476 1312 1477 1321 1483 1440 1485 1322 1493 1323 1498 1324 1499 1196 1500 1325 1501 1020 1503 1326 1504 1327 1505 1491 1506 1328 1507 1329 1508 1330 1509 1331 1510 1332 1511 1333 1515 1351 1516 1352 1517 1353 1519 1334 1520 1335 1523 967 1526 1336 1527 1337 1529 1338 1530 1018 1533 1339 1538 1340

Page xiv

1543 800 1544 1341 1545 794 1549 1342 1554 1343 1555 1039 1558 1040 1560 1492 1562 1344 1563 1345 1567 1493 1568 1007 1569 1346 1570 1076 1572 1347 1574 1199 1575 1041 1576 1494 1578 968 1579 1200 1581 1201 1584 1202 1585 1439 1587 1203 1591 1204 1592 969 1593 1354 1596 970 1597 769 1598 Veto #26 1599 1447 1600 1448 1601 1042 1602 1449 1603 1450 1606 1451 1607 1452 1608 1453 1609 1454 1610 1455 1611 1456 1612 1457 1616 971 1617 972 1618 973 1619 974 1620 848 1622 849 1623 1205 1626 913 1627 914 1628 1206 1629 1475 1630 915 1631 916 1632 917 1634 918 1635 919 1636 Veto #27 1637 920 1638 1207 1639 1208 1640 1209 1641 1210 1648 1366 1649 1355 1650 778 1651 921 1652 922 1653 923 1654 924 1655 925 1656 1211 1658 926 1659 927 1660 928 1661 1212 1664 1213 1665 1214 1666 941 1667 943 1668 944 1669 945 1670 1215 1671 1495 1672 946 1673 947 1674 948 1675 949 1677 950 1678 951 1679 952 1683 1216 1684 953 1685 954 1686 889 1687 1217 1689 1094 1690 803 1693 1247 1694 1248 1695 955 1696 956 1698 957 1699 1249 1700 958 1701 1124 1702 979 1703 959 1705 1125 1708 1250 1711 807 1712 826 1713 827 1714 828 1715 1126 1716 829 1717 830 1718 1251 1719 1095 1721 831 1722 833 1723 832 1724 1127

Page xv

1725 1252 1726 837 1727 838 1728 1253 1729 836 1730 841 1731 835 1732 834 1733 839 1734 840 1736 788 1744 931 1745 935 1746 932 1747 1254 1752 1255 1753 1051 1755 1256 1756 1096 1757 934 1758 933 1761 891 1762 893 1763 892 1764 1356 1765 894 1766 1128 1767 1257 1773 895 1774 1258 1775 1259 1777 1049 1780 1260 1784 896 1786 Veto #21 1791 805 1792 898 1793 897 1795 899 1796 900 1797 1006 1798 901 1799 902 1800 1129 1801 1261 1802 903 1803 801 1804 Veto #28 1806 1130 1807 1262 1808 1263 1809 1496 1811 1364 1812 1066 1813 904 1814 905 1815 1264 1818 1265 1820 1357 1821 906 1825 907 1826 1266 1833 908 1834 909 1836 1443 1838 1267 1839 1197 1840 1268 1841 808 1842 809 1845 810 1846 1269 1847 1065 1848 1358 1850 811 1851 1365 1852 1067 1853 1131 1854 812 1856 1050 1858 1476 1860 813 1861 814 1862 815 1863 816 1864 817 1865 818 1866 819 1868 820 1870 1097 1871 1060 1872 1098 1874 1270 1875 821 1876 822 1877 1068 1878 823 1879 824 1880 1132 1881 1133 1882 1077 1884 1059 1886 1066 1887 1078 1888 1134 1890 850 1891 1070 1893 851 1895 852 1897 1058 1898 1057 1899 1071 1900 1099 1901 1056 1902 1100 1903 1101 1905 1102 1907 1072 1908 1135 1909 1136 1910 853 1912 854 1913 1054 1915 856

Page xvi

1921 855 1922 1103 1923 1137 1924 1275 1926 857 1927 858 1928 1061 1929 859 1930 860 1931 861 1932 862 1933 863 1934 864 1935 1104 1936 865 1937 1271 1938 866 1941 867 1942 868 1943 1064 1944 1063 1945 1079 1946 869 1947 870 1948 871 1949 873 1950 872 1951 1138 1953 1272 1954 1139 1955 1062 1957 1140 1960 875 1962 1141 1963 1142 1964 1143 1965 1144 1966 1145 1967 1477 1968 1052 1969 1080 1970 1146 1972 1147 1975 1444 1978 1046 1979 1276 1980 1081 1986 1047 1987 Veto #16 1991 911 1992 912 1993 1073 1994 1148 1995 1149 1996 1150 1997 1151 1998 1152 1999 1153 2000 1154 2004 1155 2005 1156 2006 1157 2008 1158 2011 1159 2013 802 2014 1160 2015 1161 2016 1045 2017 1162 2019 1163 2021 1164 2022 1165 2023 1445 2025 1166 2026 1167 2028 1168 2029 1169 2030 1170 2031 1171 2032 1172 2033 1173 2034 1174 2035 1175 2036 1176 2039 1177 2040 1178 2041 1179 2042 1180 2043 1181 2044 1182 2048 1183 2049 1184 2050 1185 2051 1105 2052 1106 2053 1107 2054 1053 2055 1186 2057 1187 2058 1188 2059 1189 2060 1074 2061 1075 2062 1108 2063 1109 2064 1110 2065 1111 2066 1273 2069 1190 2071 1191 2072 1192 2077 1193

Page 2

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1978 Compiled and Published by Authority of The State

Page 3

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1978 CRIMESRAPE DEFINED, PUNISHMENT. Code Section 26-2001 Amended. No. 754 (Senate Bill No. 235). AN ACT To amend Code Section 26-2001, relating to rape, so as to delete the provision that no conviction shall be had for rape on the unsupported testimony of the female; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 26-2001, relating to rape, is hereby amended by striking in said Code Section, the following: No conviction shall be had for rape on the unsupported testimony of the female., so that when so amended, Code Section 26-2001 shall read as follows:

Page 4

26-2001. Rape. A person commits rape when he has carnal knowledge of a female, forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. A person convicted of rape shall be punished by death or by imprisonment for life, or 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 January 20, 1978. COMPENSATION OF NAMED STATE OFFICIALS. No. 755 (House Bill No. 262). AN ACT To amend an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), so as to provide for a change in the compensation and allowances of certain State officials; 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 providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), 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. Unless specifically stated otherwise, the State officials designated in this Act shall not receive from State funds any compensation, salary, contingent expense allowance, longevity pay or allowance of any kind other than that specified or provided for herein. The annual salary for each such official shall be paid in equal monthly or semimonthly installments.

Page 5

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 annual salary of each of the State officials listed below shall be as follows: (1) Governor $50,000 An allowance in an amount specified in the Appropriations Act shall also be provided for the operation of the Governor's Mansion. (2) Lieutenant Governor 28,846 (3) Adjutant General The Adjutant General shall continue to receive the pay and allowances under the same procedure as provided by law. (4) Commissioner of Agriculture 38,400 (5) Attorney General 46,000 (6) State Auditor 38,400 (7) Comptroller General 38,400 (8) Director of Corrections 38,400 (9) Commissioner of Labor 23,000 The Commissioner of Labor, as administrator of the Georgia Employment Security Law, in addition to the above amount, shall be entitled to and shall receive from and out of funds derived from federal grants to the State for administration of said law, such compensation as may be approved by the appropriate federal agency in an amount determined to be commensurate with the duties imposed by the Employment Security Law together with authorized travel expenses incurred in connection with the performance of official duties from funds appropriated and available for that purpose. (10) Each member of the Board of Pardons and Paroles 36,000 (11) Each member of the Public Service Commission 38,400 (12) State Revenue Commissioner 38,400 (13) State Superintendent of Schools 43,200 (14) Secretary of State 38,400 (15) Director of Veterans Service 38,400 This shall include any compensation received from the United States Government and the amount of State funds paid shall be reduced by the amount received from the United States Government. (16) Commissioner of Department of Banking and Finance 38,400 (17) Commissioner of Department of Administrative Services 38,400 (18) Each Justice of the Supreme Court 46,000 (19) Each Judge of the Court of Appeals 45,500 (20) Each Superior Court Judge 38,500 Each Superior Court Judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each Superior Court Judge shall also receive reimbursement of travel expenses as provided by law. (21) Each District Attorney 34,000 Each District Attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each District Attorney shall also receive reimbursement of travel expenses as provided by law. (22) Each member of the General Assembly 7,200 Each member of the General Assembly shall also receive the allowances provided by law except that in lieu of the $36 per day now provided as an expense allowance each member shall receive the sum of $44 per day and shall receive the same mileage allowance for the use of a personal car when devoted to official business as that received by other State officials and employees. (23) Speaker of the House of Representatives 17,800 The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. (24) President Pro Tempore of the Senate 2,800 The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly. (25) Speaker Pro Tempore of the House of Representatives 2,800

Page 7

The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. As a cost-of-living adjustment, the annual salary of each State official whose salary is established by this Act, other than members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees who are in the classified service of the State Merit System. However, any increase for such officials shall not include within-grade step increases for which classified employees of the State Merit System are eligible. Any increase granted pursuant to this paragraph shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows: Section 3. Except as hereinafter provided, each State official designated in Section 2 shall be reimbursed from State funds for actual transportation costs while traveling by public carrier, the legal mileage rate for use of a personal automobile, and the actual cost of lodging and meals while away from his office on official State business. The above provisions shall not apply to the Adjutant General, Superior Court Judges, District Attorneys, members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, all of whose expenses and allowances shall be paid as provided for in Section 2. The above provisions shall not apply to the Lieutenant Governor during sessions of the General Assembly. During such sessions, the Lieutenant Governor shall receive the same expense allowance per day as that received by a member of the General Assembly plus reimbursement for actual transportation costs while traveling by public carrier and the legal mileage rate for use of a personal automobile. No official provided for in this Act shall be reimbursed from State funds for any transportation,

Page 8

mileage, lodging or meals for which he is reimbursed from funds other than State funds. Section 4 . 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. Each member of the boards and commissions listed hereinafter shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, 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 above shall be paid in lieu of any per diem, allowance or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Section shall be applicable are as follows: (1) State Board of Education (2) State Medical Education Board (3) Board of Regents of the University System of Georgia (4) State Personnel Board (5) Board of Offender Rehabilitation (6) Board of Industry and Trade (7) Board of Natural Resources (8) State Transportation Board (9) Dental Education Board (10) State Scholarship Commission (11) Veterans Service Board. Section 5. This Act shall become effective on February 1, 1978, except that the changes in the salary and allowances for the Lieutenant Governor and the changes in the allowances for members of the General Assembly shall become effective when members of the General Assembly take office on the convening day of the regular session of the General Assembly in 1979.

Page 9

Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 20, 1978. DEPARTMENT OF LABORANNUAL REPORT. No. 756 (House Bill No. 122). AN ACT To amend an Act providing for the creation and establishment of a Department of Labor, approved March 25, 1937 (Ga. Laws 1937, p. 230), as amended, so as to provide for an annual report and recommendation as to legislation needed by the Commissioner of Labor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the creation and establishment of a Department of Labor, approved March 25, 1937 (Ga. Laws 1937, p. 230), as amended, is hereby amended by striking from Section 19, relating to annual report-recommendation as to legislation needed, the following: file with the Governor, and inserting in lieu thereof the following: compile, and by striking from the end of said Section the following: The report of the Commissioner shall be printed and distributed in such manner as the Governor shall authorize., and inserting in lieu thereof the following:

Page 10

Such report shall be kept in the Commissioner's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request., so that when so amended, Section 19 shall read as follows: Section 19. Annual Report-Recommendation as to Legislation Needed. The Commissioner of Labor shall annually, on or before the first day of January, compile a report covering the activities of the Department of Labor, accompanied by recommendations with reference to such changes in the law, applying to and affecting industrial labor conditions, as the Commissioner of Labor may deem advisable. Such report shall be kept in the Commissioner's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 20, 1978. SUPPLEMENTAL APPROPRIATIONS ACT. No. 758 (House Bill No. 1223). AN ACT To amend an Act providing appropriations for the fiscal year 1977-78, known as the General Appropriations Act, approved April 11, 1977 (Ga. Laws 1977, p. 1335), so as to change certain appropriations for the fiscal year 1977-78; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 11

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing appropriations for the fiscal year 1977-78, known as the General Appropriations Act, approved April 11, 1977 (Ga. Laws 1977, p. 1335), is hereby amended by striking the revenue estimate figure of $2,065,000,000 for fiscal year 1978 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $2,111,000,000 for fiscal year 1978, and by striking the following: PART I. LEGISLATIVE BRANCH, and Sections 1 through 61, and inserting in lieu thereof the following: PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 9,655,000 1. Operations $ 9,355,000 Total Funds Budgeted $ 9,355,000 State Funds Budgeted $ 9,355,000 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 $ 9,355,000 Election Blanks and Other Election Expenses $ 300,000 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the

Page 12

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 Code Revision; 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; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors 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. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall

Page 13

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 $ 3,076,900 1. Operations $ 2,726,900 Total Funds Budgeted $ 2,726,900 State Funds Budgeted $ 2,726,900 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes: $ Operations $ 2,726,900 Tax Ratio Study $ 350,000 Passenger Carrying Motor Vehicles 22 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,308,435 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.

Page 14

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 $ 9,414,997 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 and such other salaries and expenses as may be authorized by law. Provided, however, that none of the above appropriation shall be expended for the payment of travel, tuition and expenses to attend the National College of State Trial Judges. 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 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, $254,700 is designated and committed for the Prosecuting Attorneys' Council for operations and $39,211 is designated and committed for the Sentence Review Panel.

Page 15

Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,427,041 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 $ 240,412 Total Funds Budgeted $ 1,260,024 State Funds Budgeted $ 240,412 For the cost of operating the Administrative Offices of the Court. Provided, however, of the above appropriation, $15,000 is designated and committed for initial funding for a Judicial College. Provided, further, it is the intent of this General Assembly that such Judicial College shall not reach a level of expenditure in the current fiscal year which would require a total State appropriation of more than $30,000 to continue operation in Fiscal 1979. 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

Page 16

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: $ 58,866 For the cost of operating the Council of Juvenile Court Judges. PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 49,006,744 1. Georgia Building Authority Budget: Direct Payments to Georgia Building Authority for Operations $ 4,114,585 Direct Payments to Georgia Building Authority for Capital Outlay $ 5,645,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 1,050,000 Total Funds Budgeted $ 10,809,585 State Funds Budgeted $ 10,809,585 Total Positions Budgeted $ 0 2. Departmental Administration Budget: Personal Services $ 626,203 Regular Operating Expenses $ 65,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 7,395 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 708,598 State Funds Budgeted $ 708,598 Total Positions Budgeted 35 3. Fiscal Administration Budget: Personal Services $ 432,463 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 $ 4,250,963 State Funds Budgeted $ 4,250,963 Total Positions Budgeted 23 4. Self-Insurance Administration Budget: Personal Services $ 307,948 Regular Operating Expenses $ 16,497 Travel $ 20,400 Motor Vehicle Equipment Purchases $ 12,900 Publications and Printing $ 2,825 Equipment Purchases $ 2,805 Computer Charges $ 500 Real Estate Rentals $ -0- Public Safety Officers Indemnity Fund $ 1,200,000 Per Diem, Fees and Contracts $ -0- Workmen's Compensation $ 1,960,000 State Liability Self-Insurance Reserve $ 5,000,000 Total Funds Budgeted $ 8,523,875 State Funds Budgeted $ 8,473,340 Total Positions Budgeted 20 5. Procurement Administration Budget: Personal Services $ 824,294 Regular Operating Expenses $ 91,000 Travel $ 4,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 4,000 Computer Charges $ 186,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,128,094 State Funds Budgeted $ 1,128,094 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 152,312 Regular Operating Expenses $ 81,000 Travel $ 750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 3,571 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 134 Total Funds Budgeted $ 237,867 State Funds Budgeted $ 114,658 Total Positions Budgeted 14 7. Property Management Administration Budget: Personal Services $ 240,393 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 $ 20,900 Per Diem, Fees and Contracts $ 1,450 Total Funds Budgeted $ 320,093 State Funds Budgeted $ 318,437 Total Positions Budgeted 16 8. Data Processing Services Budget: Personal Services $ 10,582,883 Regular Operating Expenses $ 1,324,123 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 20,000 Equipment Purchases $ 7,857,735 Computer Charges $ 165,000 Rents and Maintenance Expense $ 10,619,182 Real Estate Rentals $ 422,703 Per Diem, Fees and Contracts $ 1,932,475 Total Funds Budgeted $ 32,959,101 State Funds Budgeted $ 18,012,925 Total Positions Budgeted 721 9. Motor Pool Services Budget: Personal Services $ 345,566 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 $ 2,250 Real Estate Rentals $ 720 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,110,824 State Funds Budgeted $ -0- Total Positions Budgeted 29 10. Communication Services Budget: Personal Services $ 1,555,161 Regular Operating Expenses $ 308,870 Travel $ 13,464 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,401 Equipment Purchases $ 31,337 Computer Charges $ 73,260 Real Estate Rentals $ 36,696 Per Diem, Fees and Contracts $ 14,700 Telephone Billings $ 14,182,000 Total Funds Budgeted $ 16,263,889 State Funds Budgeted $ 5,000,000 Total Positions Budgeted 107 11. Printing Services Budget: Personal Services $ 975,325 Regular Operating Expenses $ 1,082,869 Travel $ 3,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 76,900 Computer Charges $ 5,250 Real Estate Rentals $ 65,375 Per Diem, Fees and Contracts $ 600 Total Funds Budgeted $ 2,210,769 State Funds Budgeted $ -0- Total Positions Budgeted 77 12. Central Supply Services Budget: Personal Services $ 139,970 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 $ 51,900 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 1,776,624 State Funds Budgeted $ -0- Total Positions Budgeted 12 13. State Properties Commission Budget: Personal Services $ 77,586 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 $ 136,394 State Funds Budgeted $ 136,394 Total Positions Budgeted 9 14. Volunteer Services Budget: Personal Services $ 49,400 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 $ 69,150 State Funds Budgeted $ 53,750 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 16,309,504 Regular Operating Expenses $ 5,267,225 Travel $ 99,189 Motor Vehicle Equipment Purchases $ 149,400 Publications and Printing $ 114,606 Equipment Purchases $ 7,998,468 Computer Charges $ 4,229,214 Real Estate Rentals $ 598,294 Per Diem, Fees and Contracts $ 1,969,159 Rents and Maintenance Expense $ 10,619,182 Workmen's Compensation $ 1,960,000 Direct Payments to Georgia Building Authority for Operations $ 4,114,585 Direct Payments to Georgia Building Authority for Capital Outlay $ 5,645,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 1,050,000 State Liability Self-Insurance Reserve $ 5,000,000 Telephone Billings $ 14,182,000 Public Safety Officers Indemnity Fund $ 1,200,000 Total Positions Budgeted 1,119 Passenger Carrying Motor Vehicles 334 B. Budget Unit: Georgia Building Authority $ -0- 1. Georgia Building Authority Budget: Personal Services $ 5,482,627 Regular Operating Expenses $ 1,655,385 Travel $ 3,050 Motor Vehicle Equipment Purchases $ 27,000 Publications and Printing $ 15,650 Equipment Purchases $ 49,000 Computer Charges $ 3,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 75,369 Capital Outlay $ 5,710,000 Authority Lease Rentals $ 1,358,147 Utilities $ 2,420,100 Facilities Renovations Repairs $ -0- Total Funds Budgeted $ 16,799,328 State Funds Budgeted $ -0- Total Positions Budgeted 403 Budget Unit Object Classes: Personal Services $ 5,482,627 Regular Operating Expenses $ 1,655,385 Travel $ 3,050 Motor Vehicle Equipment Purchases $ 27,000 Publications and Printing $ 15,650 Equipment Purchases $ 49,000 Computer Charges $ 3,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 75,369 Capital Outlay $ 5,710,000 Authority Lease Rentals $ 1,358,147 Utilities $ 2,420,100 Facilities Renovations and Repairs $ -0- Total Positions Budgeted 403 Passenger Carrying Motor Vehicles 39

Page 22

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such

Page 23

amounts as are received from other sources for renovations or repairs. Section 12. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 16,446,964 1. Plant Industry Budget: Personal Services $ 2,266,821 Regular Operating Expenses $ 205,291 Travel $ 121,580 Motor Vehicle Equipment Purchases $ 28,800 Publications and Printing $ 13,300 Equipment Purchases $ 68,934 Computer Charges $ -0- Real Estate Rentals $ 1,980 Per Diem, Fees and Contracts $ 30,600 Total Funds Budgeted $ 2,737,306 State Funds Budgeted $ 2,617,306 Total Positions Budgeted 185 2. Animal Industry Budget: Personal Services $ 678,348 Regular Operating Expenses $ 119,494 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 $ 525,000 Research Contract with Georgia Institute of Technology $ 280,000 Contract with University of Georgia to Study Avian Disease $ 250,000 Indemnities $ 150,000 Total Funds Budgeted $ 3,398,620 State Funds Budgeted $ 3,178,620 Total Positions Budgeted 50 3. Marketing Budget: Personal Services $ 1,095,810 Regular Operating Expenses $ 301,834 Travel $ 32,700 Motor Vehicle Equipment Purchases $ 8,400 Publications and Printing $ 7,000 Equipment Purchases $ 3,580 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 22,500 Capital Outlay $ 76,000 Authority Lease Rentals $ 295,000 Total Funds Budgeted $ 1,842,824 State Funds Budgeted $ 1,677,374 Total Positions Budgeted 87 4. General Agricultural Field Forces Budget: Personal Services $ 1,420,992 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 $ 1,713,306 State Funds Budgeted $ 1,713,306 Total Positions Budgeted 127 5. Internal Administration Budget: Personal Services $ 795,506 Regular Operating Expenses $ 115,530 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 9,200 Publications and Printing $ 12,200 Equipment Purchases $ 5,900 Computer Charges $ 86,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 10,750 Advertising Contract $ 35,000 Total Funds Budgeted $ 1,100,086 State Funds Budgeted $ 1,080,086 Total Positions Budgeted 55 6. Information and Education Budget: Personal Services $ 125,823 Regular Operating Expenses $ 349,915 Travel $ 990 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 256,554 Equipment Purchases $ 3,245 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 736,527 State Funds Budgeted $ 736,527 Total Positions Budgeted 11 7. Fuel and Measures Standards Budget: Personal Services $ 784,327 Regular Operating Expenses $ 123,000 Travel $ 61,500 Motor Vehicle Equipment Purchases $ 144,100 Publications and Printing $ 6,000 Equipment Purchases $ 31,175 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,150,102 State Funds Budgeted $ 1,148,602 Total Positions Budgeted 66 8. Consumer Protection Budget: Personal Services $ 575,397 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 $ 683,078 State Funds Budgeted $ 683,078 Total Positions Budgeted 38 9. Consumer Protection Field Forces Budget: Personal Services $ 1,668,283 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 $ 1,892,283 State Funds Budgeted $ 1,585,247 Total Positions Budgeted 121 10. Meat Inspection Budget: Personal Services $ 1,951,735 Regular Operating Expenses $ 52,070 Travel $ 165,140 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 $ 2,266,785 State Funds Budgeted $ 925,593 Total Positions Budgeted 150 11. Fire Ant Eradication Budget: Personal Services $ 156,425 Regular Operating Expenses $ 2,000 Travel $ 49,200 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 $ -0- Purchase of Bait and Airplane Contracts $ 851,000 Total Funds Budgeted $ 1,060,225 State Funds Budgeted $ 895,225 Total Positions Budgeted -0- 12. Georgia Agrirama Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations $ 170,000 Direct Payments to Georgia Agrirama Development Authority for Capital Outlay $ 36,000 Total Funds Budgeted $ 206,000 State Funds Budgeted $ 206,000 Total Positions Budgeted -0- Budget Unit Object Classes: Personal Services $ 11,519,467 Regular Operating Expenses $ 1,490,914 Travel $ 776,310 Motor Vehicle Equipment Purchases $ 312,100 Publications and Printing $ 326,304 Equipment Purchases $ 133,689 Computer Charges $ 86,000 Real Estate Rentals $ 12,480 Per Diem, Fees and Contracts $ 140,000 Capital Outlay $ 76,000 Purchase of Bait and Airplane Contracts $ 851,000 Athens Veterinary Laboratory Contract $ 242,658 Tifton Veterinary Laboratory Contract $ 437,220 Poultry Improvement Contract $ 642,000 Veterinary Fees $ 525,000 Research Contract with Georgia Institute of Technology $ 280,000 Contract with University of Georgia to Study Avian Disease $ 250,000 Indemnities $ 150,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 295,000 Direct Payments to Georgia Agrirama Development Authority for Operations $ 170,000 Direct Payments to Georgia Agrirama Development Authority for Capital Outlay $ 36,000 Total Positions Budgeted 890 Passenger Carrying Motor Vehicles 197 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 Contract, $80,000 is designated and committed for a Poultry Laboratory in Statesboro, Georgia. Provided, that of the above appropriation, up to $50,000 may be used (unmatched) for a study of alternate methods of fire and eradication, with emphasis on genetic research. Provided, that of the above appropriation relative to Research Contract with Georgia Institute of Technology, $50,000 is designated and committed to match $50,000 from the National Aeronautics and Space Administration for a joint project to apply N.A.S.A. technology to the poultry industry. Provided, that of the above appropriation, up to $100,000 may be used to match Federal funds for a joint project to develop a pesticide for fire ant control. B. Budget Unit: Georgia Agrirama Development Authority $ -0- 1. Georgia Agrirama Development Authority Budget: Personal Services $ 357,386 Regular Operating Expenses $ 73,650 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 12,750 Capital Outlay $ 36,000 Total Funds Budgeted $ 494,986 State Funds Budgeted $ -0- Total Positions Budgeted 48 Budget Unit Object Classes: Personal Services $ 357,386 Regular Operating Expenses $ 73,650 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 12,750 Capital Outlay $ 36,000 Total Positions Budgeted 48 Passenger Carrying Motor Vehicles 4

Page 29

Section 13. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 2,012,028 1. Administration Budget: Personal Services $ 442,874 Regular Operating Expenses $ 48,112 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,055 Computer Charges $ 6,000 Real Estate Rentals $ 37,150 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 559,191 State Funds Budgeted $ 559,191 Total Positions Budgeted 24 2. Examination Budget: Personal Services $ 1,151,907 Regular Operating Expenses $ 15,670 Travel $ 279,560 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 $ 1,452,837 State Funds Budgeted $ 1,452,837 Total Positions Budgeted 67 Budget Unit Object Classes: Personal Services $ 1,594,781 Regular Operating Expenses $ 63,782 Travel $ 286,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 8,755 Computer Charges $ 6,000 Real Estate Rentals $ 37,150 Per Diem, Fees and Contracts $ 3,000 Total Positions Budgeted 91 Passenger Carrying Motor Vehicles 1

Page 30

Section 14. Department of Community Affairs. A. Budget Unit: Department of Community Affairs $ 2,548,764 1. Executive Office and Administrative Support: Personal Services $ 339,573 Regular Operating Expenses $ 38,144 Travel $ 18,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ 1,125 Computer Charges $ -0- Real Estate Rentals $ 4,500 Per Diem, Fees and Contracts $ 12,632 Total Funds Budgeted $ 416,874 State Funds Budgeted $ 320,192 Total Positions Budgeted 19 2. Area Development: Personal Services $ 521,793 Regular Operating Expenses $ 14,483 Travel $ 11,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,900 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 12,430 Grants to Area Planning and Development Commissions $ 1,170,000 HUD 701 Planning Grants $ 879,416 Total Funds Budgeted $ 2,614,722 State Funds Budgeted $ 1,359,054 Total Positions Budgeted 42 3. Local Development: Personal Services $ 354,072 Regular Operating Expenses $ 18,376 Travel $ 22,200 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 $ 11,000 Intermodal Contract $ 10,000 Total Funds Budgeted $ 424,398 State Funds Budgeted $ 148,686 Total Positions Budgeted 19 4. State Crime Commission Planning and Grant Administration: Personal Services $ 813,623 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 $ 1,031,252 State Funds Budgeted $ 118,274 Total Positions Budgeted 46 5. LEAA Grants Budget: LEAA Discretionary Grants $ 383,407 LEAA Juvenile Justice $ 1,524,000 LEAA Action Local $ 4,599,000 LEAA Action State $ 3,600,000 LEAA State Buy-In $ 602,558 LEAA Planning $ 525,600 LEAA Action Carry Forward $ 7,931,434 LEAA State Buy-In Carry Forward $ 747,285 Total Funds Budgeted $ 19,913,284 State Funds Budgeted $ 602,558 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 2,029,061 Regular Operating Expenses $ 140,123 Travel $ 86,915 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 33,300 Equipment Purchases $ 4,675 Computer Charges $ 17,959 Real Estate Rentals $ 47,535 Per Diem, Fees and Contracts $ 68,262 Intermodal Contract $ 10,000 Grants to Area Planning and Development Commissions $ 1,170,000 HUD 701 Planning Grants $ 879,416 LEAA Discretionary Grants $ 383,407 LEAA Action Local $ 4,599,000 LEAA Action State $ 3,600,000 LEAA State Buy-In $ 602,558 LEAA Planning $ 525,600 LEAA Juvenile Justice $ 1,524,000 LEAA Action Carry Forward $ 7,931,434 LEAA State Buy-In Carry Forward $ 747,285 Total Positions Budgeted 126 Passenger Carrying Motor Vehicles 5 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. B. Budget Unit: State Building Administrative Board $ 84,561 State Building Administrative Board Budget: Personal Services $ 89,725 Regular Operating Expenses $ 5,654 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 113,379 State Funds Budgeted $ 84,561 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 89,725 Regular Operating Expenses $ 5,654 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 3,000 Total Positions Budgeted 7 Passenger Carrying Motor Vehicles 0 C. Budget Unit: Indian Affairs Commission $ -0- Indian Affairs Commission Budget: Personal Services $ 70,138 Regular Operating Expenses $ 3,433 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 3,545 Computer Charges $ -0- Real Estate Rentals $ 4,266 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 87,382 State Funds Budgeted $ -0- Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 70,138 Regular Operating Expenses $ 3,433 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 3,545 Computer Charges $ -0- Real Estate Rentals $ 4,266 Per Diem, Fees and Contracts $ -0- Total Positions Budgeted 4 Passenger Carrying Motor Vehicles 0

Page 34

Section 15. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 3,508,514 1. Internal Administration Budget: Personal Services $ 308,606 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 $ 409,870 State Funds Budgeted $ 409,870 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services $ 575,881 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 $ 748,081 State Funds Budgeted $ 748,081 Total Positions Budgeted 43 3. Industrial Loans Regulation Budget: Personal Services $ 249,910 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 $ 286,344 State Funds Budgeted $ 286,344 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 533,149 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 $ 585,999 State Funds Budgeted $ 585,999 Total Positions Budgeted 41 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,426,980 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 $ 1,638,220 State Funds Budgeted $ 1,478,220 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 3,094,526 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 Passenger Carrying Motor Vehicles 57

Page 36

Section 16. Department of Defense. Budget Unit: Department of Defense $ 3,126,879 1. Administration and Support of State Militia Budget: Personal Services $ 560,351 Regular Operating Expenses $ 93,272 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 18,000 Publications and Printing $ 25,000 Equipment Purchases $ 7,501 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 7,000 National Guard Units Grants $ -0- Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 12,500 Capital Outlay $ -0- Total Funds Budgeted $ 745,124 State Funds Budgeted $ 745,124 Total Positions Budgeted 33 Provided, however, it is the intent of this General Assembly that the funds appropriated herein for Grants to Civil Air Patrol be utilized for repairs, insurance and maintenance of aircraft owned by the Civil Air Patrol, and for no other purpose. 2. Civil Defense Budget: Personal Services $ 544,601 Regular Operating Expenses $ 78,000 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,800 Equipment Purchases $ 5,462 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 15,000 Capital Outlay $ 91,000 Total Funds Budgeted $ 750,863 State Funds Budgeted $ 406,684 Total Positions Budgeted 33 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. Construction and Facilities Maintenance Budget: Personal Services $ 108,002 Regular Operating Expenses $ 132,978 Travel $ 4,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 22,590 Computer Charges $ -0- Real Estate Rentals $ -0- Grants to National Guard Units $ 255,000 Per Diem, Fees and Contracts $ -0- Capital Outlay $ 1,391,395 Total Funds Budgeted $ 1,914,365 State Funds Budgeted $ 1,739,620 Total Positions Budgeted 8 Provided, that of the above appropriation relative to Capital Outlay, $1,158,400 is designated and committed to replace defective roofs and various repairs on armories. 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. 4. Disaster Preparedness and Recovery Budget: Personal Services $ 222,142 Regular Operating Expenses $ 11,350 Travel $ 21,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,100 Equipment Purchases $ 3,250 Computer Charges $ -0- Real Estate Rentals $ 3,600 Per Diem, Fees and Contracts $ 12,000 Total Funds Budgeted $ 286,002 State Funds Budgeted $ -0- Total Positions Budgeted 13 5. Service Contracts Budget: Personal Services $ 1,387,219 Regular Operating Expenses $ 618,498 Travel $ 4,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,010,217 State Funds Budgeted $ 235,451 Total Positions Budgeted 118 Budget Unit Object Classes: Personal Services $ 2,822,315 Regular Operating Expenses $ 934,098 Travel $ 46,960 Motor Vehicle Equipment Purchases $ 18,000 Publications and Printing $ 42,900 Equipment Purchases $ 38,803 Computer Charges $ -0- Real Estate Rentals $ 3,600 Per Diem, Fees and Contracts $ 34,000 National Guard Units Grants $ 255,000 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 12,500 Capital Outlay $ 1,482,395 Total Positions Budgeted 205 Passenger Carrying Motor Vehicles 20

Page 39

Section 17. Economic Development Council of Georgia. Budget Unit: Economic Development Council of Georgia $ 17,700 Departmental Operations Budget: Personal Services $ 12,000 Regular Operating Expenses $ 2,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,200 Computer Charges $ -0- Real Estate Rentals $ 800 Per Diem, Fees and Contracts $ 1,700 Total Funds Budgeted $ 17,700 State Funds Budgeted $ 17,700 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 12,000 Regular Operating Expenses $ 2,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,200 Computer Charges $ -0- Real Estate Rentals $ 800 Per Diem, Fees and Contracts $ 1,700 Total Positions Budgeted 2 Passenger Carrying Motor Vehicles 0

Page 40

Section 18. State Board of Education - Department of Education. A. Budget Unit: Department of Education $ 780,545,840 1. Instructional Services Budget: Personal Services $ 172,939 Regular Operating Expenses $ 21,146 Travel $ 8,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,760 Equipment Purchases $ 2,510 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 44,200 Total Funds Budgeted $ 256,605 State Funds Budgeted $ 234,616 Total Positions Budgeted 8 2. Pre-School and Special Education Budget: Personal Services $ 596,459 Regular Operating Expenses $ 32,875 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 $ 702,801 State Funds Budgeted $ 445,895 Total Positions Budgeted 32 3. Governor's Honors Program Budget: Personal Services $ 216,235 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 $ 252,000 Total Funds Budgeted $ 536,758 State Funds Budgeted $ 406,758 Total Positions Budgeted 2 4. General Education Budget: Personal Services $ 638,263 Regular Operating Expenses $ 62,543 Travel $ 46,252 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 62,105 Equipment Purchases $ 1,475 Computer Charges $ -0- Real Estate Rentals $ 21,412 Per Diem, Fees and Contracts $ 140,670 Total Funds Budgeted $ 972,720 State Funds Budgeted $ 540,465 Total Positions Budgeted 33 5. Vocational and Adult Education Budget: Personal Services $ 1,871,204 Regular Operating Expenses $ 237,465 Travel $ 171,729 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 $ 1,273,150 Total Funds Budgeted $ 3,610,187 State Funds Budgeted $ 1,169,278 Total Positions Budgeted 110 6. Compensatory Education Budget: Personal Services $ 308,198 Regular Operating Expenses $ 25,449 Travel $ 21,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 1,320 Computer Charges $ -0- Real Estate Rentals $ 10,881 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 372,848 State Funds Budgeted $ -0- Total Positions Budgeted 20 7. Student Services Budget: Personal Services $ 287,020 Regular Operating Expenses $ 14,918 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 $ 402,170 Total Funds Budgeted $ 734,718 State Funds Budgeted $ 659,137 Total Positions Budgeted 15 8. Media Services Budget: Personal Services $ 2,479,840 Regular Operating Expenses $ 1,801,626 Travel $ 62,400 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 110,697 Equipment Purchases $ 507,568 Computer Charges $ -0- Real Estate Rentals $ 5,897 Per Diem, Fees and Contracts $ 207,133 Total Funds Budgeted $ 5,179,161 State Funds Budgeted $ 4,420,637 Total Positions Budgeted 181 9. Public Library Services Budget: Personal Services $ 617,981 Regular Operating Expenses $ 328,919 Travel $ 18,011 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,600 Equipment Purchases $ 16,825 Computer Charges $ -0- Real Estate Rentals $ 67,827 Per Diem, Fees and Contracts $ 48,857 Total Funds Budgeted $ 1,107,020 State Funds Budgeted $ 685,789 Total Positions Budgeted 51 10. Program and Staff Development Budget: Personal Services $ 813,229 Regular Operating Expenses $ 69,308 Travel $ 46,339 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,250 Equipment Purchases $ 5,750 Computer Charges $ -0- Real Estate Rentals $ 2,394 Per Diem, Fees and Contracts $ 414,156 Total Funds Budgeted $ 1,374,426 State Funds Budgeted $ 946,372 Total Positions Budgeted 57 11. State Administration Budget: Personal Services $ 721,141 Regular Operating Expenses $ 102,451 Travel $ 29,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 17,600 Computer Charges $ -0- Real Estate Rentals $ 10,166 Per Diem, Fees and Contracts $ 217,600 Total Funds Budgeted $ 1,121,708 State Funds Budgeted $ 794,076 Total Positions Budgeted 38 12. Administrative Services Budget: Personal Services $ 3,687,075 Regular Operating Expenses $ 482,470 Travel $ 192,947 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 121,625 Equipment Purchases $ 25,810 Computer Charges $ 742,088 Real Estate Rentals $ 62,794 Per Diem, Fees and Contracts $ 169,350 Total Funds Budgeted $ 5,495,159 Indirect DOAS Services Funding $ 220,000 State Funds Budgeted $ 2,967,604 Total Positions Budgeted 248 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 $ 17,942,965 Authority Lease Rentals $ 333,204 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 356,178,405 Salaries of Instructional Personnel (Sec. 5) $ 44,957,565 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 15,678,888 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 44,818,948 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ 43,258 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,370,491 Instructional Media (Sec. 13) $ 13,990,901 Instructional Equipment (Sec. 14) $ 654,619 Maintenance and Operation (Sec. 15) $ 60,770,486 Sick and Personal Leave (Sec. 16) $ 2,998,050 Travel (Sec. 17) $ 606,850 Pupil Transportation - Regular (Sec. 25) $ 35,727,426 Pupil Transportation Special (Sec. 25) $ 2,984,866 Isolated Schools $ 140,017 Selective Pre-School Development $ 10,864,644 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 67,277,321 Driver Education $ 300,000 Teacher Retirement $ 46,422,795 Instructional Services for the Handicapped $ 3,109,824 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 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 and Beginning Teachers $ 545,000 Cooperative Educational Service Agencies $ 2,412,000 Superintendents' Salaries $ 3,245,720 High School Program $ 15,125,996 Area Vocational-Technical Schools $ 31,850,612 Research and Development Utilization $ 128,000 Junior College Vocational Program $ 719,120 Quick Start Program $ 1,136,235 Comprehensive Employment and Training $ 3,225,000 Vocational Research and Curriculum $ 162,000 Adult Education $ 3,173,931 Salaries and Travel of Public Librarians $ 2,814,078 Public Library Materials $ 1,891,147 Talking Book Centers $ 256,000 Public Library Maintenance and Operation $ 1,189,072 Public Library Construction $ 1,016,000 Comprehensive Planning $ 500,000 Competency-Based High School Graduation Requirements $ 225,000 Total Funds Budgeted $ 947,087,770 State Funds Budgeted $ 767,275,213 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 12,409,584 Regular Operating Expenses $ 3,236,493 Travel $ 662,397 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 403,597 Equipment Purchases $ 592,858 Computer Charges $ 742,088 Real Estate Rentals $ 230,108 Per Diem, Fees and Contracts $ 3,171,986 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 356,178,405 Salaries of Instructional Personnel (Sec. 5) $ 44,957,565 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 15,678,888 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 44,818,948 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ 43,258 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,370,491 Instructional Media (Sec. 13) $ 13,990,901 Instructional Equipment (Sec. 14) $ 654,619 Maintenance and Operation (Sec. 15) $ 60,770,486 Sick and Personal Leave (Sec. 16) $ 2,998,050 Travel (Sec. 17) $ 606,850 Pupil Transportation - Regular (Sec. 25) $ 35,727,426 Pupil Transportation - Special (Sec. 25) $ 2,984,866 Isolated Schools $ 140,017 Selective Pre-School Development $ 10,864,644 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 67,277,321 Driver Education $ 300,000 Teacher Retirement $ 46,422,795 Instructional Services for the Handicapped $ 3,109,824 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 $ 15,125,996 Vocational Research and Curriculum $ 162,000 Adult Education $ 3,173,931 Area Vocational Technical Schools $ 31,850,612 Research and Development Utilization $ 128,000 Junior College Vocational Program $ 719,120 Quick Start Program $ 1,136,235 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 $ 2,814,078 Public Library Materials $ 1,891,147 Talking Book Centers $ 256,000 Public Library Maintenance and Operation $ 1,189,072 Public Library Construction $ 1,016,000 School Lunch $ 96,812,483 Supplementary Education Centers and Services $ 3,012,708 Staff Development $ 890,000 Supervision and Assessment of Students and Beginning Teachers $ 545,000 Cooperative Educational Service Agencies $ 2,412,000 Superintendents' Salaries $ 3,245,720 Comprehensive Planning $ 500,000 Competency-Based High School Graduation Requirements $ 225,000 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 $ 17,942,965 Authority Lease Rentals $ 333,204 Total Positions Budgeted 795 Passenger Carrying Motor Vehicles 17 B. Budget Unit: Institutions $ 9,739,198 1. Georgia Academy for the Blind Budget: Personal Services $ 1,514,066 Regular Operating Expenses $ 273,385 Travel $ 5,100 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 1,800 Equipment Purchases $ 18,870 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 18,225 Capital Outlay $ -0- Total Funds Budgeted $ 1,837,946 State Funds Budgeted $ 1,584,802 Total Positions Budgeted 153 2. Georgia School for the Deaf Budget: Personal Services $ 2,898,915 Regular Operating Expenses $ 641,140 Travel $ 10,275 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 $ 16,276 Capital Outlay $ 1,610 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 3,680,364 State Funds Budgeted $ 3,205,772 Total Positions Budgeted 278 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,045,018 Regular Operating Expenses $ 222,184 Travel $ 3,436 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,212 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 51,075 Capital Outlay $ -0- Total Funds Budgeted $ 1,328,925 State Funds Budgeted $ 1,187,957 Total Positions Budgeted 83 4. Alto Education and Evaluation Center Budget: Personal Services $ 852,503 Regular Operating Expenses $ 82,674 Travel $ 4,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 24,966 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 965,893 State Funds Budgeted $ 710,703 Total Positions Budgeted 54 5. North Georgia Vocational-Technical School Budget: Personal Services $ 1,588,514 Regular Operating Expenses $ 599,797 Travel $ 16,030 Motor Vehicle Equipment Purchases $ 16,500 Publications and Printing $ 4,825 Equipment Purchases $ 93,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 45,750 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 2,419,666 State Funds Budgeted $ 1,617,676 Total Positions Budgeted 103 6. South Georgia Vocational-Technical School Budget: Personal Services $ 1,342,822 Regular Operating Expenses $ 406,801 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 $ 1,944,658 State Funds Budgeted $ 1,322,090 Total Positions Budgeted 97 7. State Schools Administration Budget: Personal Services $ 120,595 Regular Operating Expenses $ 4,013 Travel $ 6,900 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 $ 132,458 State Funds Budgeted $ 110,198 Total Positions Budgeted 6 Budget Unit Object Classes : Personal Services $ 9,362,433 Regular Operating Expenses $ 2,229,994 Travel $ 57,991 Motor Vehicle Equipment Purchases $ 37,000 Publications and Printing $ 14,347 Equipment Purchases $ 344,384 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 134,686 Capital Outlay $ 1,610 Authority Lease Rentals $ 127,465 Total Positions Budgeted 774 Passenger Carrying Motor Vehicles 62

Page 52

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, $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 53

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 mini-buses transportation program for Special Education Students. Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.

Page 54

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 75 cents per child in average daily attendance.

Page 55

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 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, $70,000 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 Travel (Section 32-617a of APEG), such funds shall be allocated to local systems based on 70 cents per student in average daily attendance. Provided, that of the above appropriation, funds allocated 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: 1. Only one single building project per local system shall be eligible for State funds in any one fiscal year.

Page 56

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 require a lesser percentage of construction cost for items which would otherwise be financed from maintenance and operation funds. 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 average daily attendance, surveyed projected growth, consolidation, 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. Provided, that of the above appropriation relative to Direct Grants to School Systems for Capital Outlay purposes, $1,472,850 is designated and committed for a school construction program

Page 57

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, and $10,000,000 for school renovations. Provided, further, $5,610,000 is designated and committed for area vocational-technical school construction and equipping for Waycross-Ware, Savannah and Troup County Area Vocational-Technical Schools. Also, $110,000 is designated and committed for the purchase of land at Coosa Valley Area Vocational-Technical School and $8,400 is designated and committed for the construction of a prefabricated building for a Home Economics demonstration project in Polk County. Provided, that of the above appropriated funds for Public Library Maintenance and Operation, $40,000 is designated and committed for the purchase of a bookmobile for the Tri-County Regional Library. Provided, that of the above appropriation relative to Direct Grants to School Systems for Capital Outlay Purposes, $56,972 is designated and committed to construct two steel sheds at the Thomas Area Vocational-Technical School. Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System $ -0- 1. Employees' Retirement System Budget: Personal Services $ 463,473 Regular Operating Expenses $ 50,878 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 3,275 Computer Charges $ 175,000 Per Diem, Fees and Contracts $ 293,283 Total Funds Budgeted $ 1,015,909 State Funds Budgeted $ -0- Total Positions Budgeted 32 Budget Unit Object Classes: Personal Services $ 463,473 Regular Operating Expenses $ 50,878 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 3,275 Computer Charges $ 175,000 Per Diem, Fees and Contracts $ 293,283 Total Positions Budgeted 32 Passenger Carrying Motor Vehicles 1

Page 58

It is the intent of this General Assembly that the Employees' Retirement System adjust the employer contribution rate for the period January 1, 1978, through June 30, 1978, upward by.20%, and thereafter reduce such rate by.10%, for the purpose of maintaining the actuarial soundness of the System, as necessitated by H. B. 85 of the 1977 Regular Session. Section 20. Forest Research Council. Budget Unit: Forest Research Council $ 629,200 Forest Research Council Budget: Personal Services $ 109,622 Regular Operating Expenses $ 25,550 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,150 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Contractual Research $ 476,490 Total Funds Budgeted $ 638,312 State Funds Budgeted $ 629,200 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 109,622 Regular Operating Expenses $ 25,550 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,150 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Contractual Research $ 476,490 Total Positions Budgeted 6 Passenger Carrying Motor Vehicles 3

Page 59

Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 11,411,249 1. Reforestation Budget: Personal Services $ 496,982 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 $ 855,870 State Funds Budgeted $ 274,166 Total Positions Budgeted 30 2. Field Services Budget: Personal Services $ 9,889,049 Regular Operating Expenses $ 1,787,084 Travel $ 65,403 Motor Vehicle Equipment Purchases $ 1,157,000 Publications and Printing $ 28,552 Equipment Purchases $ 125,775 Computer Charges $ 19,760 Real Estate Rentals $ 3,397 Per Diem, Fees and Contracts $ 78,890 Ware County Grant $ 60,000 Capital Outlay $ 178,900 Total Funds Budgeted $ 13,393,810 State Funds Budgeted $ 10,627,457 Total Positions Budgeted 809 3. General Administration and Support Budget: Personal Services $ 396,291 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 $ 568,891 State Funds Budgeted $ 509,626 Total Positions Budgeted 22 Budget Unit Object Classes: Personal Services $ 10,782,322 Regular Operating Expenses $ 2,140,584 Travel $ 80,203 Motor Vehicle Equipment Purchases $ 1,172,600 Publications and Printing $ 39,266 Equipment Purchases $ 139,650 Computer Charges $ 94,859 Real Estate Rentals $ 3,397 Per Diem, Fees and Contracts 126,790 Ware County Grant $ 60,000 Capital Outlay $ 178,900 Total Positions Budgeted 861 Passenger Carrying Motor Vehicles 358

Page 60

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 $350,000 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

Page 61

of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. 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 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 8,880,859 1. General Administration Budget: Personal Services $ 394,145 Regular Operating Expenses $ 46,700 Travel $ 6,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 4,860 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ 25,600 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 483,405 State Funds Budgeted $ 458,305 Total Positions Budgeted 26 2. Investigative Division Budget: Personal Services $ 3,316,171 Regular Operating Expenses $ 520,792 Travel $ 273,000 Motor Vehicle Equipment Purchases $ 171,200 Publications and Printing $ 30,578 Equipment Purchases $ 23,500 Computer Charges $ 4,226 Real Estate Rentals $ 69,772 Per Diem, Fees and Contracts $ 36,860 Evidence Purchased $ 218,208 Capital Outlay $ 130,000 Total Funds Budgeted $ 4,794,307 State Funds Budgeted $ 4,125,571 Total Positions Budgeted 176 3. Crime Laboratory Budget: Personal Services $ 1,343,700 Regular Operating Expenses $ 310,200 Travel $ 19,250 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 3,300 Equipment Purchases $ 107,000 Computer Charges $ 141,672 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 4,400 Capital Outlay $ 10,000 Total Funds Budgeted $ 1,944,522 State Funds Budgeted $ 1,821,722 Total Positions Budgeted 78 4. Georgia Crime Information Center Budget: Personal Services $ 1,325,426 Regular Operating Expenses $ 397,000 Travel $ 9,735 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 83,000 Equipment Purchases $ 14,000 Computer Charges $ 919,000 Real Estate Rentals $ 3,000 Per Diem, Fees and Contracts $ 5,300 Total Funds Budgeted $ 2,766,461 State Funds Budgeted $ 2,475,261 Total Positions Budgeted 103 Budget Unit Object Classes: Personal Services $ 6,379,442 Regular Operating Expenses $ 1,274,692 Travel $ 307,985 Motor Vehicle Equipment Purchases $ 191,200 Publications and Printing $ 121,738 Equipment Purchases $ 145,600 Computer Charges $ 1,064,898 Real Estate Rentals $ 98,372 Per Diem, Fees and Contracts $ 46,560 Evidence Purchased $ 218,208 Capital Outlay $ 140,000 Total Positions Budgeted 383 Passenger Carrying Motor Vehicles 217

Page 63

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. Provided, that of the above appropriation relative to Capital Outlay, $130,000 is provided to expand the number of regional offices from ten to thirteen. Section 23. Georgia Franchise Practices Commission. Budget Unit: Georgia Franchise Practices Commission $ 48,302 Georgia Franchise Practices Commission Budget: Personal Services $ 30,692 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 $ 48,302 State Funds Budgeted $ 48,302 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 30,692 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 Passenger Carrying Motor Vehicles 0

Page 64

Section 24. 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 $ 105,200 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 11,600 Computer Charges $ 35,800 Real Estate Rentals $ 49,808 Per Diem, Fees and Contracts $ 231,000 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 $ 105,200 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 11,600 Computer Charges $ 35,800 Real Estate Rentals $ 49,808 Per Diem, Fees and Contracts $ 231,000 Total Positions Budgeted 40 Passenger Carrying Motor Vehicles 0 Section 25. Office of the Governor. A. Budget Unit: Governor's Office $ 3,141,924 1. Governor's Office Budget: Cost of Operations $ 990,964 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Total Funds Budgeted $ 3,030,964 State Funds Budgeted $ 3,030,964 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 $ 59,710 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 $ 40,000 Total Funds Budgeted $ 110,960 State Funds Budgeted $ 110,960 Total Positions Budgeted 4 Budget Unit Object Classes: Cost of Operations $ 990,964 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Personal Services $ 59,710 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 $ 40,000 Total Positions Budgeted 4 Passenger Carrying Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 3,432,212 1. General Administration and Support Budget: Personal Services $ 285,396 Regular Operating Expenses $ 30,495 Travel $ 10,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,000 Equipment Purchases $ 1,607 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 40,500 Payments to Regional Commissions $ 127,500 Total Funds Budgeted $ 515,058 State Funds Budgeted $ 511,258 Total Positions Budgeted 15 2. Council of the Arts Budget: Personal Services $ 96,483 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 $ 931,705 Total Funds Budgeted $ 1,065,332 State Funds Budgeted $ 510,069 Total Positions Budgeted 5 3. Educational Development Budget: Personal Services $ 190,119 Regular Operating Expenses $ 8,263 Travel $ 4,900 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 $ 203,282 State Funds Budgeted $ 163,282 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services $ 152,585 Regular Operating Expenses $ 10,856 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 177,941 State Funds Budgeted $ 177,941 Total Positions Budgeted 8 5. Management Review Budget: Personal Services $ 405,667 Regular Operating Expenses $ 17,285 Travel $ 6,640 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,930 Equipment Purchases $ -0- Computer Charges $ 23,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 457,522 State Funds Budgeted $ 374,243 Total Positions Budgeted 22 6. Human Development Budget: Personal Services $ 217,491 Regular Operating Expenses $ 10,620 Travel $ 5,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 234,211 State Funds Budgeted $ 189,211 Total Positions Budgeted 10 7. Office of Consumer Affairs: Personal Services $ 744,980 Regular Operating Expenses $ 140,900 Travel $ 15,139 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,800 Equipment Purchases $ 775 Computer Charges $ 13,857 Real Estate Rentals $ 48,366 Per Diem, Fees and Contracts $ 8,500 Total Funds Budgeted $ 996,317 State Funds Budgeted $ 617,389 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services $ 206,531 Regular Operating Expenses $ 36,189 Travel $ 24,945 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,400 Equipment Purchases $ 9,530 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 400,045 Total Funds Budgeted $ 711,640 State Funds Budgeted $ 174,052 Total Positions Budgeted 12 9. Georgia Post-Secondary Education Commission Budget: Personal Services $ 84,125 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 $ 6,032 Per Diem, Fees and Contracts $ 14,032 Total Funds Budgeted $ 124,527 State Funds Budgeted $ 48,746 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 57,893 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 $ 65,893 State Funds Budgeted $ 65,893 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services $ 628,120 Regular Operating Expenses $ 22,234 Travel $ 50,957 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,919 Equipment Purchases $ 7,372 Computer Charges $ 10,166 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 424,265 Total Funds Budgeted $ 1,159,033 State Funds Budgeted $ 310,604 Total Positions Budgeted 34 12. General Government and Protection of Persons and Property Budget: Personal Services $ 252,090 Regular Operating Expenses $ 10,834 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 2,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 272,424 State Funds Budgeted $ 222,424 Total Positions Budgeted 12 13. Consumer's Utility Counsel Budget: Personal Services $ 125,170 Regular Operating Expenses $ 25,636 Travel $ 4,833 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 800 Equipment Purchases $ 14,855 Computer Charges $ -0- Real Estate Rentals $ 7,478 Per Diem, Fees and Contracts $ 13,333 Total Funds Budgeted $ 192,105 State Funds Budgeted $ 67,100 Total Positions Budgeted 13 Budget Unit Object Classes: Personal Services $ 3,446,650 Regular Operating Expenses $ 335,026 Travel $ 151,074 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 107,449 Equipment Purchases $ 39,302 Computer Charges $ 52,023 Real Estate Rentals $ 74,881 Per Diem, Fees and Contracts $ 909,675 Art Grants $ 931,705 Payments to Regional Commissions $ 127,500 Total Positions Budgeted 197 Passenger Carrying Motor Vehicles 0

Page 71

Section 26. 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 27. Department of Human Resources. A. Budget Unit: Departmental Operations $ 156,019,671 1. General Administration and Support Budget: Personal Services $ 8,932,942 Regular Operating Expenses $ 1,111,333 Travel $ 277,065 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,688 Equipment Purchases $ 29,034 Computer Charges $ 1,150,000 Real Estate Rentals $ 416,460 Per Diem, Fees and Contracts $ 769,800 Institutional Repairs and Maintenance $ 865,625 Capital Outlay $ 310,000 Total Funds Budgeted $ 13,898,947 Indirect DOAS Services Funding $ 1,310,000 Agency Funds $ 5,831,618 State Funds Budgeted $ 6,757,329 Total Positions Budgeted 634 Passenger Carrying Motor Vehicles 7

Page 72

General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 395,303 $ 395,303 19 Volunteer Services $ 305,542 $ 305,542 15 Comprehensive Health Planning $ 608,418 $ 232,021 23 Planning and Budget $ 745,863 $ 638,219 36 Evaluation and Research $ 1,653,411 $ 1,628,411 80 Director's Office-State and Local Affairs $ 188,451 $ 188,451 9 Affirmative Action $ 67,135 $ 67,135 4 Child Support Recovery Contracts $ 227,500 $ 107,500 0 Child Support Recovery $ 883,573 $ 222,096 65 District Coordination $ 683,988 $ 656,988 44 Grants Management $ 71,008 $ 71,008 5 Public Relations and Information $ 210,769 $ 210,769 13 Regional Building Maintenance $ 350,900 $ 350,900 0 Special Administrative Services $ 480,994 $ 480,994 29 Staff Development and Training $ 375,438 $ 375,438 19 Administrative Policy, Coordination and Direction $ 291,002 $ 283,002 10 Financial Accounting and Control $ 1,547,167 $ 1,522,167 124 Personnel $ 846,134 $ 807,534 59 Administrative Support Services $ 1,516,674 $ 1,330,674 63 Systems Planning, Development and Training $ 228,367 $ 228,367 12 Electronic Data Processing, Planning and Coordination $ 1,250,000 $ 37,000 0 Facilities Management $ 971,310 $ 971,310 5 Indirect Cost $ -0- $ (4,354,000) 0 Undistributed $ -0- $ -0- 0 Total $ 13,898,947 $ 6,757,329 634

Page 73

2. Special Programs: Personal Services $ 2,902,309 Regular Operating Expenses $ 117,406 Travel $ 159,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,400 Equipment Purchases $ 10,200 Computer Charges $ 8,209 Real Estate Rentals $ 152,960 Per Diem, Fees and Contracts $ 383,526 Total Funds Budgeted $ 3,757,610 Indirect DOAS Services Funding $ -0- Agency Funds $ 2,202,494 State Funds Budgeted $ 1,555,116 Total Positions Budgeted 197 Passenger Carrying Motor Vehicles 4 Special Programs Functional Budgets Total Funds State Funds Pos. Office of Regulatory Management $ 2,570,700 $ 1,132,655 146 Office of Regulatory Management - Federal Projects $ 144,210 $ -0- 8 State Economic Opportunity Office $ 395,089 $ 139,480 17 State Economic Opportunity Office-Federal Projects $ 11,826 $ -0- 0 Council on Family Planning $ 86,494 $ 8,780 4 Council on Aging $ 26,100 $ 26,100 3 Developmental Disabilities $ 61,314 $ -0- 4 Council on Maternal and Infant Health $ 99,007 $ 99,007 4 Appalachian Health and Child Development $ 333,965 $ 149,094 8 Appalachian-Federal Projects $ 28,905 $ -0- 3 Undistributed $ -0- $ -0- 0 Total $ 3,757,610 $ 1,555,116 197

Page 74

3. Physical Health - Program Direction and Support Budget: $ Personal Services $ 1,510,957 Regular Operating Expenses $ 282,125 Travel $ 63,223 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 65,577 Equipment Purchases $ 42,821 Computer Charges $ -0- Real Estate Rentals $ 11,200 Per Diem, Fees and Contracts $ 24,360 Total Funds Budgeted $ 2,000,263 Indirect DOAS Services Funding $ 120,000 Agency Funds $ 329,932 State Funds Budgeted $ 1,550,331 Total Positions Budgeted 107 Passenger Carrying Motor Vehicles 1

Page 75

Physical Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 390,607 $ 270,607 7 Employee's Health $ 208,618 $ 126,918 10 Office of Professional Services $ 413,094 $ 242,943 20 Health Program Management $ 157,657 $ 147,904 10 Vital Records $ 639,772 $ 639,772 48 Health Services Research $ 190,515 $ 122,187 12 Undistributed $ -0- $ -0- 0 Total $ 2,000,263 $ 1,550,331 107 4. Physical Health - Family Health Budget: Personal Services $ 3,218,451 Regular Operating Expenses $ 1,104,625 Travel $ 108,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,200 Equipment Purchases $ 14,600 Computer Charges $ 140,000 Real Estate Rentals $ 250,855 Per Diem, Fees and Contracts $ 5,243,361 Regional Grants for Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,215,000 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 1,272,290 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 Contract with Emory University for Arthritis Research $ 70,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 15,808,712 Indirect DOAS Service Funding $ 25,000 Agency Funds $ 9,525,407 State Funds Budgeted $ 6,258,305 Total Positions Budgeted 225 Passenger Carrying Motor Vehicles 8

Page 76

Physical Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 4,824,901 $ 39,262 10 Crippled Children Unit $ 5,354,459 $ 2,535,959 118 Maternal Health $ 350,096 $ 276,111 7 Infant and Child Health $ 668,941 $ 576,821 17 Chronic Disease $ 2,939,269 $ 2,550,292 41 Malnutrition $ 491,540 $ -0- 6 Family Planning $ 903,288 $ 89,667 17 Dental Health $ 276,218 $ 190,193 9 Undistributed $ -0- $ -0- 0 Total $ 15,808,712 $ 6,258,305 225

Page 77

5. Physical Health - Community Health Budget: Personal Services $ 3,904,412 Regular Operating Expenses $ 1,118,361 Travel $ 110,990 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 39,062 Equipment Purchases $ 73,845 Computer Charges $ 18,540 Real Estate Rentals $ 41,259 Per Diem, Fees and Contracts $ 747,610 Facilities Construction Grants $ 8,975,000 Total Funds Budgeted $ 15,039,079 Indirect DOAS Services Funding $ -0- Agency Funds $ 4,703,985 State Funds Budgeted $ 10,335,094 Total Positions Budgeted 261 Passenger Carrying Motor Vehicles 6 Physical Health - Community Health Functional Budgets Total Funds State Funds Pos. Community Health Management $ 120,764 $ 120,764 4 Environmental Health-Director's Office $ 171,289 $ 171,289 7 General Sanitation $ 146,717 $ 146,717 7 Institutional Health $ 112,405 $ 112,405 6 Radiological Health $ 286,634 $ 286,634 13 Occupational Health $ 93,792 $ 93,792 6 Land Use $ 149,296 $ 149,296 8 Epidemiology $ 588,351 $ 588,351 6 Immunization $ 57,850 $ -0- 3 Venereal Disease $ 156,325 $ 156,325 7 Tuberculosis Control $ 807,368 $ 630,368 29 Laboratory Services $ 2,190,477 $ 2,024,937 141 Plans and Construction $ 9,124,395 $ 5,166,844 8 Emergency Health $ 1,033,416 $ 687,372 16 Undistributed $ -0- $ -0- 0 Total $ 15,039,079 $ 10,335,094 261

Page 78

6. Physical Health - Local Services Budget: Personal Services $ 7,821,963 Regular Operating Expenses $ 558,195 Travel $ 454,068 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ 73,125 Computer Charges $ -0- Real Estate Rentals $ 76,492 Per Diem, Fees and Contracts $ 3,131,046 Family Planning Benefits $ 35,000 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 $ 21,315,061 Total Funds Budgeted $ 36,532,424 Indirect DOAS Services Funding $ 58,200 Agency Funds $ 17,681,755 State Funds Budgeted $ 18,792,469 Total Positions Budgeted 553

Page 79

Physical Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 5,145,983 $ 4,926,318 244 Grant-In-Aid to Counties $ 11,769,897 $ 8,850,897 0 Stroke and Heart Attack Prevention $ 775,600 $ 585,093 26 Family Planning $ 4,153,211 $ 361,863 186 Sickle Cell, Vision and Hearing $ 245,759 $ 245,759 16 Sexually Transmitted Diseases $ 393,857 $ 60,700 15 High Risk Pregnant Women and Their Infants $ 3,030,527 $ 3,002,465 19 Newborn Follow-Up Care $ 190,944 $ 190,944 13 District Dental $ 573,104 $ 568,430 18 Comprehensive Maternal and Infant Care Project $ 228,500 $ -0- 9 Mental Retardation Projects $ 209,110 $ -0- 0 Malnutrition $ 9,815,932 $ -0- 7 Undistributed $ -0- $ -0- 0 Total $ 36,532,424 $ 18,792,469 553 7. Mental Health - Program Direction and Support Budget: Personal Services $ 1,482,712 Regular Operating Expenses $ 99,289 Travel $ 60,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,450 Equipment Purchases $ 2,850 Computer Charges $ 631,000 Real Estate Rentals $ 30,835 Per Diem, Fees and Contracts $ 429,211 Total Funds Budgeted $ 2,746,747 Indirect DOAS Services Funding $ 323,000 Agency Funds $ 491,510 State Funds Budgeted $ 1,932,237 Total Positions Budgeted 108

Page 80

Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration and Support $ 2,332,561 $ 1,932,237 107 Developmental Disabilities Services $ 414,186 $ -0- 1 Undistributed $ -0- $ -0- 0 Total $ 2,746,747 $ 1,932,237 108 8. Drug and Alcohol Services Budget: Personal Services $ 1,327,567 Regular Operating Expenses $ 153,838 Travel $ 30,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 114,340 Per Diem, Fees and Contracts $ 2,618,716 Total Funds Budgeted $ 4,247,861 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,105,024 State Funds Budgeted $ 1,142,837 Total Positions Budgeted 99

Page 81

Drug and Alcohol Services Functional Budgets Total Funds State Funds Pos. Alcohol and Drug Administration $ 186,438 $ 111,438 11 Treatment Support $ 606,973 $ 280,973 26 Pharmacy $ 97,886 $ 42,886 5 Federal Travel $ 12,000 $ -0- 0 Central Intake $ 182,489 $ 65,171 10 Synthesis West Treatment Center $ 220,295 $ 62,753 15 Tenth Street Treatment Center $ 212,372 $ 61,760 13 Odyssey $ 63,000 $ -0- 4 Little Five Points Treatment Center $ 220,762 $ 65,556 15 Statewide Services Control $ 1,703,835 $ 321,439 0 Title XX Contracts $ 741,811 $ 130,861 0 Undistributed $ -0- $ -0- 0 Total $ 4,247,861 $ 1,142,837 99 9. Mental Health - Local Services Budget: Personal Services $ 696,112 Regular Operating Expenses $ 12,400 Travel $ 22,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 182,022 Benefits for Supportive Living $ 1,310,000 Community Residential Services Program $ 498,000 Contracts with Day Care Centers for the Mentally Retarded $ 28,470,197 Grants for Alcoholism Community Treatment Programs $ 2,585,645 Grants for Drug Abuse Community Treatment Programs $ 578,097 Grants for Child Mental Health $ 1,234,164 Grants for Adult Mental Health $ 4,771,841 Foster Grandparent Program $ 137,000 Reserve for Mental Retardation Day Training Centers, Adult Day Care, Child Day Centers, and Title XX Aging Contracts $ 325,000 Group Homes for the Mentally Retarded $ 1,850,248 Total Funds Budgeted $ 42,673,026 Agency Funds $ 16,894,590 State Funds Budgeted $ 25,778,436 Total Positions Budgeted 67

Page 82

Mental Health - Local Services Functional Budgets Total Funds State Funds Pos. Supportive Living $ 1,562,972 $ 1,377,872 21 Community Residential Services $ 975,940 $ 975,940 46 Adult Mental Health Grants $ 4,771,841 $ 4,509,841 0 Child Mental Health Grants $ 1,234,164 $ 1,234,164 0 Group Homes for the Mentally Retarded $ 1,850,248 $ 1,850,248 0 Foster Grandparent $ 137,000 $ 137,000 0 Alcoholism Community Treatment Grants $ 2,585,645 $ 1,535,645 0 Day Care Centers for the Mentally Retarded $ 28,795,197 $ 13,776,707 0 Community Drug Abuse Grants $ 578,097 $ 328,097 0 Project Rescue $ 181,922 $ 52,922 0 Undistributed $ -0- $ -0- 0 Total $ 42,673,026 $ 25,778,436 67

Page 83

10. Title XX Administration: Personal Services $ 1,976,919 Regular Operating Expenses $ 184,303 Travel $ 112,365 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 4,500 Computer Charges $ 450,000 Real Estate Rentals $ 120,800 Per Diem, Fees and Contracts $ 22,100,147 Total Funds Budgeted $ 25,004,034 Agency Funds $ 23,253,279 Indirect DOAS Services Funding $ 200,000 State Funds Budgeted $ 1,550,755 Total Positions Budgeted 131

Page 84

Title XX Administration Functional Budgets Total Funds State Funds Pos. Administration $ 1,487,731 $ 45,755 48 Contract Management $ 1,577,870 $ -0- 83 Day Care $ 16,875,522 $ 1,454,468 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 $ 25,004,034 $ 1,550,755 131 11. Purchase of Social Services: 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 $ 290,000 W.I.N. Benefits $ 900,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 7,759,500 Chatham County Homemaker Project $ 334,895 Fulton County Homemaker Project $ 170,760 Total Funds Budgeted $ 9,585,155 Agency Funds $ 5,760,065 State Funds Budgeted $ 3,825,090 Total Positions Budgeted 0

Page 85

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 $ 936,058 0 AFDC-Institutional Foster Care $ 681,000 $ 226,532 0 Specialized Institutional Foster Care $ 440,000 $ 440,000 0 Specialized Foster Care $ 120,000 $ 97,500 0 Child Welfare-Family Foster Care $ 2,700,000 $ 1,215,000 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 $ 275,000 $ 275,000 0 Return of Runaways-County $ 5,000 $ 1,250 0 Undistributed $ -0- $ -0- 0 Total $ 9,585,155 $ 3,825,090 0

Page 86

12. Community Youth Services: Personal Services $ 4,587,698 Regular Operating Expenses $ 436,636 Travel $ 238,000 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 $ 5,511,734 Indirect DOAS Services Funding $ 82,600 Agency Funds $ 2,107,370 State Funds Budgeted $ 3,321,764 Total Positions Budgeted 400 Passenger Carrying Motor Vehicles 21

Page 87

Community Youth Services Functional Budgets Total Funds State Funds Pos. Court Services $ 2,917,149 $ 1,407,197 218 Community Treatment Centers $ 937,799 $ 677,612 73 Youth Services Administration $ 466,323 $ 319,108 23 Day Centers $ 371,990 $ 192,744 28 Group Homes $ 584,209 $ 584,209 46 Attention Homes $ 95,550 $ 95,550 2 Runaway Apprehension Unit $ 138,714 $ 45,344 10 Undistributed $ -0- $ -0- 0 Total $ 5,511,734 $ 3,321,764 400 13. Services to the Aged Budget: Personal Services $ 407,640 Regular Operating Expenses $ 24,003 Travel $ 13,900 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 Grant to Middle Flynt Council on Aging $ 5,000 Areawide and Community Grants $ 1,940,961 Nutrition Grants $ 2,980,927 Total Funds Budgeted $ 5,509,990 Indirect DOAS Services Funding $ 11,240 Agency Funds $ 5,012,666 State Funds Budgeted $ 486,084 Total Positions Budgeted 26

Page 88

Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 588,102 $ 222,084 26 Nutrition Grants $ 2,980,927 $ 264,000 0 Areawide Grants $ 1,940,961 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 5,509,990 $ 486,084 26 14. Vocational Rehabilitation Program Direction and Support Budget: Personal Services $ 668,038 Regular Operating Expenses $ 77,200 Travel $ 27,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 14,352 Computer Charges $ 275,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 79,500 Case Services $ 61,000 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 1,393,990 Indirect DOAS Services Funding $ 150,000 Agency Funds $ 993,804 State Funds Budgeted $ 250,186 Total Positions Budgeted 42

Page 89

Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,186,490 $ 65,186 41 Federal Funds Coordinator $ 22,500 $ -0- 1 Nephrology $ 185,000 $ 185,000 0 Undistributed $ -0- $ -0- 0 Total $ 1,393,990 $ 250,186 42 15. Vocational Rehabilitation - Facilities Budget: Personal Services $ 4,316,479 Regular Operating Expenses $ 734,179 Travel $ 73,353 Motor Vehicle Equipment Purchases $ 20,650 Publications and Printing $ 3,000 Equipment Purchases $ 78,622 Computer Charges $ -0- Real Estate Rentals $ 88,000 Per Diem, Fees and Contracts $ 700,551 Capital Outlay $ 900,000 Case Services $ 186,617 Total Funds Budgeted $ 7,101,451 Indirect DOAS Services Funding $ 82,650 Agency Funds $ 4,651,750 State Funds Budgeted $ 2,367,051 Total Positions Budgeted 331 Passenger Carrying Motor Vehicles 19

Page 90

Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 600,931 $ 169,943 15 Georgia Rehabilitation Center $ 2,214,431 $ 452,531 109 Atlanta Rehabilitation Center $ 1,116,964 $ 281,164 64 Alto Rehabilitation Center $ 523,800 $ 104,760 34 Cave Spring Rehabilitation Center $ 209,237 $ 58,917 16 Yarbrough Rehabilitation Center $ 1,043,872 $ 264,192 65 Gracewood Rehabilitation Center $ 250,500 $ 17,000 19 Gracewood Residence $ 58,000 $ 1,000 4 Epilepsy Program $ 119,444 $ 53,272 0 Facilities Construction $ 900,000 $ 900,000 0 Mentally Retarded Offender Program $ 64,272 $ 64,272 5 Undistributed $ -0- $ -0- 0 Total $ 7,101,451 $ 2,367,051 331

Page 91

16. Georgia Warm Springs Hospital Budget: Personal Services $ 3,634,093 Regular Operating Expenses $ 1,166,350 Travel $ 15,700 Motor Vehicle Equipment Purchases $ 10,500 Publications and Printing $ 2,600 Equipment Purchases $ 14,450 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 266,400 Case Services $ 16,800 Capital Outlay $ 4,600,000 Total Funds Budgeted $ 9,726,893 Agency Funds $ 7,726,893 State Funds Budgeted $ 2,000,000 Total Positions Budgeted 344 Passenger Carrying Motor Vehicles 12 17. Georgia Factory for the Blind Budget: Personal Services $ 1,111,902 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 $ 3,543,102 Agency Funds $ 3,281,700 State Funds Budgeted $ 261,402 Total Positions Budgeted 24 Passenger Carrying Motor Vehicles 8

Page 0092

Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 3,218,100 $ -0- 0 Supervision $ 245,502 $ 245,502 19 Facility Improvement Grant $ 30,000 $ 6,000 1 Vocational Rehabilitation Unit $ 49,500 $ 9,900 4 Undistributed $ -0- $ -0- 0 Total $ 3,543,102 $ 261,402 24 18. Vocational Rehabilitation - Services Budget: Personal Services $ 9,668,345 Regular Operating Expenses $ 828,884 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 $ 15,577,295 Total Funds Budgeted $ 27,195,024 Indirect DOAS Services Funding $ 234,450 Agency Funds $ 20,942,790 State Funds Budgeted $ 6,017,784 Total Positions Budgeted 727 Passenger Carrying Motor Vehicles 4 19. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services $ 3,739,690 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 $ 7,978,357 Agency Funds $ 7,978,357 State Funds Budgeted $ -0- Total Positions Budgeted 312 20. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 60,375 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 $ 250,000 AFDC Benefits $ 106,199,557 Total Funds Budgeted $ 106,509,932 Agency Funds $ 70,642,656 State Funds Budgeted $ 35,867,276 Total Positions Budgeted 0

Page 0094

Public Assistance Functional Budgets Total Funds State Funds Pos. AFDC Payments $ 106,259,932 $ 35,617,276 0 SSI-Supplement Benefits $ 250,000 $ 250,000 0 Undistributed $ -0- $ -0- 0 Total $ 106,509,932 $ 35,867,276 0 21. 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- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Local Services Benefits Payments Grants $ 32,717,588 Grants to Counties for Social Services $ 25,613,856 Total Funds Budgeted $ 58,331,444 Agency Funds $ 35,327,404 State Funds Budgeted $ 23,004,040 Total Positions Budgeted 0

Page 0095

Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 32,717,588 $ 15,667,184 0 Grants to Counties for Social Services $ 25,613,856 $ 7,336,856 0 Undistributed $ -0- $ -0- 0 Total $ 58,331,444 $ 23,004,040 0 22. Family and Children Services - Program Direction and Support Budget: Personal Services $ 5,393,106 Regular Operating Expenses $ 1,086,666 Travel $ 338,042 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 32,774 Computer Charges $ 600,000 Real Estate Rentals $ 163,889 Per Diem, Fees and Contracts $ 760,074 Total Funds Budgeted $ 8,382,551 Agency Funds $ 5,006,466 Indirect DOAS Services Funding $ 410,000 State Funds Budgeted $ 2,966,085 Total Positions Budgeted 364 Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 353,636 $ 116,629 12 Standards and Procedures $ 350,691 $ 123,535 10 Training $ 434,098 $ 156,841 14 Management Development $ 1,637,485 $ 797,925 91 Administrative Support $ 1,450,157 $ 355,985 17 Food Stamp $ 775,677 $ 208,813 24 District Administration $ 1,888,854 $ 728,167 111 Special Services $ 1,043,537 $ 286,948 54 Eligibility Determination $ 448,416 $ 191,242 31 Undistributed $ -0- $ -0- 0 Total $ 8,382,551 $ 2,966,085 364

Page 0096

Budget Unit Object Classes: Personal Services $ 67,301,335 Regular Operating Expenses $ 11,964,101 Travel $ 2,597,606 Motor Vehicle Equipment Purchases $ 86,150 Publications and Printing $ 313,627 Equipment Purchases $ 528,173 Computer Charges $ 3,272,749 Real Estate Rentals $ 2,494,199 Per Diem, Fees and Contracts $ 38,217,473 Capital Outlay $ 5,810,000 Grants for Regional Prenatal and Postnatal Care Programs $ 150,000 Crippled Children Benefits $ 3,215,000 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 1,272,290 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 2,878,864 Family Planning Benefits $ 261,530 Benefits for Midwifery Program $ 175,000 Facilities Construction Grants $ 8,975,000 Grants for DeKalb County Mental Retardation Project $ 106,646 Grants for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 21,315,061 Benefits for Supportive Living $ 1,310,000 Community Residential Services Program $ 498,000 Contracts with Day Care Centers for the Mentally Retarded $ 28,470,197 Grants for Alcoholism Community Treatment Programs $ 2,585,645 Grants for Child Mental Health $ 1,234,164 Grants for Adult Mental Health $ 4,771,841 Foster Grandparent Program $ 137,000 Group Homes for the Mentally Retarded $ 1,850,248 Work Incentive Benefits $ 900,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 7,769,500 Chatham County Homemaker Project $ 334,895 Fulton County Homemaker Project $ 170,760 Areawide and Community Grants $ 1,940,961 Nutrition Grants $ 2,980,927 Grants for Nephrology Centers $ 185,000 Case Services $ 18,997,197 SSI-Supplement Benefits $ 250,000 AFDC Benefits $ 106,199,557 Reserve for Mental Retardation Day Training Centers, Adult Day Care, Child Day Centers and Title XX Aging Contracts $ 325,000 Local Services Benefits Payments Grants $ 32,717,588 Grants for Drug Abuse Community Treatment Programs $ 578,097 Grants to Counties for Social Services $ 25,613,856 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Institutional Repairs and Maintenance $ 865,625 Contract with Emory University for Arthritis Research $ 70,000 Grant to Middle Flynt Council on Aging $ 5,000 Total Positions Budgeted 4,952

Page 98

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 $125,000 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 $35,617,276 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1978, the following maximum benefits and maximum standards of need shall apply:

Page 99

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 11 390 242 Provided, further, it is the intent of this General Assembly that the Department of Human Resources be authorized to calculate all monthly benefit payments utilizing the percentages and needs standards adopted by the General Assembly for Fiscal Year 1979 effective April 1, 1978. 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 Capital Outlay, $310,000 is provided to renovate and/or relocate regional laboratory facilities and offices. Provided, that of the above appropriation, $181,922 in total funds and $52,922 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.

Page 100

Provided, that of the appropriation for Grants for Adult Mental Health, $40,000 is designated and committed for Emanuel County Catchment Area. Provided that of the above appropriation relative to Operations, $5,000,000 is designated, committed and authorized for payments to the Macon-Bibb County Hospital Authority, under a four-year contract between such Authority and the Georgia Department of Human Resources for the training of health personnel in a program of family practice. Provided further that no payments shall be made until the City of Macon issues bonds in an amount of at least seven million dollars in support of such program of family practice. Provided, that of the above appropriation relating to Institutional Repairs and Maintenance Projects, $865,625 is designated and committed for repairs and maintenance, renovation projects at the Regional Youth Development Centers ($62,675), State Youth Development Centers ($77,250), and the Mental Health institutions ($725,700). Provided, however, it is the intent of this General Assembly that the rate paid to Dentist for services rendered in the District Dental Clinics shall not exceed twenty-five dollars ($25.00) per hour. Provided, of the above appropriation $36,000 is designated and committed for equipment, moving expenses and telephone installation at the Griffin Comprehensive Mental Health Center. Provided, that of the above appropriation relating to the Family Health Activity - Physical Health, $102,000 is designated and committed to the Medical Genetics Screening Program. Provided, that of the above appropriation relative to Contracts with Day Centers for the Mentally Retarded, $700,000 is designated and committed for the purchase of 100 mini-buses for replacement of existing vehicles.

Page 101

Provided, that of the above appropriation relative to Contracts with Day Centers for the Mentally Retarded, $112,000 is designated and committed to purchase eight trucks for the sheltered workshops. Provided, that of the above appropriation relative to Per Diem, Fees, and Contracts, $16,330 is designated and committed for the insulation of sheltered workshops in Waycross ($2,500) and Griffin ($13,830). Provided, that of the above appropriation relative to Per Diem, Fees, and Contracts $40,000 is designated and committed for the purchase of equipment for the Kelly Workshop at Athens. Provided, that of the above appropriation relative to Capital Outlay, $900,000 is designated and committed for the construction of sheltered workshop in Gwinnett and Dougherty counties. B. Budget Unit: Mental Health and Youth Development Institutions $ 138,324,931 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 5,047,197 Regular Operating Expenses $ 884,406 Travel $ 6,250 Motor Vehicle Equipment Purchases $ 3,400 Publications and Printing $ 600 Equipment Purchases $ 27,385 Computer Charges $ 70,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 184,400 Authority Lease Rentals $ 387,000 Total Funds Budgeted $ 6,610,638 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 5,911,288 Total Positions Budgeted 481 Passenger Carrying Motor Vehicles 14 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 6,315,981 Regular Operating Expenses $ 1,191,845 Travel $ 12,000 Interstate Compact Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,800 Equipment Purchases $ 24,425 Computer Charges $ 82,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 101,450 Capital Outlay $ 17,500 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 8,264,001 Indirect DOAS Services Funding $ 82,000 State Funds Budgeted $ 7,536,625 Total Positions Budgeted 592 Passenger Carrying Motor Vehicles 19 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 5,282,945 Regular Operating Expenses $ 798,975 Travel $ 7,800 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 Capital Outlay $ 17,500 Total Funds Budgeted $ 6,776,925 Indirect DOAS Services Funding $ 69,000 State Funds Budgeted $ 6,006,733 Total Positions Budgeted 519 Passenger Carrying Motor Vehicles 18 4. West Central Georgia Regional Hospital Budget: Personal Services $ 5,025,332 Regular Operating Expenses $ 836,177 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 750 Equipment Purchases $ 4,359 Computer Charges $ 65,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 28,842 Authority Lease Rentals $ 646,500 Total Funds Budgeted $ 6,615,960 Indirect DOAS Services Funding $ 65,000 State Funds Budgeted $ 6,198,530 Total Positions Budgeted 494 Passenger Carrying Motor Vehicles 23 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 6,477,843 Regular Operating Expenses $ 1,316,860 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 $ 8,823,613 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 7,819,284 Total Positions Budgeted 648 Passenger Carrying Motor Vehicles 29 6. Gracewood State School and Hospital Budget: Personal Services $ 16,547,006 Regular Operating Expenses $ 2,770,626 Travel $ 9,750 Motor Vehicle Equipment Purchases $ 4,600 Publications and Printing $ 750 Equipment Purchases $ 97,413 Computer Charges $ 71,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 151,983 Capital Outlay $ 2,350,000 Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 22,120,128 Indirect DOAS Services Funding $ 171,000 State Funds Budgeted $ 13,270,405 Total Positions Budgeted 1,597 Passenger Carrying Motor Vehicles 89 7. Southwestern State Hospital Budget: Personal Services $ 8,732,907 Regular Operating Expenses $ 1,473,220 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 13,100 Publications and Printing $ 1,300 Equipment Purchases $ 75,416 Computer Charges $ 70,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 67,502 Capital Outlay $ 500,000 Total Funds Budgeted $ 10,945,445 Indirect DOAS Services Funding $ 70,000 State Funds Budgeted $ 9,751,263 Total Positions Budgeted 831 Passenger Carrying Motor Vehicles 45 8. Georgia Retardation Center Budget: Personal Services $ 10,677,776 Regular Operating Expenses $ 2,681,858 Travel $ 12,607 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ 40,582 Computer Charges $ 102,100 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 257,864 Capital Outlay $ -0- Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 14,568,887 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 9,231,006 Total Positions Budgeted 1,020 Passenger Carrying Motor Vehicles 54 9. Georgia Mental Health Institute Budget: Personal Services $ 6,184,280 Regular Operating Expenses $ 1,647,390 Travel $ 14,550 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 750 Equipment Purchases $ 10,615 Computer Charges $ 60,810 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 456,270 Authority Lease Rentals $ 450,000 Total Funds Budgeted $ 8,832,665 Indirect DOAS Services Funding $ 160,810 State Funds Budgeted $ 8,138,009 Total Positions Budgeted 514 Passenger Carrying Motor Vehicles 20 10. Central State Hospital Budget: Personal Services $ 47,355,551 Regular Operating Expenses $ 9,144,248 Travel $ 20,400 Motor Vehicle Equipment Purchases $ 52,400 Publications and Printing $ 15,350 Equipment Purchases $ 279,071 Computer Charges $ 360,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 160,197 Capital Outlay $ -0- Authority Lease Rentals $ 1,284,000 Outpatient and Aftercare Drug Purchases $ 760,590 Total Funds Budgeted $ 59,431,807 Indirect DOAS Services Funding $ 660,000 State Funds Budgeted $ 46,748,418 Total Positions Budgeted 4,612 Passenger Carrying Motor Vehicles 153 11. State Youth Development Centers Budget: Personal Services $ 6,627,815 Regular Operating Expenses $ 1,552,020 Travel $ 6,650 Motor Vehicle Equipment Purchases $ 21,000 Publications and Printing $ 425 Equipment Purchases $ 59,675 Computer Charges $ 8,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 38,200 Capital Outlay $ 435,000 Total Funds Budgeted $ 8,748,785 State Funds Budgeted $ 8,466,433 Total Positions Budgeted 627 Passenger Carrying Motor Vehicles 93 12. Regional Youth Development Centers Budget: Personal Services $ 2,790,603 Regular Operating Expenses $ 720,567 Travel $ 7,560 Motor Vehicle Equipment Purchases $ 26,500 Publications and Printing $ 580 Equipment Purchases $ 126,375 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 46,175 Capital Outlay $ 36,000 Grants to County-Owned Detention Centers $ 250,000 Reserve for Griffin RYDC $ -0- Total Funds Budgeted $ 4,004,360 State Funds Budgeted $ 3,860,125 Total Positions Budgeted 300 Passenger Carrying Motor Vehicles 28 13. Community Assistance Budget: Personal Services $ 4,392,688 Regular Operating Expenses $ 83,560 Travel $ 17,100 Motor Vehicle Equipment Purchases $ 9,300 Publications and Printing $ -0- Equipment Purchases $ 18,636 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 62,680 Total Funds Budgeted $ 4,583,964 State Funds Budgeted $ 4,525,812 Total Positions Budgeted 327 14. Regular Operating Expense Reserve Budget: Regular Operating Expenses Reserve $ 859,000 Total Funds Budgeted $ 859,000 State Funds Budgeted $ 859,000 Total Positions Budgeted 0 15. Personal Services Reserve Budget: Personal Services Reserve $ 2,000 Total Funds Budgeted $ 2,000 State Funds Budgeted $ 2,000 Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 131,457,924 Regular Operating Expenses $ 25,101,752 Travel $ 143,492 Interstate Compact Travel $ 2,000 Motor Vehicle Equipment Purchases $ 167,600 Publications and Printing $ 27,405 Equipment Purchases $ 799,692 Computer Charges $ 1,032,910 Real Estate Rentals $ 4,200 Per Diem, Fees and Contracts $ 1,678,613 Capital Outlay $ 3,356,000 Personal Services Reserve $ 2,000 Regular Operating Expenses Reserve $ 859,000 Grants to County-Owned Detention Centers $ 250,000 Authority Lease Rentals $ 5,545,000 Outpatient and Aftercare Drug Purchases $ 760,590 Total Positions Budgeted 12,562 Passenger Carrying Motor Vehicles 585

Page 108

Provided, that of the above appropriation relating to Capital Outlay, $500,000 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 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, $36,000 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. Provided, that of the above appropriation relating to Capital Outlay, $225,000 is designated and committed for Security fencing, lights, and roads at Milledgeville Youth Development Center. Provided, that of the above appropriation relating to Capital Outlay, $35,000 is designated and committed for the planning and design to meet Fire Marshal Standards at Atlanta Regional Hospital ($17,500) and Savannah Regional Hospital ($17,500). Provided, that of the above appropriation relating to Capital Outlay, $2,350,000 is designated and committed to supplement existing funding for the renovation and equipping of the Infirmary and Cottages at Gracewood State School and Hospital to meet ICF/MR standards. Provided, that of the above appropriation related to Equipment Purchases $79,600 is designated and committed for the new Regional Youth Development Centers at Macon and Columbus.

Page 109

Provided, that of the above appropriation, $41,100 is designated and committed for Equipment Purchases and Motor Vehicle Equipment Purchases for the Griffin Regional Youth Development Center. Section 28. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $ 21,784,333 1. Industry Budget: Personal Services $ 367,623 Regular Operating Expenses $ 12,500 Travel $ 45,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 8,240 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 438,363 State Funds Budgeted $ 438,363 Total Positions Budgeted 21 2. Research Budget: Personal Services $ 232,884 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 $ 309,102 State Funds Budgeted $ 309,102 Total Positions Budgeted 16 3. Tourism Budget: Personal Services $ 962,600 Regular Operating Expenses $ 536,704 Travel $ 56,207 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 103,063 Computer Charges $ 12,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 52,000 Local Welcome Center Contracts $ 75,230 Capital Outlay $ 135,000 Historic Chattahoochee Commission Contract $ 35,000 Total Funds Budgeted $ 1,968,204 State Funds Budgeted $ 1,958,204 Total Positions Budgeted 90 4. Internal Administration Budget: Personal Services $ 411,014 Regular Operating Expenses $ 431,760 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 29,650 Publications and Printing $ 36,900 Equipment Purchases $ 26,250 Computer Charges $ 7,500 Real Estate Rentals $ 135,921 Per Diem, Fees and Contracts $ 16,000 Direct Payments for World Congress Center Operations $ 500,000 Georgia Ports Authority - Authority Lease Rentals $ 2,790,000 Georgia Ports Authority - General Obligation Bond Payments $ 500,000 Georgia Ports Authority - Capital Outlay $ 11,148,720 World Congress Center - Capital Outlay $ 2,375,000 Total Funds Budgeted $ 18,422,715 State Funds Budgeted $ 17,132,715 Total Positions Budgeted 24 5. International Budget: Personal Services $ 170,104 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 $ 143,100 Total Funds Budgeted $ 467,949 State Funds Budgeted $ 462,949 Total Positions Budgeted 9 6. Advertising Budget: Advertising $ 1,483,000 Total Funds Budgeted $ 1,483,000 State Funds Budgeted $ 1,483,000 Total Positions Budgeted 0 Budget Unit Object Classes : Personal Services $ 2,144,225 Regular Operating Expenses $ 1,103,449 Travel $ 163,167 Motor Vehicle Equipment Purchases $ 29,650 Publications and Printing $ 43,850 Equipment Purchases $ 145,653 Computer Charges $ 42,418 Real Estate Rentals $ 159,871 Per Diem, Fees and Contracts $ 215,100 Capital Outlay $ 135,000 Local Welcome Center Contracts $ 75,230 Advertising $ 1,483,000 Georgia Ports Authority - Authority Lease Rentals $ 2,790,000 Georgia Ports Authority - General Obligation Bond Payments $ 500,000 Direct Payments for World Congress Center Operations $ 500,000 Historic Chattahoochee Commission Contract $ 35,000 Georgia Ports Authority - Capital Outlay $ 11,148,720 World Congress Center - Capital Outlay $ 2,375,000 Total Positions Budgeted 160 Passenger Carrying Motor Vehicles 10 For general administrative cost of operating the Department of Industry and Trade, including advertising expense and Grants for Area Planning and Development Commissions. Provided, however, that of the above appropriation, $100,000 is designated and committed for the completion of Phase I of a Visitors Center at Plains, Georgia. Provided, however, that funds appropriated in this Act for the Regional Advertising for Tourism Program, shall be applied in a fashion as to insure equitable advertising coverage for all authorities being promoted by this program. B. Budget Unit: Authorities $ -0- 1. Georgia World Congress Budget: Personal Services $ 1,566,190 Regular Operating Expenses $ 728,380 Travel $ 12,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,500 Equipment Purchases $ 67,000 Computer Charges $ 720 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 96,100 Capital Outlay $ 2,375,000 Total Funds Budgeted $ 4,856,490 State Funds Budgeted $ -0- Total Positions Budgeted 106 2. Georgia Ports Authority Budget: Personal Services $ 12,490,000 Regular Operating Expenses and Computer Charges $ 5,260,000 Travel $ 244,000 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 15,626,053 Publications and Printing $ 74,000 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,290,000 Per Diem, Fees and Contracts $ 165,000 Other Debt-Service Payments $ 665,578 Total Funds Budgeted $ 35,814,631 State Funds Budgeted $ -0- Total Positions Budgeted 721 Budget Unit Object Classes: Personal Services $ 14,056,190 Regular Operating Expenses $ 728,380 Travel $ 256,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 84,500 Equipment Purchases $ 67,000 Computer Charges $ 720 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 261,100 Capital Outlay $ 2,375,000 Regular Operating Expenses, Computer Charges $ 5,260,000 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 15,626,053 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,290,000 Other Debt-Service Payments $ 665,578 Total Positions Budgeted 827 Passenger Carrying Motor Vehicles 36

Page 113

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds. It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in this appropriations bill,

Page 114

such repayments to begin no later than Fiscal 1980. It is the intent of this General Assembly that the Georgia Ports Authority repay, by direct remittance to the State Treasury during the next thirty years, the full amount of direct payments by the State of Georgia for Capital Outlay authorized in this appropriations bill, such repayments to begin no later than Fiscal 1981. Section 29. Department of Labor. A. Budget Unit: Inspection Division $ 520,106 Inspection Division Budget: Personal Services $ 424,363 Regular Operating Expenses $ 15,643 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ 7,600 Per Diem, Fees and Contracts $ 800 Total Funds Budgeted $ 520,106 State Funds Budgeted $ 520,106 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 424,363 Regular Operating Expenses $ 15,643 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ 7,600 Per Diem, Fees and Contracts $ 800 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund $ 3,524,184 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 24,684,720 Regular Operating Expenses $ 4,042,382 Travel $ 605,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 115,000 Computer Charges $ 276 Real Estate Rentals $ 577,598 Per Diem, Fees and Contracts $ 3,401,000 W.I.N. Grants $ 1,000,000 Total Funds Budgeted $ 34,446,976 State Funds Budgeted $ 1,213,236 Total Positions Budgeted 1,534 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 4,678,240 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 $ 52,287,572 State Funds Budgeted $ -0- Total Positions Budgeted 356 3. Correctional Services Budget: Personal Services $ 815,013 Regular Operating Expenses $ 26,711 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ 189 Real Estate Rentals $ 7,035 Per Diem, Fees and Contracts $ 22,000 Total Funds Budgeted $ 890,948 State Funds Budgeted $ 890,948 Total Positions Budgeted 53 4. Unemployment Compensation Reserve Fund Budget: Unemployment Compensation Reserve Fund $ 1,420,000 Total Funds Budgeted $ 1,420,000 State Funds Budgeted $ 1,420,000 Budget Unit Object Classes: Personal Services $ 30,177,973 Regular Operating Expenses $ 6,098,913 Travel $ 975,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 155,000 Computer Charges $ 465 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 $ 1,420,000 CETA Direct Benefits $ 43,000,000 Total Positions Budgeted 1,943 Passenger Carrying Motor Vehicles 0

Page 116

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 30. Department of Law. Budget Unit: Department of Law $ 2,573,076 Attorney General's Office Budget: Personal Services $ 2,263,336 Regular Operating Expenses $ 206,511 Travel $ 70,100 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 30,000 Equipment Purchases $ 11,190 Computer Charges $ 250 Books for State Library $ 37,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 37,400 Capital Outlay $ 70,000 Total Funds Budgeted $ 2,732,787 State Funds Budgeted $ 2,573,076 Total Positions Budgeted 99 Budget Unit Object Classes: Personal Services $ 2,263,336 Regular Operating Expenses $ 206,511 Travel $ 70,100 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 30,000 Equipment Purchases $ 11,190 Computer Charges $ 250 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 37,400 Books for State Library $ 37,000 Capital Outlay $ 70,000 Total Positions Budgeted 99 Passenger Carrying Motor Vehicles 1

Page 117

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.

Page 118

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees. Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services $ 118,463,422 Medicaid Services Budget: Personal Services $ 3,041,798 Regular Operating Expenses $ 995,080 Travel $ 50,201 Motor Vehicle Equipment Purchases $ 3,800 Publications and Printing $ 60,000 Equipment Purchases $ 89,614 Computer Charges $ 6,774,800 Real Estate Rentals $ 201,385 Per Diem, Fees and Contracts $ 507,417 Medicaid Benefits $ 360,220,072 Payments to Counties for Mental Health $ 2,507,000 Contracts for Hospital Audits $ 160,000 Contracts for Nursing Home and Dental Audits $ 600,000 Contract with Georgia Medical Care Foundation $ 1,250,000 Total Funds Budgeted $ 376,461,167 Indirect DOAS Services Funding $ 2,227,287 Agency Funds $ 255,770,458 State Funds Budgeted $ 118,463,422 Total Positions Budgeted 240 Budget Unit Object Classes: Personal Services $ 3,041,798 Regular Operating Expenses $ 995,080 Travel $ 50,201 Motor Vehicle Equipment Purchases $ 3,800 Publications and Printing $ 60,000 Equipment Purchases $ 89,614 Computer Charges $ 6,774,800 Real Estate Rentals $ 201,385 Per Diem, Fees and Contracts $ 507,417 Medicaid Benefits $ 360,220,072 Payments to Counties for Mental Health $ 2,507,000 Contracts for Hospital Audits $ 160,000 Contracts for Nursing Home and Dental Audits $ 600,000 Contract with Georgia Medical Care Foundation $ 1,250,000 Total Positions Budgeted 240 Passenger Carrying Motor Vehicles 4

Page 119

It is the intent of this General Assembly that the Department of Medical Assistance is authorized to expend unmatched State funds, where Federal matching funds are no longer available, from established audit reserves for legitimate Medicaid claims with dates-of-service falling between July 1, 1974, and August 1976. It is the intent of this General Assembly that with respect to Fiscal Year 1977 appropriations currently existing in reserves intitled Reserve for Payments to Counties for Adult Mental Health, Reserve for Payments to Counties for Child Mental Health, and Reserve for Payments to Counties for Alcoholism, the Department of Medical Assistance is authorized to expend funds and treat these reserves for accounting and other purposes as one Reserve for Payments to Counties for Mental Health. Section 32. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 2,942,551 1. Applicant Services Budget: Personal Services $ 519,657 Regular Operating Expenses $ 22,120 Travel $ 5,545 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,824 Equipment Purchases $ 4,446 Computer Charges $ 252,267 Real Estate Rentals $ 850 Per Diem, Fees and Contracts $ 48,500 Postage $ 31,000 Total Funds Budgeted $ 916,209 Agency Assessments $ 886,609 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services $ 336,089 Regular Operating Expenses $ 9,385 Travel $ 5,386 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,900 Equipment Purchases $ 938 Computer Charges $ 114,727 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Postage $ 1,950 Total Funds Budgeted $ 493,375 Agency Assessments $ 463,375 Total Positions Budgeted 22 3. Employee Services Budget: Personal Services $ 283,356 Regular Operating Expenses $ 14,385 Travel $ 2,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,155 Equipment Purchases $ 1,570 Computer Charges $ 60,222 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Postage $ 1,500 Total Funds Budgeted $ 377,788 Agency Assessments $ 369,873 Total Positions Budgeted 21 4. Employee Training and Development Budget: Personal Services $ 258,325 Regular Operating Expenses $ 12,213 Travel $ 7,878 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,660 Equipment Purchases $ 2,272 Computer Charges $ 1,000 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 86,500 Postage $ 2,300 Total Funds Budgeted $ 376,148 Agency Assessments $ 295,469 Total Positions Budgeted 17 5. Health Insurance Administration Budget: Personal Services $ 223,700 Regular Operating Expenses $ 22,626 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,300 Equipment Purchases $ 3,580 Computer Charges $ 9,687 Real Estate Rentals $ 4,269 Per Diem, Fees and Contracts $ 34,000 Postage $ 13,900 Total Funds Budgeted $ 316,562 Other Health Insurance Agency Funds $ 316,562 Total Positions Budgeted 17 6. Health Insurance Claims 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 $ 775,100 Postage $ -0- Health Insurance Claims $ 30,510,000 Total Funds Budgeted $ 31,285,100 Other Health Insurance Agency Funds $ 277,156 Employer and Employee Contributions $ 30,988,028 Health Insurance Reserves $ 19,916 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services $ 272,485 Regular Operating Expenses $ 11,900 Travel $ 1,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,400 Equipment Purchases $ 445 Computer Charges $ 333,480 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Postage $ 1,500 Federal Sub-grants to State and Local Agencies $ 187,035 Total Funds Budgeted $ 815,895 Agency Assessments $ 567,937 Other Health Insurance Agency Funds $ 29,493 Total Positions Budgeted 20 8. Commissioner's Office Budget: Personal Services $ 270,731 Regular Operating Expenses $ 13,795 Travel $ 14,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,630 Equipment Purchases $ 2,180 Computer Charges $ -0- Real Estate Rentals $ 117,172 Per Diem, Fees and Contracts $ 32,100 Postage $ 3,200 Total Funds Budgeted $ 457,408 Agency Assessments $ 359,288 Total Positions Budgeted 15 Budget Unit Object Classes : Personal Services $ 2,164,343 Regular Operating Expenses $ 106,424 Travel $ 39,159 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 88,869 Equipment Purchases $ 15,431 Computer Charges $ 771,383 Real Estate Rentals $ 122,291 Per Diem, Fees and Contracts $ 978,200 Postage $ 55,350 Federal Sub-grants to State and Local Agencies $ 187,035 Health Insurance Claim Payments $ 30,510,000 Total Positions Budgeted 151 Passenger Carrying Motor Vehicles 0

Page 123

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 33. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 34,778,734 1. Internal Administration Budget: Personal Services $ 1,265,171 Regular Operating Expenses $ 321,179 Travel $ 21,500 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 $ 1,897,320 State Funds Budgeted $ 1,897,320 Total Positions Budgeted 85 2. Information and Education Budget: Personal Services $ 491,392 Regular Operating Expenses $ 132,500 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 8,400 Publications and Printing $ 305,000 Equipment Purchases $ 14,500 Computer Charges $ 600 Per Diem, Fees and Contracts $ 10,100 Total Funds Budgeted $ 976,492 State Funds Budgeted $ 827,492 Total Positions Budgeted 35 3. Planning and Research Budget: Personal Services $ 1,100,370 Regular Operating Expenses $ 106,000 Travel $ 49,600 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 $ 92,400 Land and Water Conservation Grants $ 4,900,000 Recreation Grants $ 369,000 Historic Preservation Grants $ 77,127 Youth Conservation Corps Grants $ 100,000 Capital Outlay - Heritage Trust $ 2,940,800 Total Funds Budgeted $ 9,809,297 BOR Grants $ 4,900,000 BOR Administration $ 42,575 BOR Land Acquisition $ 840,800 Other Agency Funds $ 512,301 State Funds Budgeted $ 3,513,621 Total Positions Budgeted 59 4. Game and Fish Budget: Personal Services $ 6,828,183 Regular Operating Expenses $ 2,167,200 Travel $ 94,100 Motor Vehicle Equipment Purchases $ 483,900 Publications and Printing $ 27,800 Equipment Purchases $ 602,700 Computer Charges $ 48,123 Real Estate Rentals $ 910 Per Diem, Fees and Contracts $ 72,205 Capital Outlay - Hatchery Renovation $ 104,000 Capital Outlay - Repairs and Maintenance $ 141,469 Capital Outlay $ 591,755 Total Funds Budgeted $ 11,162,345 State Funds Budgeted $ 9,135,245 Total Positions Budgeted 459 5. State Parks and Historic Sites Operations Budget: Personal Services $ 4,598,438 Regular Operating Expenses $ 2,508,460 Travel $ 56,911 Motor Vehicle Equipment Purchases $ 157,250 Publications and Printing $ 42,500 Equipment Purchases $ 174,626 Computer Charges $ -0- Real Estate Rentals $ 6,500 Per Diem, Fees and Contracts $ 52,500 Capital Outlay $ 2,286,000 Capital Outlay - Repairs and Maintenance $ 671,020 Capital Outlay - Shop Stock $ 150,000 Cost of Material for Resale $ 579,740 Authority Lease Rentals $ 2,533,000 Total Funds Budgeted $ 13,816,945 State Funds Budgeted $ 10,476,425 Total Positions Budgeted 345 6. Geologic and Water Resources Research Budget: Personal Services $ 586,055 Regular Operating Expenses $ 82,722 Travel $ 33,600 Motor Vehicle Equipment Purchases $ 62,000 Publications and Printing $ 22,000 Equipment Purchases $ 85,000 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 $ 1,428,377 State Funds Budgeted $ 1,158,377 Total Positions Budgeted 36 7. Environmental Protection Budget: Personal Services $ 5,371,172 Regular Operating Expenses $ 586,000 Travel $ 233,272 Motor Vehicle Equipment Purchases $ 4,300 Publications and Printing $ 51,250 Equipment Purchases $ 271,674 Computer Charges $ 213,000 Real Estate Rentals $ 62,880 Per Diem, Fees and Contracts $ 1,352,364 Solid Waste Grants $ 1,000,000 Water and Sewer Grants $ 1,073,000 Total Funds Budgeted $ 10,218,912 State Funds Budgeted $ 6,478,371 Total Positions Budgeted 308 8. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 578,950 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 332,933 Total Funds Budgeted $ 911,883 State Funds Budgeted $ 911,883 Total Positions Budgeted 0 9. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations $ 130,000 Total Funds Budgeted $ 130,000 State Funds Budgeted $ 130,000 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 $ 20,240,781 Regular Operating Expenses $ 5,904,061 Travel $ 502,983 Motor Vehicle Equipment Purchases $ 715,850 Publications and Printing $ 638,550 Equipment Purchases $ 1,151,950 Computer Charges $ 377,723 Real Estate Rentals $ 91,290 Per Diem, Fees and Contracts $ 1,619,589 Land and Water Conservation Grants $ 4,900,000 Recreation Grants $ 369,000 Youth Conservation Corps Grants $ 100,000 Historic Preservation Grants $ 77,127 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 Capital Outlay - Hatchery Renovation $ 104,000 Capital Outlay $ 2,877,755 Capital Outlay - Repairs and Maintenance $ 812,489 Capital Outlay - Shop Stock $ 150,000 Capital Outlay - Heritage Trust $ 2,940,800 Authority Lease Rentals $ 2,533,000 Cost of Material for Resale $ 579,740 Payments to Lake Lanier Islands Development Authority for Operations $ 578,950 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 332,933 Payments to Jekyll Island State Park Authority for Operations $ 130,000 Grants to Herty Foundation $ 250,000 Total Positions Budgeted 1,327 Passenger Carrying Motor Vehicles 975 Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section. Provided, however, that none of the above appropriation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. Provided, that 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 State Parks and Historic Sites Budget, $63,000 is designated and committed for camping for the Mentally Retarded. Provided, that of the above appropriation to Capital Outlay, $55,000 is designated and committed for a group shelter at Providence Canyon State Park. Provided, that of the above appropriation, $18,500 is designated and committed to re-open Gordonia-Altamaha State Park. Provided, that of the above appropriation to Recreation Grants, $125,000 is designated and committed for 50% funding of a bathhouse, restrooms, first aid and lifeguard station at Savannah Beach. Provided, that of the above appropriation to Capital Outlay, $56,755 is designated and committed for a new equipment barn in Towns County. Provided, that of the above appropriation relative to Recreation Grants, $44,000 is designated and committed for 50% funding of an athletic facility in Polk County. B. Budget Unit: Authorities $ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services $ 684,088 Regular Operating Expenses $ 272,567 Travel $ 3,720 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 73,672 Equipment Purchases $ 4,295 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 36,530 Capital Outlay $ 537,834 Promotion Expenses $ -0- Total Funds Budgeted $ 1,612,706 State Funds Budgeted $ -0- Total Positions Budgeted 53 2. Jekyll Island State Park Authority Budget: Personal Services $ 1,652,039 Regular Operating Expenses $ 932,200 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,000 Equipment Purchases $ 61,665 Computer Charges $ 7,500 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 75,000 Mortgage Payments $ 150,300 Promotion Expenses $ 65,000 Total Funds Budgeted $ 2,993,704 State Funds Budgeted $ -0- Total Positions Budgeted 220 Budget Unit Object Classes: Personal Services $ 2,336,127 Regular Operating Expenses $ 1,204,767 Travel $ 13,720 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 113,672 Equipment $ 65,960 Computer Charges $ 7,500 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 111,530 Capital Outlay $ 537,834 Promotion Expense $ 65,000 Mortgage Payments $ 150,300 Total Positions Budgeted 273 Passenger Carrying Motor Vehicles 91

Page 131

Section 34. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation $ 61,971,318 1. General Administration and Support Budget: Personal Services $ 2,572,753 Regular Operating Expenses $ 315,116 Travel $ 67,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 12,475 Computer Charges $ 266,765 Real Estate Rentals $ 199,600 Per Diem, Fees and Contracts $ 334,201 Total Funds Budgeted $ 3,787,910 State Funds Budgeted $ 3,787,910 Total Positions Budgeted 178 2. Georgia Training and Development Center Budget: Personal Services $ 783,802 Regular Operating Expenses $ 156,752 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 $ 18,546 Total Funds Budgeted $ 977,606 State Funds Budgeted $ 977,606 Total Positions Budgeted 64 3. Georgia Industrial Institute Budget: Personal Services $ 2,757,479 Regular Operating Expenses $ 664,820 Travel $ 3,114 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 18,528 Computer Charges $ -0- Real Estate Rentals $ 31 Per Diem, Fees and Contracts $ 6,192 Capital Outlay $ 88,000 Total Funds Budgeted $ 3,538,864 State Funds Budgeted $ 3,533,864 Total Positions Budgeted 227 4. Georgia Diagnostic and Classification Center Budget: Personal Services $ 3,011,558 Regular Operating Expenses $ 724,331 Travel $ 1,950 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 $ 8,660 Total Funds Budgeted $ 3,776,435 State Funds Budgeted $ 3,776,435 Total Positions Budgeted 267 5. Georgia State Prison Budget: Personal Services $ 5,588,806 Regular Operating Expenses $ 1,580,962 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 48,545 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 50,650 Total Funds Budgeted $ 7,275,963 State Funds Budgeted $ 7,255,605 Total Positions Budgeted 492 6. Consolidated Branches Budget: Personal Services $ 3,919,048 Regular Operating Expenses $ 986,636 Travel $ 9,185 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 76,935 Computer Charges $ -0- Real Estate Rentals $ 21,660 Per Diem, Fees and Contracts $ 100,300 Total Funds Budgeted $ 5,114,764 State Funds Budgeted $ 4,788,764 Total Positions Budgeted 337 7. Montgomery Correctional Institution Budget: Personal Services $ 712,953 Regular Operating Expenses $ 195,334 Travel $ 1,500 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 $ 12,600 Capital Outlay $ 45,000 Total Funds Budgeted $ 977,887 State Funds Budgeted $ 962,887 Total Positions Budgeted 58 8. Walker Correctional Institution Budget: Personal Services $ 752,134 Regular Operating Expenses $ 185,478 Travel $ 2,468 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 1,250 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 6,900 Total Funds Budgeted $ 948,330 State Funds Budgeted $ 938,330 Total Positions Budgeted 64 9. Georgia Women's Correctional Institution Budget: Personal Services $ 1,208,818 Regular Operating Expenses $ 292,218 Travel $ 1,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 2,989 Computer Charges $ -0- Real Estate Rentals $ 1,320 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,507,245 State Funds Budgeted $ 1,507,245 Total Positions Budgeted 110 10. West Georgia Community Correctional Institution Budget: Personal Services $ 1,491,691 Regular Operating Expenses $ 312,225 Travel $ 2,668 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 5,130 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 14,400 Total Funds Budgeted $ 1,826,214 State Funds Budgeted $ 1,826,214 Total Positions Budgeted 138 11. Georgia Earned Release Correctional Center Budget: Personal Services $ 2,312,312 Regular Operating Expenses $ 284,780 Travel $ 1,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 6,050 Computer Charges $ -0- Real Estate Rentals $ 660 Per Diem, Fees and Contracts $ 10,464 Capital Outlay $ 84,500 Payments to Central State Hospital for Utilities $ 144,100 Total Funds Budgeted $ 2,845,166 State Funds Budgeted $ 2,845,166 Total Positions Budgeted 213 12. Talmadge Memorial Hospital Unit Budget: Personal Services $ 213,161 Regular Operating Expenses $ 10,165 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 $ 224,326 State Funds Budgeted $ 224,326 Total Positions Budgeted 20 13. Food Processing and Distribution Unit Budget: Personal Services $ 1,065,058 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 $ 980,000 Payments to Central State Hospital for Utilities $ 6,900 Total Funds Budgeted $ 4,417,572 State Funds Budgeted $ 4,059,113 Total Positions Budgeted 101 14. Institutional Support Budget: Personal Services $ 420,066 Regular Operating Expenses $ 401,528 Travel $ 21,060 Motor Vehicle Equipment Purchases $ 569,200 Publications and Printing $ 1,750 Equipment Purchases $ 44,321 Computer Charges $ -0- Real Estate Rentals $ 22,788 Per Diem, Fees and Contracts $ 39,446 Authority Lease Rentals $ 840,000 Overtime $ 30,000 Court Costs $ 200,000 County Subsidy $ 3,113,010 Inmate Release Fund $ 340,000 Payments to Talmadge Memorial Hospital $ 530,000 Capital Outlay $ 5,205,500 Central Repair Fund $ 519,479 Payments to Central State Hospital for Medical Services $ 600,000 Outside Health Service Purchases $ 308,000 Total Funds Budgeted $ 13,206,148 State Funds Budgeted $ 12,866,494 Total Positions Budgeted 36 15. Farm Operations Budget: Personal Services $ 293,389 Regular Operating Expenses $ 2,058,000 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 $ 2,404,849 State Funds Budgeted $ 2,394,849 Total Positions Budgeted 24 16. Macon Community Correctional Center Budget: Personal Services $ 530,100 Regular Operating Expenses $ 269,276 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 1,200 Per Diem, Fees and Contracts $ 8,750 Total Funds Budgeted $ 815,326 State Funds Budgeted $ 815,326 Total Positions Budgeted 128 17. Probation/Parole Operations Budget: Personal Services $ 5,115,840 Regular Operating Expenses $ 272,205 Travel $ 213,760 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,800 Equipment Purchases $ 16,654 Computer Charges $ -0- Real Estate Rentals $ 107,324 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 5,728,583 State Funds Budgeted $ 5,728,583 Total Positions Budgeted 389 18. Community Centers Budget: Personal Services $ 1,675,603 Regular Operating Expenses $ 701,775 Travel $ 32,099 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 960 Equipment Purchases $ 224,635 Computer Charges $ -0- Real Estate Rentals $ 300,971 Per Diem, Fees and Contracts $ 43,564 Total Funds Budgeted $ 2,979,607 State Funds Budgeted $ 2,938,778 Total Positions Budgeted 192 19. Andromeda Center Budget: Personal Services $ 196,171 Regular Operating Expenses $ 116,869 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 2,200 Computer Charges $ -0- Real Estate Rentals $ 26,460 Per Diem, Fees and Contracts $ 21,500 Total Funds Budgeted $ 376,200 State Funds Budgeted $ 128,472 Total Positions Budgeted 17 20. Restitution Shelters Budget: Personal Services $ 388,998 Regular Operating Expenses $ 108,248 Travel $ 5,460 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 316 Equipment Purchases $ 2,420 Computer Charges $ -0- Real Estate Rentals $ 47,009 Per Diem, Fees and Contracts $ 1,400 Total Funds Budgeted $ 553,851 State Funds Budgeted $ 511,851 Total Positions Budgeted 33 21. Federal Grants Budget: Personal Services $ 1,522,685 Regular Operating Expenses $ 301,000 Travel $ 113,729 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,712 Equipment Purchases $ 30,556 Computer Charges $ 140,095 Real Estate Rentals $ 69,051 Per Diem, Fees and Contracts $ 262,887 Total Funds Budgeted $ 2,458,715 State Funds Budgeted $ 103,500 Total Positions Budgeted 171 22. Correctional Industries Budget: Personal Services $ 711,000 Regular Operating Expenses $ 331,750 Travel $ 19,500 Motor Vehicle Equipment Purchases $ 55,000 Publications and Printing $ 5,000 Equipment Purchases $ 283,700 Computer Charges $ -0- Real Estate Rentals $ 16,750 Per Diem, Fees and Contracts $ 9,000 Capital Outlay $ 322,700 Cost of Sales $ 2,269,750 Repayment of Prior Years' Appropriations $ 40,000 Total Funds Budgeted $ 4,064,150 State Funds Budgeted $ -0- Total Positions Budgeted 50 Budget Unit Object Classes: Personal Services $ 37,243,425 Regular Operating Expenses $ 12,503,468 Travel $ 523,193 Motor Vehicle Equipment Purchases $ 624,200 Publications and Printing $ 58,238 Equipment Purchases $ 1,011,504 Computer Charges $ 406,860 Real Estate Rentals $ 814,824 Per Diem, Fees and Contracts $ 953,060 Authority Lease Rentals $ 840,000 Capital Outlay $ 5,745,700 Court Costs $ 200,000 Inmate Release Fund $ 340,000 County Subsidy $ 3,113,010 Payments to Central State Hospital for Meals $ 980,000 Payments to Central State Hospital for Utilities $ 151,000 Payments to Central State Hospital for Medical Services $ 600,000 Outside Health Service Purchases $ 308,000 Payments to Talmadge Memorial Hospital $ 530,000 Cost of Sales $ 2,269,750 Central Repair Fund $ 519,479 Repayment of Prior Years' Appropriations $ 40,000 Overtime $ 30,000 Total Positions Budgeted 3,309 Passenger Carrying Motor Vehicles 373 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, $2,456,000 is designated and committed to construct 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, $195,000 is designated and committed for the planning and land acquisition for a new correctional facility in Dodge County, $1,645,000 is designated and committed for planning and land acquisition for two new institutions in the Atlanta area and a new institution and hospital unit in the Augusta area, $73,500 is designated and committed to complete renovations at the Milledgeville food storage warehouse, $31,000 is designated and committed to construct a security fence around the West Georgia Community Correctional Center, $45,000 is designated and committed to construct a vocational training building at the Walker Correctional Institution, $100,000 is designated and committed for kitchen renovations at the Georgia State Prison, $25,000 is designated and committed for heating system renovations at the Colony Farm Correctional Institution, $84,500 is designated and committed for various paving projects around the Georgia Earned Release Correctional Center and $83,000 is designated and committed to construct and equip new breeding and gestation barns at the Georgia Industrial Institute. Provided, further, that of the above appropriation relating to Capital Outlay for the purpose of planning and land acquisition for a new correctional facility in Dodge County and for planning and land acquisition for two new institutions in the Atlanta area and a new institution and hospital unit in the Augusta area, the Department is hereby required to certify the need for these facilities and institutions prior to the expenditure of any funds for the stated purposes. B. Budget Unit: Board of Pardons and Paroles $ 2,501,294 Board of Pardons and Paroles Budget: Personal Services $ 2,173,956 Regular Operating Expenses $ 111,747 Travel $ 128,517 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,335 Equipment Purchases $ 25,946 Computer Charges $ -0- Real Estate Rentals $ 48,293 Per Diem, Fees and Contracts $ 11,500 Total Funds Budgeted $ 2,501,294 State Funds Budgeted $ 2,501,294 Total Positions Budgeted 176 Budget Unit Object Classes: Personal Services $ 2,173,956 Regular Operating Expenses $ 111,747 Travel $ 128,517 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,335 Equipment Purchases $ 25,946 Computer Charges $ -0- Real Estate Rentals $ 48,293 Per Diem, Fees and Contracts $ 11,500 Total Positions Budgeted 176 Passenger Carrying Motor Vehicles 0

Page 142

Section 35. Department of Public Safety. Budget Unit: Department of Public Safety $ 32,080,214 1. Office of Highway Safety Budget: Personal Services $ 280,123 Regular Operating Expenses $ 26,624 Travel $ 14,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,200 Equipment Purchases $ 3,770 Computer Charges $ 1,000 Real Estate Rentals $ 24,280 Per Diem, Fees and Contracts $ 4,043 Postage $ 3,900 Total Funds Budgeted $ 367,840 State Funds Budgeted $ -0- Total Positions Budgeted 16 2. Administrative Support Budget: Personal Services $ 268,818 Regular Operating Expenses $ 44,387 Travel $ 4,850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,500 Equipment Purchases $ 2,500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 700 Postage $ 200 Total Funds Budgeted $ 336,955 State Funds Budgeted $ 336,955 Total Positions Budgeted 13 3. Staff Support Budget: Personal Services $ 1,421,355 Regular Operating Expenses $ 1,183,057 Travel $ 37,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 73,200 Equipment Purchases $ 15,556 Computer Charges $ 22,300 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,750 Postage $ 175,000 Capital Outlay $ 175,000 Total Funds Budgeted $ 3,105,718 State Funds Budgeted $ 3,105,718 Total Positions Budgeted 103 4. Georgia State Patrol Budget: Personal Services $ 18,218,838 Regular Operating Expenses $ 2,408,754 Travel $ 120,746 Motor Vehicle Equipment Purchases $ 3,878,920 Publications and Printing $ 670,310 Equipment Purchases $ 411,404 Computer Charges $ 1,640,604 Real Estate Rentals $ 3,700 Per Diem, Fees and Contracts $ 18,750 Postage $ 172,320 Conviction Reports $ 164,000 Capital Outlay $ 72,500 Total Funds Budgeted $ 27,780,846 Indirect DOAS Services Funding $ 600,000 State Funds Budgeted $ 26,672,538 Total Positions Budgeted 1,167 5. Georgia Peace Officers Standards and Training Budget: Personal Services $ 333,341 Regular Operating Expenses $ 490,710 Travel $ 19,853 Motor Vehicle Equipment Purchases $ 28,300 Publications and Printing $ 25,201 Equipment Purchases $ 3,528 Computer Charges $ 500 Real Estate Rentals $ 24,300 Per Diem, Fees and Contracts $ 31,587 Postage $ 2,655 Total Funds Budgeted $ 959,975 State Funds Budgeted $ 469,301 Total Positions Budgeted 25 6. Police Academy: Personal Services $ 301,786 Regular Operating Expenses $ 123,600 Travel $ 4,200 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 12,000 Equipment Purchases $ 21,000 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 17,000 Postage $ 1,500 Capital Outlay $ 605,000 Total Funds Budgeted $ 1,090,586 State Funds Budgeted $ 1,006,086 Total Positions Budgeted 14 7. Fire Academy: Personal Services $ 153,798 Regular Operating Expenses $ 29,747 Travel $ 11,464 Motor Vehicle Equipment Purchases $ 10,500 Publications and Printing $ 1,600 Equipment Purchases $ 8,200 Computer Charges $ -0- Real Estate Rentals $ 12,196 Per Diem, Fees and Contracts $ 85,980 Postage $ 3,500 Capital Outlay $ 147,000 Total Funds Budgeted $ 463,985 State Funds Budgeted $ 423,485 Total Positions Budgeted 9 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 53,322 Regular Operating Expenses $ 3,273 Travel $ 6,836 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 600 Equipment Purchases $ 700 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 600 Postage $ 800 Total Funds Budgeted $ 66,131 State Funds Budgeted $ 66,131 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 21,031,381 Regular Operating Expenses $ 4,310,152 Travel $ 220,349 Motor Vehicle Equipment Purchases $ 3,922,220 Publications and Printing $ 807,611 Equipment Purchases $ 466,658 Computer Charges $ 1,664,404 Real Estate Rentals $ 64,476 Per Diem, Fees and Contracts $ 161,410 Postage $ 359,875 Capital Outlay $ 999,500 Conviction Reports $ 164,000 Total Positions Budgeted 1,350 Passenger Carrying Motor Vehicles 893

Page 145

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

Page 146

reports is not to exceed $.25 per conviction report. Provided, however, that of the above appropriation, $5,000 is designated and committed to fence the Augusta Drivers License Facility. Provided, however, that of the above appropriation, $605,000 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. It is the intent of this General Assembly that the Board of Public Safety develop plans for the implementation of a `one-man, one-car' policy for the Georgia State Patrol, and that such plans be submitted to the Office of Planning and Budget prior to implementation. Further, the Board of Public Safety is authorized to implement a `one-man, one-car' policy in at least twelve Posts. Section 36. 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 37. Public Service Commission. Budget Unit: Public Service Commission $ 2,611,317 1. Administration Budget: Personal Services $ 572,961 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 $ 2,200 Total Funds Budgeted $ 620,011 State Funds Budgeted $ 620,011 Total Positions Budgeted 27 2. Transportation Budget: Personal Services $ 639,494 Regular Operating Expenses $ 82,559 Travel $ 28,500 Motor Vehicle Equipment Purchases $ 60,800 Publications and Printing $ 7,000 Equipment Purchases $ 2,400 Computer Charges $ -0- Real Estate Rentals $ 27,384 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 849,637 State Funds Budgeted $ 849,637 Total Positions Budgeted 43 3. Utilities Budget: Personal Services $ 940,612 Regular Operating Expenses $ 67,041 Travel $ 65,000 Motor Vehicle Equipment Purchases $ 28,500 Publications and Printing $ 4,800 Equipment Purchases $ 1,600 Computer Charges $ -0- Real Estate Rentals $ 9,116 Per Diem, Fees and Contracts $ 95,000 Total Funds Budgeted $ 1,211,669 State Funds Budgeted $ 1,141,669 Total Positions Budgeted 57 Budget Unit Object Classes: Personal Services $ 2,153,067 Regular Operating Expenses $ 184,100 Travel $ 101,000 Motor Vehicle Equipment Purchases $ 89,300 Publications and Printing $ 13,050 Equipment Purchases $ 5,600 Computer Charges $ -0- Real Estate Rentals $ 36,500 Per Diem, Fees and Contracts $ 98,700 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 25

Page 148

Provided, that of the above appropriation to the Utilities Budget, an amount not to exceed $ 150,000 is designated and committed for funding two Analyst II's at pay grade 19, three Analyst I's at pay grade 17 and one Engineer II at pay grade 19 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 and to perform other duties at the discretion of the Public Service Commission. Section 38. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 328,733,900 1. Resident Instruction Budget: $ Personal Services $ 277,416,000 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 $ 22,761,500 Capital Outlay $ 19,025,000 Authority Lease Rentals $ 22,554,362 Payments to Georgia Education $ Authority (University) $ 400,000 Total Funds Budgeted $ 433,479,713 Indirect DOAS Services Funding $ 3,027,160 State Funds Budgeted $ 287,944,553 Total Positions Budgeted 16,047 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 appropriation relative to Capital Outlay, $25,000 is designated and committed to build tennis courts at Bainbridge Jr. College. Provided, that from the above appropriated amount for Capital Outlay, $10,500,000 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. Major rehabilitation, remodeling or renovation is deemed to mean projects costing in excess of $300,000 each. Provided, further, that of the above appropriated amount for Capital Outlay, $8,500,000 is designated and committed for renovations and improvements of physical plant facilities. 2. Marine Resources Extension Center Budget: Personal Services $ 295,788 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 $ 468,911 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 416,111 Total Positions Budgeted 24 3. Skidaway Institute of Oceanography Budget: Personal Services $ 946,235 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 $ 1,843,076 State Funds Budgeted $ 613,781 Total Positions Budgeted 32 4. Engineering Experiment Station Budget: Personal Services $ 11,860,071 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 $ 15,630,825 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 2,491,241 Total Positions Budgeted 294 5. Engineering Extension Division Budget: Personal Services $ 652,785 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 $ 940,699 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 289,860 Total Positions Budgeted 44 6. Agricultural Experiment Stations Budget: Personal Services $ 11,676,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 5,540,842 Total Funds Budgeted $ 17,217,818 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 11,230,918 Total Positions Budgeted 808 7. Cooperative Extension Service Budget: Personal Services $ 16,141,624 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 2,442,012 Total Funds Budgeted $ 18,583,636 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 10,296,936 Total Positions Budgeted 955 8. Talmadge Memorial Hospital Budget: Personal Services $ 23,520,474 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 $ 34,403,574 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 14,787,500 Total Positions Budgeted 2,356 9. Veterinary Medicine Experiment Station Budget: Personal Services $ 452,500 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 $ 663,000 State Funds Budgeted $ 663,000 Total Positions Budgeted 31 Budget Unit Object Classes : Personal Services $ 342,962,453 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 115,527,937 Teachers' Retirement $ 22,761,500 Capital Outlay $ 19,025,000 Authority Lease Rentals $ 22,554,362 Payments to Georgia Education Authority (University) $ 400,000 Total Positions Budgeted 20,591 B. Budget Unit: Regents Central Office $ 10,369,585 Regents Central Office Budget: Personal Services $ 1,880,389 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 $ 2,081,350 Medical Scholarships $ 360,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,134,000 Family Practice Residency Program $ 275,000 Office of Minority Business Enterprise $ 43,000 Total Funds Budgeted $ 10,369,585 State Funds Budgeted $ 10,369,585 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services $ 1,880,389 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 $ 2,081,350 Medical Scholarships $ 360,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,134,000 Family Practice Residency Program $ 275,000 Office of Minority Business Enterprise $ 43,000 Total Positions Budgeted 98 Passenger Carrying Motor Vehicles 0

Page 155

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $675 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 39. Department of Revenue. Budget Unit: Department of Revenue $ 21,274,978 1. Executive Administration Budget: Personal Services $ 712,935 County Tax Officials/Retirement and FICA $ 485,000 Regular Operating Expenses $ 159,861 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 Postage $ 100 Total Funds Budgeted $ 1,593,586 State Funds Budgeted $ 1,593,586 Total Positions Budgeted 39 2. Central Processing Budget: Personal Services $ 2,708,426 Regular Operating Expenses $ 260,271 Travel $ 1,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 209,000 Equipment Purchases $ 28,330 Computer Charges $ 2,226,211 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 715,000 Motor Vehicle Decal Purchases $ 260,040 Postage $ 850,000 Total Funds Budgeted $ 7,258,678 Indirect DOAS Services Funding $ 1,825,000 State Funds Budgeted $ 5,433,678 Total Positions Budgeted 280 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 $ 828,607 Regular Operating Expenses $ 53,300 Travel $ 53,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,000 Equipment Purchases $ 1,500 Computer Charges $ 500,000 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- Postage $ 9,500 Total Funds Budgeted $ 3,168,503 Repayment of Loans to Counties/Property Revaluation $ 151,596 Indirect DOAS Services Funding $ 500,000 State Funds Budgeted $ 2,516,907 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. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein. 4. Sales Taxation Budget: Personal Services $ 873,729 Regular Operating Expenses $ 49,400 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- Postage $ 63,000 Total Funds Budgeted $ 1,433,402 Indirect DOAS Services Funding $ 355,473 State Funds Budgeted $ 1,077,929 Total Positions Budgeted 77 5. Motor Fuel Taxation Budget: Personal Services $ 413,610 Regular Operating Expenses $ 18,200 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,000 Equipment Purchases $ -0- Computer Charges $ 160,630 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 622,940 Indirect DOAS Services Funding $ 153,330 State Funds Budgeted $ 469,610 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services $ 1,503,063 Regular Operating Expenses $ 119,100 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- Postage $ 146,000 Total Funds Budgeted $ 3,303,163 Indirect DOAS Services Funding $ 1,300,000 State Funds Budgeted $ 2,003,163 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,866,307 Regular Operating Expenses $ 218,510 Travel $ 37,000 Motor Vehicle Equipment Purchases $ 135,000 Publications and Printing $ 20,000 Equipment Purchases $ 2,950 Computer Charges $ 104,000 Real Estate Rentals $ 2,500 Per Diem, Fees and Contracts $ 5,000 Postage $ 2,200 Total Funds Budgeted $ 2,393,467 Indirect DOAS Services Funding $ 104,000 State Funds Budgeted $ 2,289,467 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 $ 132,000 Regular Operating Expenses $ 24,882 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- Postage $ -0- Total Funds Budgeted $ 170,682 State Funds Budgeted $ 170,682 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 $ 1,532,016 Regular Operating Expenses $ 27,500 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- Postage $ 600 Total Funds Budgeted $ 1,878,296 State Funds Budgeted $ 1,878,296 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services $ 3,309,458 Regular Operating Expenses $ 132,714 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 Postage $ 32,600 Total Funds Budgeted $ 3,841,660 State Funds Budgeted $ 3,841,660 Total Positions Budgeted 255 Budget Unit Object Classes: Personal Services $ 13,880,151 County Tax Officials/Retirement and FICA $ 485,000 Regular Operating Expenses $ 1,063,738 Travel $ 627,600 Motor Vehicle Equipment Purchases $ 135,000 Publications and Printing $ 847,500 Equipment Purchases $ 70,055 Computer Charges $ 4,662,511 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- Postage $ 1,104,000 Total Positions Budgeted 1,058 Passenger Carrying Motor Vehicles 103

Page 161

Section 40. Secretary of State. A. Budget Unit: Secretary of State $ 8,288,304 1. Occupational Certification Budget: Personal Services $ 1,389,560 Regular Operating Expenses $ 630,546 Travel $ 99,502 Motor Vehicle Equipment Purchases $ 94,600 Publications and Printing $ 69,321 Equipment Purchases $ 19,050 Computer Charges $ -0- Real Estate Rentals $ 10,000 Per Diem, Fees and Contracts $ 227,325 Total Funds Budgeted $ 2,539,904 State Funds Budgeted $ 2,485,635 Total Positions Budgeted 110 2. Securities Regulation Budget: Personal Services $ 274,919 Regular Operating Expenses $ 27,900 Travel $ 14,850 Motor Vehicle Equipment Purchases $ 17,200 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 $ 340,569 State Funds Budgeted $ 335,569 Total Positions Budgeted $ 16 3. Corporations Regulation Budget: Personal Services $ 305,338 Regular Operating Expenses $ 45,700 Travel $ 1,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 3,000 Computer Charges $ 241,000 Real Estate Rentals $ 36,300 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 636,538 State Funds Budgeted $ 636,538 Total Positions Budgeted 26 4. Drugs and Narcotics Budget: Personal Services $ 261,379 Regular Operating Expenses $ 12,252 Travel $ 42,000 Motor Vehicle Equipment Purchases $ 48,800 Publications and Printing $ 300 Equipment Purchases $ 6,700 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 371,431 State Funds Budgeted $ 371,431 Total Positions Budgeted 13 5. Archives and Records Budget: Personal Services $ 1,096,288 Regular Operating Expenses $ 160,006 Travel $ 33,521 Motor Vehicle Equipment Purchases $ 20,716 Publications and Printing $ 17,100 Equipment Purchases $ 56,100 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Authority Lease Rentals $ 970,000 Total Funds Budgeted $ 2,353,731 State Funds Budgeted $ 2,294,953 Total Positions Budgeted 84 6. General Services Budget: Personal Services $ 520,107 Regular Operating Expenses $ 83,177 Travel $ 1,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 132,000 Equipment Purchases $ 6,125 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 743,809 State Funds Budgeted $ 743,809 Total Positions Budgeted 37 7. Internal Administration Budget: Personal Services $ 461,354 Regular Operating Expenses $ 73,900 Travel $ 6,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 80,000 Equipment Purchases $ 9,575 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 631,429 State Funds Budgeted $ 631,429 Total Positions Budgeted 30 8. Bicentennial Commission Budget: Personal Services $ 38,155 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 $ 51,655 State Funds Budgeted $ 51,655 Total Positions Budgeted 2 9. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 58,754 Regular Operating Expenses $ 13,600 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 4,500 Per Diem, Fees and Contracts $ 11,600 Total Funds Budgeted $ 101,454 State Funds Budgeted $ 101,454 Total Positions Budgeted 3 10. Real Estate Commission Budget: $ Personal Services $ 286,254 Regular Operating Expenses $ 68,247 Travel $ 18,608 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,929 Equipment Purchases $ 6,000 Computer Charges $ 23,000 Real Estate Rentals $ 23,000 Per Diem, Fees and Contracts $ 31,500 Total Funds Budgeted $ 466,538 State Funds Budgeted $ 446,049 Total Positions Budgeted 23 11. Elections and Campaign Disclosure Budget: Personal Services $ 143,887 Regular Operating Expenses $ 25,050 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,500 Equipment Purchases $ 8,745 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 189,782 State Funds Budgeted $ 189,782 Total Positions Budgeted 9 Budget Unit Object Classes: Personal Services $ 4,835,995 Regular Operating Expenses $ 1,150,078 Travel $ 227,081 Motor Vehicle Equipment Purchases $ 181,316 Publications and Printing $ 333,150 Equipment Purchases $ 117,795 Computer Charges $ 264,000 Real Estate Rentals $ 73,800 Per Diem, Fees and Contracts $ 273,625 Authority Lease Rentals $ 970,000 Total Positions Budgeted 353 Passenger Carrying Motor Vehicles 53 B. Budget Unit: State Board of Dental Examiners $ 68,252 State Board of Dental Examiners Budget: Personal Services $ 26,252 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 Funds Budgeted $ 68,252 State Funds Budgeted $ 68,252 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 26,252 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 Passenger Carrying Motor Vehicles 1

Page 165

Section 41. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 10,982,165 1. Internal Administration Activity Budget: Personal Services $ 786,630 Regular Operating Expenses $ 110,042 Travel $ 24,400 Motor Vehicle Equipment Purchases $ 4,900 Publications and Printing $ 4,700 Equipment Purchases $ 8,950 Computer Charges $ 64,225 Real Estate Rentals $ 62,127 Per Diem, Fees and Contracts $ 54,063 Total Funds Budgeted $ 1,120,037 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 $ 2,558,059 North Georgia College ROTC Grants $ 60,000 Total Funds Budgeted $ 11,871,762 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 $ 786,630 Regular Operating Expenses $ 110,042 Travel $ 24,400 Motor Vehicle Equipment Purchases $ 4,900 Publications and Printing $ 4,700 Equipment Purchases $ 8,950 Computer Charges $ 64,225 Real Estate Rentals $ 62,127 Per Diem, Fees and Contracts $ 54,063 Payment of Interest and Fees $ 329,000 Direct Guaranteed Loans $ 2,145,000 Tuition Equalization Grants $ 7,108,703 State Student Incentive Scholarships $ 2,558,059 Law Enforcement Personnel Dependents Scholarships $ 40,000 North Georgia College ROTC Grants $ 60,000 Total Positions Budgeted 56 Passenger Carrying Motor Vehicles 1

Page 167

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 education fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Commission as provided for in Ga. Laws 1965, p. 210, as amended. Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $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.

Page 168

Provided, that from the above appropriation $7,108,703 is designated and committed to provide $500 Tuition Equalization Grants to Freshmen, Sophomores, Juniors and Senior attending private colleges as provided in Ga. Laws 1971, p. 906, as amended. Provided, that the above appropriated amount relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based scholarships to first-year, 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 169

Provided, that from the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of paying interest and special allowance payments to lenders within thirty days after the end of each calendar quarter. Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 436,858 Soil and Water Conservation Central Office Budget: Personal Services $ 191,648 Regular Operating Expenses $ 83,719 Travel $ 28,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,043 Equipment Purchases $ 2,948 Computer Charges $ -0- Real Estate Rentals $ 5,400 Per Diem, Fees and Contracts $ 113,700 Total Funds Budgeted $ 436,858 State Funds Budgeted $ 436,858 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 191,648 Regular Operating Expenses $ 83,719 Travel $ 28,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,043 Equipment Purchases $ 2,948 Computer Charges $ -0- Real Estate Rentals $ 5,400 Per Diem, Fees and Contracts $ 113,700 Total Positions Budgeted 11 Passenger Carrying Motor Vehicles 0 Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 781,000 Departmental Operations Budget: Personal Services $ 925,267 Regular Operating Expenses $ 95,400 Travel $ 16,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 10,000 Computer Charges $ 335,600 Per Diem, Fees and Contracts $ 104,000 Floor Fund for Local Retirement Systems $ 781,000 Employer Contributions $ -0- Total Funds Budgeted $ 2,289,867 State Funds Budgeted $ 781,000 Total Positions Budgeted 60 Budget Unit Object Classes: Personal Services $ 925,267 Regular Operating Expenses $ 95,400 Travel $ 16,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 10,000 Computer Charges $ 335,600 Per Diem, Fees and Contracts $ 104,000 Floor Fund for Local Retirement Systems $ 781,000 Employer Contributions $ -0- Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 0

Page 170

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 44. Department of Transportation. Budget Unit: Department of Transportation $ 326,241,718.35 1. Planning and Construction Budget: Personal Services $ 54,485,215.50 Regular Operating Expenses $ 3,849,195.00 Travel $ 1,180,360.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 262,723.00 Equipment Purchases $ 106,200.00 Computer Charges $ -0- Real Estate Rentals $ 183,558.00 Per Diem, Fees and Contracts $ 5,335,200.00 Capital Outlay $ 223,372,865.41 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 288,775,316.91 State Funds Budgeted $ 119,530,364.85 Total Positions Budgeted 3,417 2. Maintenance and Betterments Budget: Personal Services $ 35,659,588 Regular Operating Expenses $ 22,036,237 Travel $ 201,960 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,160 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 907,725 Capital Outlay $ 83,650,000 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 142,464,670 State Funds Budgeted $ 141,509,670 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 $ 5,770,951.50 Regular Operating Expenses $ 2,667,579.00 Travel $ 100,000.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 218,121.00 Equipment Purchases $ -0- Computer Charges $ 1,218,989.00 Real Estate Rentals $ 48,000.00 Per Diem, Fees and Contracts $ 230,500.00 Total Funds Budgeted $ 10,254,140.50 State Funds Budgeted $ 10,225,736.50 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 Outlay - Appalachian Highway $ 6,760,000 Capital Outlay - Paving State Schools and Institutions $ 500,000 Capital Outlay - Three Laning and Four Laning $ 10,000,000 Maintenance and Betterments Capital Outlay - Rehabilitation Off-System $ 52,000,000 Capital Outlay - Paving at State Parks and Historic Sites and other State-owned facilities $ 750,000 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. Laws 1965, p. 458), as amended. Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. 8. Air Transportation Budget: Personal Services $ 349,393.50 Regular Operating Expenses $ 287,417.00 Travel $ 14,400.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200.00 Equipment Purchases $ 9,000.00 Computer Charges $ -0- Real Estate Rentals $ 1.00 Per Diem, Fees and Contracts $ 1,500.00 Total Funds Budgeted $ 661,911.50 State Funds Budgeted $ 441,911.50 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 312,048.50 Regular Operating Expenses $ 18,004.00 Travel $ 10,200.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000.00 Equipment Purchases $ -0- Computer Charges $ 8,000.00 Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ 286,569.00 Capital Outlay $ 269,099.00 Mass Transit Grants $ 355,370.00 Airport Operational Improvements $ 1,000,000.00 Total Funds Budgeted $ 2,274,290.50 State Funds Budgeted $ 2,125,890.50 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 $ 96,577,197.00 Regular Operating Expenses $ 28,858,432.00 Travel $ 1,506,920.00 Motor Vehicle Equipment Purchases $ 2,300,000.00 Publications and Printing $ 505,204.00 Equipment Purchases $ 801,036.00 Computer Charges $ 1,226,989.00 Real Estate Rentals $ 231,559.00 Per Diem, Fees and Contracts $ 6,761,494.00 Capital Outlay $ 307,678,064.41 Mass Transit Grants $ 355,370.00 Grants to Municipalities $ 9,317,000.00 Harbor Maintenance Payments $ 250,000.00 Grants to Counties $ 9,317,013.00 Authority Lease Rentals $ 26,607,334.00 State of Georgia General Obligation Debt Sinking Fund $ 3,744,862.00 Airport Operational Improvements $ 1,000,000.00 Total Positions Budgeted 7,273 Passenger Carrying Motor Vehicles 2,650

Page 177

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

Page 178

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. 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. Section 45. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 6,771,396 1. Veterans Assistance Budget: Personal Services $ 2,116,061 Regular Operating Expenses $ 124,800 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 12,800 Computer Charges $ 100 Real Estate Rentals $ 26,975 Per Diem, Fees and Contracts $ 7,500 Grants to Confederate Widows $ 9,586 Total Funds Budgeted $ 2,380,822 State Funds Budgeted $ 2,095,920 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Regular Operating Expenses for Projects $ 45,010 Equipment Purchases $ 46,500 Operating Expenses/Payments to Central State Hospital $ 4,558,440 Total Funds Budgeted $ 4,649,950 State Funds Budgeted $ 3,317,699 3. Veterans Nursing Home - Augusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,925,964 Capital Outlay $ 102,500 Total Funds Budgeted $ 2,028,464 State Funds Budgeted $ 1,357,777 Budget Unit Object Classes: Personal Services $ 2,116,061 Regular Operating Expenses $ 124,800 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 59,300 Computer Charges $ 100 Real Estate Rentals $ 26,975 Per Diem, Fees and Contracts $ 7,500 Capital Outlay $ 102,500 Grants to Confederate Widows $ 9,586 Operating Expense/Payments to Central State Hospital $ 4,558,440 Operating Expense/Payments to Medical College of Georgia $ 1,925,964 Regular Operating Expenses for Projects $ 45,010 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1

Page 180

Section 46. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 2,370,994 1. Workmen's Compensation Administration Budget: Personal Services $ 1,760,159 Regular Operating Expenses $ 163,985 Travel $ 30,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,631 Equipment Purchases $ 15,680 Computer Charges $ 106,420 Real Estate Rentals $ 110,930 Per Diem, Fees and Contracts $ 31,600 Total Funds Budgeted $ 2,235,855 State Funds Budgeted $ 2,233,855 Total Positions Budgeted 109 2. Vocational Rehabilitation Budget: Personal Services $ 120,853 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 $ 137,139 State Funds Budgeted $ 137,139 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 1,881,012 Regular Operating Expenses $ 167,671 Travel $ 40,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,631 Equipment Purchases $ 16,280 Computer Charges $ 106,420 Real Estate Rentals $ 110,930 Per Diem, Fees and Contracts $ 31,600 Total Positions Budgeted 117 Passenger Carrying Motor Vehicles 0

Page 181

Section 47. 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) $ 12,395,000 Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1978, there is hereby appropriated $515,000 to fund H. B. 262. Section 49. This Appropriations Act includes the appropriation of $12,250,000 of Anti-Recession Fiscal Assistance funds for such items of appropriation in this Act as the Governor shall designate. Section 50. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business. Section 51. It is the intent of this General Assembly that to the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:

Page 182

First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 52. 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 53. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.

Page 183

Section 54. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 55. 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 56. 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 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.

Page 184

Section 57. 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 and the amended Budget Report submitted to the General Assembly at the 1978 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 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.

Page 185

Section 58. 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 and the amended Budget Report submitted to the General Assembly at the 1978 regular session. Section 59. It is the intent of the General Assembly that for the purposes of this Act, (1) Passenger-carrying motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use, a substantial portion of which is for the primary purpose of transporting one or more people, and (2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles. Section 60. 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 61. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 62. TOTAL APPROPRIATIONS F.Y. 1978 $ 2,262,816,271.35.

Page 186

Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64. 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 January 23, 1978. MOTOR FUEL TAX LAW. Code Chapter 92-14 Amended. No. 767 (House Bill No. 578). AN ACT To amend Code Chapter 92-14 relative to the taxation of motor fuels and kerosene, as amended, particularly by an Act known as the Motor Fuel Tax Law, approved March 18, 1937 (Ga. Laws 1937, p. 167), as amended, and as otherwise amended, so as to comprehensively and exhaustively revise, supersede and consolidate laws relating to the collection and administration of motor fuel taxes; 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 Chapter 92-14 relative to the taxation of motor fuels and kerosene, as amended, particularly by an Act known as

Page 187

the Motor Fuel Tax Law, approved March 18, 1937 (Ga. Laws 1937, p. 167), as amended, and as otherwise amended, is hereby amended by striking said Chapter in its entirety and substituting in lieu thereof a new Code Chapter 92-14 to read as follows: Chapter 92-14 Motor Fuel Tax 92-1401. Short title. This Chapter shall be known and may be cited as the Motor Fuel Tax Law. 92-1402. Definitions. As used in this Chapter, unless the context otherwise requires, the term: (a) `Aviation gasoline' means gasoline of such quality that is designed and sold for use solely for aviation purposes in aircraft engines. (b) `Aviation gasoline dealer' means any person who sells or consumes aviation gasoline for aviation purposes only. (c) `Commissioner' means the State Revenue Commissioner who shall administer this Chapter and promulgate rules and regulations for the enforcement of this Chapter. (d) `Consumer distributor' means any person who has both highway and nonhighway use of motor fuel, of a type other than gasoline, who elects to become licensed as a distributor to obtain the exemption allowed by this Chapter. (e) `Distributor' means and includes every person, political entity or authority, except the United States of America or any of its agencies: (1) Producing, refining, preparing, distilling, manufacturing, blending or compounding motor fuel in this State; (2) Making the first sale in this State of any motor fuel imported into this State, after the same shall have been received in this State;

Page 188

(3) Consuming or using in this State any motor fuel imported into this State, before it shall have been received by any other person in this State; (4) Purchasing motor fuel for export from this State; (5) Consuming or using motor fuel of a type other than gasoline for both highway and nonhighway use who elects to become licensed as a distributor to obtain the exemption allowed by this Chapter; (6) Selling motor fuel of a type other than gasoline to consumers who have no highway use of such fuel who elects to become licensed as a distributor to obtain the exemptions allowed by this Chapter. (f) `Highway use' means: (1) The consumption or use of motor fuel other than gasoline in or upon a motor vehicle which is operated on the public highway; (2) The placing of motor fuel other than gasoline in the running tank or power cells of a motor vehicle that is designed for use and used on the public highway; (3) Motor fuel other than gasoline that is used for construction, reconstruction, maintenance or repair of public highways. (g) `Motor fuel' means and includes any source of energy that can be used for propulsion of motor vehicles on the public highways, including (1) `Gasoline' means and includes all products commonly or commercially known or sold as gasoline. (2) `Fuel oils' means and includes all other liquid petroleum products including kerosene but shall not include gasoline, compressed petroleum gas or special fuel.

Page 189

(3) `Compressed petroleum gas' means and includes all liquid petroleum products composed of Propane, Propylene, Butanes, Butylenes and any mixture as determined by test method ASTMD-2163-70, Natural Gas Processors Association Liquefied Petroleum Specifications, 1970, Revision. (4) `Special fuel' means all other sources of energy but shall not include gasoline, fuel oils or compressed petroleum gas. (h) `Motor vehicle' means: (1) every self-propelled vehicle designed for operation or required to be licensed for operation upon the public highway, and (2) any other machine or mechanical contrivance using motor fuel, to the extent it is operated upon the public highway. (i) `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. (j) `Public highway' means every way or place of whatever nature generally open to the use of the public, as a matter of right, for the purpose of vehicular travel although same may have never been open or may be temporarily closed for the purpose of construction, reconstruction, maintenance or repair. (k) `Purchase' means any acquisition of ownership. (l) `Received', in addition to its ordinary meaning, means: (1) Motor fuel produced, refined, prepared, distilled, manufactured, blended or compounded within this State; (2) Motor fuel imported into the territorial boundaries of this State which is held for sale, or use or is stored in any receptacle which has withdrawal facilities for sale or use in this State. (m) `Sale' means any exchange, gift, consignment, bailment or any other accounted for or unaccounted for disposition.

Page 190

(n) `Transport tank truck' means and includes any tank truck used to transport motor fuel in bulk quantities. 92-1403. Levy of tax; exemptions and credits. (a) Levy of tax. (1) An excise tax is imposed on all distributors of motor fuel, on the sale or use of motor fuel by them within this State at the rate of seven and one-half cents per gallon. It is the intention of the General Assembly that the legal incidence of the tax be and is hereby imposed upon the distributor. (2) In the event any motor fuels which are not commonly sold or measured by the gallon shall be used in any motor vehicles on the public highways of this State, the Commissioner is authorized and empowered, under such regulations as he may promulgate, to assess, levy and collect a tax upon such fuels in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline, and the determination by the Commissioner of the power potential equivalent of such motor fuels shall be prima facie correct. Upon each such quantity of such fuels used upon the public highways of this State, a tax in the same amount and at the same rate or use per gallon of motor fuel shall be assessed and collected. (3) The tax imposed by this Chapter shall be paid to the State only once in respect to the sale or use of motor fuel. (4) No county, municipality or other political subdivision of this State shall levy any fee, license or other excise tax on a gallonage basis upon the sale, purchase, storage, receipt, distribution, use, consumption or other disposition of motor fuel. Nothing in this Chapter shall prevent counties, municipalities or other political subdivisions of this State from levying license fees or taxes upon the business of selling motor fuel. (b) Exemptions. No tax is hereby imposed upon or with respect to the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor.

Page 191

(2) Sales of motor fuel for export from this State when exempted by any provisions of the Constitutions of the United States of America or of the State of Georgia. (3) Sales of motor fuel to a licensed distributor for export from this State. (4) Sales of motor fuel to the United States of America for the exclusive use of the United States of America when such motor fuel is purchased and paid for by the United States of America. (5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for one cent per gallon of the tax imposed by this Chapter. (6) Bulk sales of fuel oils, compressed petroleum gas or special fuel to a duly licensed consumer distributor. (7) (A) Sales of fuel oils, compressed petroleum gas or special fuel to a consumer who has no highway use of such fuel at the time of the sale and does not resell such fuel. Consumers of such fuel who have both highway and non-highway use, or resellers of such fuel must be licensed as a distributor in order for sales of such fuel to be tax exempt. Each type of motor fuel is to be considered separately under this exemption. (B) In instances where a sale of fuel oils, compressed petroleum gas or special fuel has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on such sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. Thereafter, if demonstrated to the satisfaction of the Commissioner that such motor fuel purchased prior to his becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this Chapter. Provided, however, if at the present time such consumer does not have highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the Commissioner that such motor fuel

Page 192

was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this Chapter. (8) Sales of fuel oils, compressed petroleum gas or special fuel directly to an ultimate consumer to be used for heating purposes only. The delivery of such motor fuel shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualify for this exemption, such sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for such motor fuel. (c) Use by a licensed distributor. Fuel oils, compressed petroleum gas or special fuel used by a duly licensed distributor for nonhighway purposes are exempt from the taxes imposed by this Chapter. 92-1404. Disposition of funds collected. (a) The funds made available by appropriations of the General Assembly to be distributed to the several counties to be used exclusively for the construction and maintenance of the public roads shall be distributed by the Fiscal Division of the Department of Administrative Services before the 10th day of each month to each county treasurer, or other county official or officials authorized to receive county funds in counties not having a county treasurer, the amount distributable each month being one-twelfth of the amounts provided for each county in the following table, to wit: County Amount Appling $38,074.69 Atkinson 27,609.69 Bacon * * Counties with this symbol have increased amounts to figures shown in order to bring them to the average of 14.13 percent. * 21,562.95 Baker 22,251.20 Baldwin 18,840.71 Banks * * 20,573.60 Barrow 24,217.62 Bartow * * 36,861.04 Ben Hill 25,016.48 Berrien 39,448.11 Bibb 23,108.44 Bleckley * * 17,998.86 Brantley 28,135.09 Brooks * * 38,865.35 Bryan 28,423.90 Bulloch * * 64,465.57 Burke * * 75,000.00 Butts 18,462.78 Calhoun 21,406.25 Camden 26,030.40 Candler * * 24,844.41 Carroll 50,097.45 Catoosa 16,941.89 Charlton 32,113.99 Chatham 27,001.32 Chattahoochee 11,783.12 Chattooga * * 22,453.99 Cherokee * * 40,216.23 Clarke 13,500.66 Clay 13,973.83 Clayton 19,101.87 Clinch 44,766.64 Cobb * * 35,917.78 Coffee 39,841.39 Colquitt * * 43,774.21 Columbia * * 24,709.22 Cook * * 18,720.87 Coweta * * 37,690.62 Crawford 24,574.03 Crisp * * 33,241.61 Dade 18,690.15 Dawson 27,833.97 Decatur * * 43,918.62 DeKalb * * 44,573.07 Dodge 42,198.01 Dooly * * 42,342.42 Dougherty 23,102.29 Douglas * * 21,612.13 Early 31,656.19 Echols 26,310.00 Effingham * * 51,077.60 Elbert * * 33,014.24 Emanuel * * 60,964.97 Evans 18,094.08 Fannin * * 19,885.36 Fayette 23,805.90 Floyd * * 34,243.25 Forsyth * * 23,615.40 Franklin 30,900.35 Fulton * * 75,000.00 Gilmer * * 27,572.82 Glascock 13,257.93 Glynn 24,798.32 Gordon * * 26,509.72 Grady 45,755.99 Greene * * 29,895.63 Gwinnett * * 46,250.67 Habersham 28,125.86 Hall 37,592.30 Hancock * * 31,047.83 Haralson * * 29,520.79 Harris 37,254.32 Hart * * 28,669.70 Heard * * 26,617.25 Henry * * 32,246.12 Houston 26,949.09 Irwin * * 22,583.03 Jackson 29,102.93 Jasper 37,595.37 Jeff Davis * * 25,071.77 Jefferson * * 57,867.87 Jenkins * * 22,524.65 Johnson 23,197.54 Jones 27,327.01 Lamar * * 17,190.76 Lanier 31,063.20 Laurens * * 64,652.00 Lee * * 26,869.20 Liberty 36,990.10 Lincoln 21,609.04 Long 19,292.36 Lowndes 46,859.02 Lumpkin 22,868.78 McDuffie * * 23,947.23 McIntosh 17,857.49 Macon 48,727.38 Madison * * 29,914.07 Marion * * 23,332.74 Meriwether 43,393.22 Miller * * 17,267.58 Mitchell 48,825.44 Monroe 39,758.43 Montgomery * * 23,179.10 Morgan * * 30,387.24 Murray * * 20,075.85 Muscogee 27,078.13 Newton 35,290.98 Oconee 17,820.62 Oglethorpe * * 28,556.04 Paulding * * 32,301.42 Peach 15,049.21 Pickens 28,205.75 Pierce 23,108.43 Pike * * 18,398.25 Polk 22,318.80 Pulaski 19,621.12 Putnam * * 26,248.55 Quitman 10,741.53 Rabun 20,321.66 Randolph * * 21,738.09 Richmond * * 38,043.96 Rockdale 18,213.91 Schley 16,932.66 Screven * * 60,547.13 Seminole * * 19,393.75 Spalding * * 21,950.09 Stephens * * 20,109.65 Stewart 20,051.27 Sumter * * 38,590.89 Talbot 31,284.41 Taliaferro 15,122.95 Tattnall * * 37,315.77 Taylor 32,104.78 Telfair 45,104.61 Terrell 22,899.50 Thomas 54,850.65 Tift * * 25,382.10 Toombs * * 34,163.37 Towns 16,170.68 Treutlen 23,154.52 Troup 32,952.79 Turner * * 24,466.49 Twiggs * * 28,918.57 Union 19,396.83 Upson * * 22,893.36 Walker 35,764.15 Walton * * 30,774.37 Ware 42,609.73 Warren 28,371.66 Washington * * 60,362.76 Wayne * * 32,949.72 Webster 15,325.74 Wheeler 26,162.52 White 17,537.95 Whitfield * * 23,028.55 Wilcox 32,157.02 Wilkes * * 25,809.18 Wilkinson * * 27,443.76 Worth * * 42,265.60 TOTAL $4,810,846.70

"GA1978.1.196">

(b) The governing authority of each county shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the year for which such audit was made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of this Section against the amount of funds expended by each county in such year for the purposes authorized by this Section. In the event the State Auditor determines that the amount so expended is less than the amount distributed, he shall certify such amount to the Fiscal Division of the Department of Administrative Services who shall deduct and withhold the certified amount from the next funds to be distributed to such offending county under this Section: Provided, however, that in the event a county expending less than the amount distributed to it shall certify at the time of the submission of its audit or within a reasonable time subsequent thereto, that it is accumulating such

"GA1978.1.197">

funds for a specified allowable purpose and submit proof of the deposit or investment of such funds, then such county will be deemed to have complied with the requirements of this subsection (b) except that the amount of such funds shall be added to the amount of funds distributed to such county in the next succeeding year or years for the purpose of making the comparison and determination provided for herein. Upon certification by the State Auditor to the Fiscal Division of the Department of Administrative Services that the audit required by this subsection from any county has not been received, the Fiscal Division of the Department of Administrative Services shall not distribute any further funds under this Section to such offending county until the State Auditor shall again certify to the Fiscal Division of the Department of Administrative Services that the delinquent audit has been filed. It shall be the duty of the State Auditor to make such certification when no audit is received or when a delinquent audit is received. In the event any county is not now having a regular annual audit made of its funds, the Fiscal Division of the Department of Administrative Services shall not distribute any further funds under this Section to such county until an audit has been made and submitted to the State Auditor. Upon the request of the Governor or the Commissioner of the Department of Transportation, the State Auditor is authorized to audit the books and records of each county to verify the accuracy of the report so filed with him and to insure that the expenditure of such funds has been made for the purposes intended. The above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds. The Secretary of State is hereby directed to mail a copy of this subsection to the chairman and the clerk of the governing authority of each county in this State. (c) The Fiscal Division of the Department of Administrative Services shall pay to each county the amount herein provided for in 12 equal monthly installments and the amount necessary to make said monthly payment to the proper officials of the various counties is hereby appropriated for the purpose and made a special and continuing appropriation. (d) If the Office of Planning and Budget should fail to make available for any quarter of a fiscal year a sum sufficient to pay

"GA1978.1.198">

such appropriation in full, the distribution of funds to the counties hereunder for such quarter of a fiscal year shall be on the basis existing prior to the adoption of this Section: Provided, however, that no county shall receive less than $17,500.00. 92-1405. Applications, bonds and licensing of distributors. (a) It shall be unlawful for any person to act as a distributor unless such person holds an uncancelled distributor's license issued by the Commissioner. Any license issued under this Chapter shall indicate the type of motor fuel the distributor is licensed to distribute. The license issued by the Commissioner under this Chapter is not assignable and is valid only for the person to which issued. The license shall remain in force until cancelled by the Commissioner. Any distributor who holds a valid license when this Chapter becomes effective shall not be required to obtain a new license under this Chapter. (b) To obtain a license every distributor shall file with the Commissioner an application under oath and in such form as required by the Commissioner, including but not limited to the following information: the name of the legal entity, the trade name, the location(s) with street address of principal office or business locations within and without this State and the name, and address of the owner(s) or principal officers of a corporation, trust or association. Upon filing of the application, a filing fee of ten dollars ($10.00) shall be paid to the Commissioner. (c) (1) Concurrent with the filing of an application for a license, a surety bond shall be filed with the Commissioner: (A) In an amount of three times the average monthly motor fuel taxes due during the next preceding twelve months, not less than one thousand dollars ($1,000.00) nor more than seventy-five thousand dollars ($75,000.00); (B) With a surety company approved by the Commissioner; (C) Upon which such distributor shall be the principal obligor and the State shall be the obligee; (D) Conditioned upon the timely filing of true reports and payments by the distributor to the Commissioner of all

"GA1978.1.199">

motor fuel taxes together with all penalties and interest imposed by this Chapter and upon faithful compliance with all provisions of this Chapter. (2) Every bond shall be continuous, and each year shall constitute a separate obligation in the amount of taxes, penalty and interest imposed or levied by this State while the bond is in force. (3) Any surety may be released and discharged from all liability to the State occurring on such bond after the expiration of sixty days from the date upon which surety shall have lodged with the Commissioner written request to be released and discharged. The request shall not relieve, release or discharge such surety from any tax, penalty or interest accrued before the expiration of the sixty-day period. (4) The Commissioner shall promptly notify in writing any distributor of the surety request for release from the bond and unless such distributor files a new bond with an approved surety within the sixty-day period, the Commissioner shall cancel the license of such distributor. (5) In the event that the surety for the distributor has become unacceptable in the opinion of the Commissioner, the Commissioner may require the distributor to file a new bond with an acceptable surety in the same amount and for the same period of time. Upon failure by the distributor to comply within thirty days, the Commissioner shall cancel the license of the distributor. If acceptable surety is furnished, the Commissioner shall cancel the bond that was unacceptable and substitute the new bond. (6) In lieu of a bond executed by a surety, any distributor may furnish his bond not so executed provided that the distributor concurrently deposits and pledges with the Commissioner direct obligations of the United States or bonds guaranteed by it, or bonds of the State of Georgia or bonds of any public authority created by the General Assembly or bonds issued under the provisions of the `Revenue Bond Law', as amended, of three times the full amount of the bond(s) required by this Chapter.

"GA1978.1.200">

92-1406. Licensing of resellers and consumers of fuel oils, compressed petroleum gas or special fuel who elect to become licensed distributors of motor fuel other than gasoline. (a) Any person who has both highway and nonhighway use of fuel oils, compressed petroleum gas or special fuel may elect to become licensed as a distributor of that type of motor fuel. Such distributor shall only then be qualified to purchase motor fuel of that type exempt from the taxes imposed by this Chapter. Such distributor shall be subject to all the provisions of this Chapter. (b) Any person who resells fuel oils, compressed petroleum gas or special fuel may elect to become licensed as a distributor of that type of motor fuel. Such distributor shall qualify to purchase motor fuel of that type exempt from the taxes imposed by this Chapter. Such distributor shall be subject to all of the provisions of this Chapter. 92-1407. Licensing of aviation gasoline dealers. Sellers or consumers of aviation gasoline shall be eligible to become licensed as aviation gasoline dealers. To obtain an aviation gasoline dealer license, such person shall pay a ten dollar ($10.00) fee and file with the Commissioner an application as prescribed by the Commissioner, including, but not limited to the following information: (a) Name of the legal entity, (b) Trade name, (c) Location with street address of principal office or business locations within or without this State, (d) Name and address of the owner(s) or principal officers of a corporation, trust or association. The license issued by the Commissioner under this Chapter is not assignable and is valid only for the person to whom said license is issued. The license shall remain in force until cancelled by the Commissioner. Any aviation gasoline dealer who holds a valid license when this Chapter becomes effective shall not be required to obtain a new license under this Chapter. 92-1408. Discontinuance or transfer of business. When any distributor ceases his operations or has a change in legal entity, the distributor shall notify the Commissioner in writing at least ten days

"GA1978.1.201">

prior to the discontinuance of the operations or the sale or transfer takes effect. Such notice shall give the date of discontinuance, sale or transfer and shall give the name of the entity acquiring the operations. All taxes, penalties and interest due and payable under the provisions of this Chapter shall be paid concurrently with the discontinuance, sale or transfer of the operations. Failure to give such notice as provided shall make the purchaser or transferee liable to the State for all taxes, penalties and interest due, but only to the extent of the value of the assets that were acquired from the distributor. 92-1409. Tax reports; computation of tax due; distributor's allowance for losses; payment of tax due; record-keeping requirements. (a) For the purpose of determining the amount of tax imposed by this Chapter, each distributor shall file with the Commissioner by the 20th day of each calendar month a report for the preceding calendar month's activities, on forms prescribed by the Commissioner. Such report shall establish total accountability for the motor fuel, as well as any other information required by the Commissioner. (b) At the time of rendering such report, the distributor shall pay to the Commissioner the tax imposed by this Chapter on all gasoline, fuel oils, compressed petroleum gas, special fuel and aviation gasoline sold or used in this State during the next preceding calendar month, less an allowance of one percent of the first five and one-half cents per gallon of the State tax paid to cover losses and expenses incurred in reporting the tax to the State, provided this allowance shall not be deductible unless the payment of tax is made on or before the 20th day of the month as required by this Chapter. (c) (1) Every distributor or aviation gasoline dealer licensed by the Commissioner shall keep such records as the Commissioner shall require for the effective administration of this Chapter and for the reporting and justification of the amount of tax liability. The records must include but are not limited to all motor fuel received, sold, delivered or used, within this State and all motor fuel exported from this State for a period of three years. Invoices, bills of lading, and other papers must be maintained in an auditable manner to support the reports filed with the Commissioner. When an exemption from the taxes imposed by this Chapter has been taken by the distributor, the records

"GA1978.1.202">

and papers of the distributor must account for the motor fuel and the exemption from the taxes imposed. (2) All other persons receiving motor fuel in bulk quantities for sale, distribution, use or consumption and not specifically covered by this Chapter shall maintain and keep records of motor fuel received and all invoices, bills of landing and other records required by the Commissioner for a period of three years. (3) Every person who sells motor fuel at retail must make such sales through pumps equipped with meters or totalizers. Every person making such sales must maintain for a period of three years records of gallons received and sold to account for all motor fuel. (4) The Commissioner or his authorized agents shall have the right during regular business hours to inspect the books and records of any distributor, aviation gasoline dealer or any other person that receives, sells, uses or consumes motor fuel. The Commissioner or his agents may inspect the books and records of any person that the Commissioner may believe has information that could be related to the enforcement of any revenue laws of this State. 92-1410. Transportation and delivery of motor fuel; reports from persons not licensed as motor fuel distributors; licensing persons to transport motor fuel. (a) Every railroad company, every street, suburban or interurban railroad company, every pipeline company, every water transportation company and every common or contract carrier transporting motor fuel either in interstate or in intrastate commerce, to points within this State, and every person transporting motor fuel by whatever manner to a point in this State from any point outside of this State, and every such person transporting motor fuel from a point in this State to a point outside of this State shall report under oath to the Commissioner on forms prescribed by the Commissioner, all deliveries of motor fuel so made. Reports shall be filed by the 20th of each calendar month to cover the preceding calendar month's activities. (b) The Commissioner shall assign a tank registration number to each person transporting motor fuel over the public highways or navigable waters of this State and furnish a separate tank identification

"GA1978.1.203">

card for each transport tank truck or vessel operated within this State. (1) The registration number shall be displayed continuously and conspicuously on the truck, tank or vessel operated by persons transporting motor fuel. The identification card issued for each such truck or vessel shall be available for inspection by the Commissioner's agents and remain with such truck or vessel when transporting motor fuel on the public highways or navigable waters of this State. (2) Tank registration numbers are not transferable and are valid only for the person so issued. (3) Tank identification cards are not transferable and are valid only for the transport tank truck or vessel for which issued. (c) No person shall transport motor fuel in this State except in a transport tank truck or vessel which is visibly marked on each side and on the rear of the transport tank truck or vessel the words `Motor Fuel', `Flammable' or other indication of the type of product being transported suitable to the Commissioner or other regulatory agencies, together with the name and address of the owner of such transport tank truck or vessel and the tank registration number. These provisions shall not apply to vehicles or vessels transporting motor fuel contained in their running tanks used solely for their propulsion nor to vehicles or vessels transporting motor fuel of not more than five gallons for emergency purposes. (d) Every person transporting motor fuel over the public highways or navigable waters of this State shall have in their possession an invoice, bill of sale, or other document which will identify the true name and address of the person from whom such motor fuel was received, the number of gallons originally received, the true name and address of every person who has received any part of such fuel, and the number of gallons delivered to such persons. Failure to produce such invoice, bill of sale, or other document when demanded, or if when produced said document fails to meet the requirements of this Section, shall be prima facie evidence of a violation of this Chapter.

"GA1978.1.204">

(e) Delivery of motor fuel from a transport tank truck or vessel directly into the fuel tank of any motor vehicle in this State is prohibited except in cases of emergency. (f) No motor fuel shall be unloaded from a transport tank truck, or other vehicle, or conveyed by any other manner into storage tanks, or other equipment located at any motor fuel service station or any other place of business at which motor fuel is offered for sale at retail to the public, between the hours of 9:00 p.m. and 5:00 a.m. of any day. (g) Every other person purchasing or otherwise acquiring motor fuel in bulk quantities for sale, use or other disposition in this State, not required to be licensed as a distributor by this Chapter, may be required to file by the 20th day of each calendar month a report on forms prescribed by the Commissioner to account for all such motor fuel acquired during the next preceding calendar month. 92-1411. Refunds of motor fuel taxes. Retail dealers, persons using gasoline for agricultural purposes and foreign governments are entitled to a refund as provided by this Section. The right to receive any refund shall not be assignable and any assignment shall be void and of no effect. No payment shall be made by the Commissioner to any person other than the original person entitled to the refund. To enable the Commissioner to make the refunds as authorized by this Section, the Fiscal Division of the Department of Administrative Services, from warrants drawn by the Governor, shall remit to the Commissioner from funds appropriated by law an amount equivalent to the refunds. Before the Governor issues a warrant for the funds, he shall require that the Commissioner certify the name of each applicant and the amount to which each applicant is entitled. In order for any person to be eligible for the refund provided by this Section, such person must obtain a refund permit issued by the Commissioner. The permit application shall state such information as required by the Commissioner to establish the right of the person to obtain a refund. In order to receive such refunds the applicant must file with the Commissioner a claim as prescribed by the Commissioner and attach invoices to show proof of purchase, payment of tax, and total accountability of the motor fuel handled, consumed or sold. Invoices submitted for proof of purchase shall contain no alterations

"GA1978.1.205">

or corrections to the name or dates originally shown on the invoice and no invoice will be acceptable to support the refund claim that bears a date falling within a period of time covered by a previously paid refund claim. (a) Agricultural refunds. Every person who purchases gasoline in quantities of 25 gallons or more and the gasoline is used in operating farm tractors and other equipment used for the production of agricultural crops on land owned or leased by the applicant shall be entitled to a refund of all of the State motor fuel taxes imposed on gasoline except one cent per gallon subject to the rules and regulations adopted by the Commissioner. All applications for refunds must be filed with the Commissioner within eighteen months from the date of purchase of the gasoline on which refund is claimed. (b) Retail dealers. Every person who purchases motor fuel in bulk quantities and sells such motor fuel at retail shall be entitled to a refund of two percent of the first five and one-half cents per gallon of the motor fuel taxes paid to cover losses for evaporation, shrinkage and spillage. A licensed distributor of a type of motor fuel is not entitled to this refund on fuel for which the distributor holds a license. All applications for refunds must be filed with the Commissioner within six months from the date of purchase of such motor fuel on which refund is claimed. Separate claims shall be made to reflect the operations of each retail location at which motor fuel is sold at retail if more than one retail location is operated by the applicant. (c) Refunds to foreign government officials. Every person who is an employee of a foreign government which has established a consulate in this State shall be entitled to a refund of all of the State motor fuel taxes paid on motor fuel for official use. The person entitled to the refund shall not be otherwise engaged in any private occupation for gain in this State. Refunds paid are subject to the rules and regulations adopted by the Commissioner. All applications for refunds must be filed with the Commissioner within twelve months from the date of purchase of such motor fuel on which refund is claimed. 92-1412. Taxes erroneously or illegally collected. In the event that it shall appear to the Commissioner that any taxes, penalties

"GA1978.1.206">

or interest imposed by this Chapter have been erroneously or illegally collected from any distributor, the Commissioner shall refund such amounts. No refunds shall be issued under this provision unless a written claim on forms prescribed by the Commissioner is filed stating the circumstances or reason that the applicant is claiming the refund. The claim for refund of taxes erroneously or illegally collected must be filed with the Commissioner within three years from the date of payment of the taxes erroneously or illegally collected. Provisions for such refunds shall be in accordance with an Act approved January 3, 1938 (Ga. Laws 1937-38, Extra. Sess., p. 77), as amended. 92-1413. Powers of the Commissioner. In addition to his other duties and responsibilities to administer this Chapter, the Commissioner is empowered and given the authority but is not limited to the following: (a) Denial or cancellation of distributor and aviation gasoline dealer license. (1) Deny or cancel any distributor's or aviation gasoline dealer's license if the Commissioner shall be of the opinion that the license application is not filed in good faith or is filed by some person as a subterfuge for any other person. (2) Cancel any distributor's or aviation gasoline dealer's license for failure to comply with any provisions of this Chapter or rules and regulations adopted by the Commissioner. (3) The Commissioner shall notify the distributor or aviation gasoline dealer in writing of such cancellation of the license by certified mail to the last known address of the distributor or aviation gasoline dealer appearing on the files of the Commissioner. (4) Upon receipt of a written request from any distributor or aviation gasoline dealer licensed under this Chapter to cancel the license issued to such distributor or aviation gasoline dealer, the Commissioner shall have the power to cancel such license. The distributor or aviation gasoline dealer shall surrender to the Commissioner the license certificate issued.

"GA1978.1.207">

(5) If, upon investigation or information obtained from the distributor's monthly report, the Commissioner shall ascertain that any distributor to whom a license has been issued is no longer engaged in the receipt, use or sale of motor fuel, and has not been so engaged for a period of six months, or no longer qualifies as a distributor under this Chapter, the Commissioner may cancel the license of such distributor. Written notice of such cancellation shall be mailed to the last known address of the distributor in which event the license certificate previously issued to such distributor shall be surrendered to the Commissioner. (6) Reinstate a cancelled license when information is provided at a hearing or otherwise within thirty days of cancellation which satisfies the Commissioner that the license should be reinstated. (7) In the event that the license of any distributor shall be cancelled by the Commissioner under the authority of this Chapter, the Commissioner shall hold the bonds of the distributor for a period of three years against any liabilities of the distributor. In no event shall any bonds surrendered release any liability. (b) Denial of refunds. (1) If, in the opinion of the Commissioner, any refund application filed by an applicant shall contain a false statement or if the applicant is indebted to the State, the Commissioner shall decline to approve the refund payment until the applicant has complied with the laws of this State. Payment of the refund will be made subject to the provisions of this Chapter if the Commissioner finds that the applicant is justly entitled to the refund. (2) If the Commissioner concludes that any retail dealer, person using gasoline for agricultural purposes, or any foreign government official has willfully violated the provisions of this Chapter or willfully failed to comply with the rules and regulations adopted by the Commissioner for the administration of this Chapter, the Commissioner may suspend the right of the refund privilege of such person for a term of not more than twelve months.

"GA1978.1.208">

(c) The Commissioner shall promulgate rules and regulations that will achieve the most efficient and economical administration of this Chapter. Such rules and regulations shall establish administrative procedures that are consistent with the laws of this State. (d) The Commissioner may waive the bond and the report required of a licensed distributor of fuel oils, compressed petroleum gas or special fuel. Such distributor shall have no taxable sales of such fuel, and receipts must not exceed 12,000 gallons per year. (e) The Commissioner may enter into agreements with appropriate authorities of other jurisdictions having statutes similar to this Chapter for cooperative audit of any taxpayer's reports and refunds. In performing such audits or parts thereof, the officers and employees of other jurisdictions shall be deemed authorized agents of the Commissioner for such agreed upon purpose. (f) The Commissioner may enter into agreements with appropriate authorities of other states who enforce the motor fuel tax laws of other states to exchange information relative to the manufacture, receipt, sale, use or transportation of motor fuel. (g) The Commissioner shall make the motor fuel tax records available for inspection by the public at reasonable times. The Commissioner may charge a fee for special requests of prepared information based on the cost to prepare such information. (h) The Commissioner shall have the authority to appoint revenue agents for the enforcement of the provisions of this Chapter. The appointed agents shall have all powers of a police officer of this State when engaged in the enforcement of this Chapter. (i) When any distributor neglects, or refuses to file the required reports or fails to maintain auditable records that account for tax exemptions taken on motor fuel as required by the provisions of this Chapter, or shall file an incorrect or fraudulent report, the Commissioner or his authorized agents shall determine from the best information available the number of gallons of motor fuel that is to be taxed. The Commissioner shall impose the tax, penalty and interest due. Estimates by the Commissioner or his authorized agents shall be prima facie evidence of the claim of the State and the burden of proof to establish the accountability of motor fuel shall be on the distributor to show the assessment is incorrect and contrary to law.

"GA1978.1.209">

(j) The Commissioner or his delegates may, before the expiration of time provided by this Chapter, enter into an agreement with the taxpayer in writing to extend the expiration of the time prescribed for assessments and refunds of taxes imposed by this Chapter. The period so agreed upon may be extended by subsequent agreements made in writing before the expiration of the period previously agreed upon. (k) The Commissioner shall prepare and furnish to each known selling licensed distributor a list showing the name and address of each licensed distributor of motor fuels as of the beginning of each fiscal year, and shall thereafter, during each year, supplement such list monthly. 92-1414. Assessments and collection of deficiencies. (a) When any distributor is in default in the payment of any taxes due under this Chapter, the Commissioner shall assess the taxes due as provided by an Act approved January 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 77), as amended. Any assessment for taxes due under this Chapter shall be made within the time limits provided as follows: (1) Where the distributor has filed a timely report under this Chapter, any additional assessment shall be made by the Commissioner within three years from the last date upon which the report could be timely filed by the distributor. (2) Where the distributor has filed a report under this Chapter which contains fraudulent statements or omissions of material facts, the effect of which makes the taxpayer's report a fraudulent representation, the Commissioner may reopen the tax period and make any additional assessment of taxes due at any time within seven years from the time the report could have been filed by the taxpayer under the law without delinquency. (3) Where the distributor has filed no return, the taxes may be assessed at any time. (b) Any interest, penalty, fine, or tax imposed by this Chapter that is due and unpaid, shall be a lien in favor of the State upon all franchises, property and rights to property, whether real or personal of the person liable for the amount due from the date said amount is

"GA1978.1.210">

due. Such lien shall have priority over any lien or incumbrance except the lien of other State taxes having priority by law and except that such lien shall not have priority as against any bona fide mortgagee, deeds to secure debt, pledgee, judgment creditor or purchaser whose rights shall have attached prior to the time when the Commissioner shall have filed notice of the lien with the superior court of the county in which the principal place of business and property of such person is located (for which filing no fee shall be required). The Commissioner may proceed to collect any amount due and unpaid under this Chapter by levy, garnishment, attachment or suit or any other method provided by law for the collection of delinquent State taxes. (c) Any sheriff, receiver, assignee, master or other officer, at the time of advertising for sale the property or franchise of any person who is a distributor, is directed to file with the Commissioner a statement containing the following information: (1) Name or names of the plaintiff or party at whose instance or upon whose account the sale is made; (2) Name of the person whose property or franchise is to be sold: (3) The time and place of sale; (4) The nature of the property and the location of the same. 92-1415. Penalties and interest. (a) When any distributor or other person required to file a report as provided by this Chapter fails to file such report within the time prescribed, he shall be subject to a penalty of $50.00 for each failure to file. (b) When any distributor fails to pay the tax or any part of the tax due as provided by this Chapter, such person shall be subject to a penalty of 10% of the amount of unpaid taxes due. (c) In the case of a false or fraudulent return or the failure to file a return, a specific penalty of fifty percent (50%) of the tax due shall be assessed.

"GA1978.1.211">

(d) When any distributor fails to pay the tax or any part of the tax due as provided by this Chapter, such person shall pay interest on the unpaid tax at the rate of one percent per month from the time the tax became due until paid. Interest shall be computed on the basis of one percent for any portion of a month that is delinquent. (e) All penalties and interest imposed by this Chapter shall be payable and collected by the Commissioner in the same manner as if they were a part of the taxes imposed by this Chapter. 92-1416. Aide in enforcement. The Director of the Department of Public Safety, any sheriff, or any peace officer is authorized and directed to assist in enforcing the provisions of this Chapter. They shall have the powers, including the power of making arrests, serving process and appearing in court, for the enforcement and administration of this Chapter. 92-1417. Taxes to be paid into general fund of the State. All taxes, penalties, interest and fees collected by the provisions of this Chapter shall be paid to the Fiscal Division of the Department of Administrative Services to the credit of the general fund of this State. 92-1418. Criminal provisions and procedures. (a) Any person who shall: (1) refuse or neglect to make any statement, report or return required by the provisions of this Chapter, (2) knowingly make or aid or assist any other person in making a false statement in a return or report to the Commissioner, (3) knowingly collect or attempt to collect or cause to be paid to him or to any other person either directly or indirectly any refund of such tax without being entitled to the refund, (4) fail to remit the tax to the State, (5) engage in business in this State as a distributor without being licensed as provided by this Chapter, or (6) sell, import or use any motor fuel purchased by such person from any person other than a duly licensed distributor upon which the tax imposed and not exempted by this Chapter has not been paid, shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than $1,000.00 nor more than $10,000.00 or imprisonment for a term of not less than thirty days and not more than twelve months or both such fine and imprisonment. Each day or part thereof during which any person shall engage in business as a distributor

"GA1978.1.212">

without being the holder of an uncancelled license shall constitute a separate offense within the provisions of this Chapter. (b) Any person who purchases tax-exempt motor fuel from a licensed distributor for nonhighway use who uses or permits such motor fuel to be used for highway purposes shall be guilty of a misdemeanor and upon conviction thereof such person shall be punished by a fine of not less than $1,000.00 nor more than $10,000.00 or imprisonment of not less than thirty days nor more than twelve months or both such fine and imprisonment. (c) When any person not required by the provisions of this Chapter to be licensed as a distributor of motor fuel who is required to file reports as provided by this Chapter shall willfully fail to file such report by the 20th day of the succeeding month for its activities or when such person shall willfully fail to remit in such monthly reports the data required by the Commissioner for proper administration of this Chapter, such person shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than $100.00 for the first offense and not less than $1,000.00 for each subsequent offense. (d) Any person violating any of the provisions of this Chapter including record keeping or who shall fail to do any other act required by this Chapter shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than $1,000.00 or imprisonment for not more than twelve months or both such fine and imprisonment. 92-1419. 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 under laws in force immediately prior to the effective date of this Chapter. Section 2. (a) Effective on the same date as the effective date of this Act, the following laws are hereby repealed in their entirety:

"GA1978.1.213">

(1) Code Section 92-9905, relating to failure of motor fuel distributor to register, file statement, etc. (2) Code Section 92-9906, relating to motor fuel distributors, violation of other provisions of Motor Fuel Tax Law. (3) An Act amending Code Section 92-1410, relative to the distribution of the money derived from the gasoline tax to counties, so as to provide that said money shall be paid to counties on a monthly basis, approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 258). (4) An Act entitled An Act to amend an Act entitled an Act to amend an Act known as the Motor Fuel Law (Ga. Laws 1937, pp. 167-207), as amended, Code Section 92-1403 of the 1933 Code of Georgia, by striking the word `six' and the figures `(0.06)' and `12' in subsections a, e, h(6), and substituting in lieu the word `seven' and the figures `(0.07)' and `14'; by providing the period for which this law shall remain in force; to repeal subsections A, B, C, D and E of Section 92-1404 of the Code, as amended, relating to the disposition of road funds; and for other purposes., approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 19). (5) An Act entitled An Act to authorize the ordinaries or commissioners of roads and revenues of certain counties in this State to use funds prorated to such counties from the allocation of gasoline taxes in retiring road bonds issued by such counties; and for other purposes., approved August 27, 1931 (Ga. Laws 1931, Ex. Sess., p. 183). (6) An Act entitled An Act to authorize certain counties having a population of not less than 21,325 and not more than 21,335, according to the census of 1930 and any future census, to expend and employ the funds paid to it under the Motor Fuel Tax Act, for the purpose of paying interest on and providing a sinking fund to retire bonds issued by such county for funds to build State-aid Roads,, approved March 23, 1933 (Ga. Laws 1933, p. 199). (7) An Act entitled An Act to authorize the Ordinary or Commissioners of Roads and Revenues of certain counties in this

"GA1978.1.214">

State to use funds prorated to such counties from the allocation of gasoline taxes in retiring road bonds; and for other purposes., approved March 24, 1933 (Ga. Laws 1933, p. 200). (8) An Act amending the Motor Fuel Tax Law (Ga. Laws 1937, p. 167), as amended, so as to change provisions relative to the issuance of certain permits, approved February 15, 1949 (Ga. Laws 1949, p. 581). (9) An Act amending the Motor Fuel Tax Law (Ga. Laws 1937, p. 167), as amended, so as to change the provisions relative to the tax upon motor fuels, approved February 21, 1951 (Ga. Laws 1951, p. 446). (10) An Act amending the Motor Fuel Tax Law (Ga. Laws 1937, p. 167), as amended, so as to repeal a provision relative to the refund of tax paid on gasoline used on navigable waters and providing there shall be no such refund, approved March 15, 1963 (Ga. Laws 1963, p. 138). (11) An Act defining the terms agricultural products, agricultural commodities and farm products and providing that such definitions shall apply to the Motor Fuel Tax Law, approved March 10, 1964 (Ga. Laws 1964, p. 296). (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. Existing actions and violations. Repeal of Chapter 92-14 by this Act and the repeal of any other law by this Act 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 Act insofar as possible. All such laws shall be deemed to continue in force to the extent made necessary by this provision. 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

"GA1978.1.215">

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 on January 1, 1979. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 9, 1978. INSURANCE CODE AMENDEDCONFIDENTIAL INFORMATION. Code Sections 56-1313, 56-9912 Amended. No. 768 (House Bill No. 929). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to clarify exceptions to the prohibited disclosure of certain information; to provide for certain penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is hereby further amended by striking from Code Section 56-1313 the words, other than an,

"GA1978.1.216">

and substituting in lieu thereof the following: , except that upon request such information shall be divulged and disclosed to any officer or representative of any political subdivision of the State which has an ordinance on file with the Insurance Commissioner as contemplated by Code Section 56-1310 (2) (d) and which has designated such officer or representative to the Insurance Commissioner in writing over the signature of an officer of the political subdivision. Information so divulged and disclosed shall be used by such political subdivisions, their agents, employees, officers or representatives only for the purpose of assisting in the enforcement of local ordinances and shall not be divulged by the agents, employees, officers or representatives of such political subdivisions except as may be reasonably required in connection with the enforcement and collection of any taxes due under such ordinances. The Insurance Commissioner shall not be responsible for the use or disclosure of any such information by such political subdivisions or by their agents, employees, officers or representatives. Such information may also be disclosed to any other, so that when so amended Code Section 56-1313 shall read as follows: Section 56-1313.Confidential treatment. The information secured by the Commissioner incident to the administration of any tax provided for in this Chapter or elsewhere in this Title shall be confidential and privileged. Neither the Commissioner nor any members of his staff or any of his authorized representatives shall without prior written consent of the taxpayer divulge or disclose any such confidential information obtained from the Insurance Department's records, or from an examination of the business of the taxpayer to any person, except that upon request such information shall be divulged and disclosed to any officer or representative of any political subdivision of the State which has an ordinance on file with the Insurance Commissioner as contemplated by Code Section 56-1310 (2) (d) and which has designated such officer or representative to the Insurance Commissioner in writing over the signature of an officer of the political subdivision. Information so divulged and disclosed shall be used by such political subdivisions, their agents, employees, officers or representatives only for the purpose of assisting in the enforcement of local ordinances and shall not be divulged by the agents, employees, officers or representatives of such political

"GA1978.1.217">

subdivisions except as may be reasonably required in connection with the enforcement and collection of any taxes due under such ordinances. The Insurance Commissioner shall not be responsible for the use or disclosure of any such information by such political subdivisions or by their agents, employees, officers or representatives. Such information may also be disclosed to any other officer or representative of a State or local government entitled to such information in his official capacity, or to the taxpayer or his authorized representative. Provided that the Insurance Commissioner may furnish such confidential information to the appropriate insurance regulatory, tax or legal official of another state, territory, country or of the United States government, if the office or officer of said state, territory, country or of the United States government makes its own such records available to the Commissioner. Section 2. Said Code Title is further amended by adding in Code Chapter 56-99 a new Code Section to be designated Code Section 56-9912, to read as follows: 56-9912. Divulging information regarding insurance taxes. Any person who commits an offense against Code Section 56-1313, prohibiting the divulging of information concerning insurance taxes, 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 imprisoned for not less than one month nor more than twelve months, or both; and if the offender is an officer or employee of the State, he shall be dismissed from office and be incapable of holding any public office in this State for a period of five years thereafter. 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 February 13, 1978.

"GA1978.1.218">

GEORGIA PLANT FOOD ACT OF 1970 AMENDED. No. 770 (House Bill No. 1150). AN ACT To amend an Act known as the Georgia Plant Food Act of 1970, approved March 23, 1970 (Ga. Laws 1970, p. 609), so as to change certain definitions; to change the provisions relating to deficiencies of water insoluble nitrogen; to change the provisions relating to minimum plant nutrient content; to provide that certain specialty fertilizers shall not be subject to the provisions relating to minimum plant nutrient content; 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 Plant Food Act of 1970, approved March 23, 1970 (Ga. Laws 1970, p. 609), is hereby amended by adding at the end of subsection D. of Section 3 of said Act, the following: `Specialty fertilizer' also includes any commercial fertilizer distributed in packages containing 16 ounces or less and designed primarily for use on household plants grown for noncommercial purposes., so that when so amended subsection D. of Section 3, shall read as follows: D. A `specialty fertilizer' is a commercial fertilizer distributed primarily for nonfarm use such as, but not limited to, home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries. `Specialty fertilizer' also includes any commercial fertilizer distributed in packages containing 16 ounces or less and designed primarily for use on household plants grown for noncommercial purposes.

"GA1978.1.219">

Section 2. Said Act is further amended by striking from subsection (B) of Section 8 of said Act, the following: of 20 percent or more, and inserting in lieu thereof, the following: of more than 20 percent, so that when so amended subsection (B) of Section 8 of said Act, shall read as follows: (B) Water insoluble nitrogen: In grades where permitted water insoluble nitrogen shall be claimed and stated in the actual percent as present, the total of the water insoluble nitrogen plus all other forms of nitrogen claimed shall be equal to the total nitrogen claimed. If there is a deficiency of more than 20 percent of the water insoluble nitrogen, as claimed, a penalty of three times the commercial value of the deficiency of water insoluble nitrogen shall be assessed. Section 3. Said Act is further amended by adding at the end of Section 9 of said Act, the following: Provided further, however, a specialty fertilizer which is distributed in packages containing 16 ounces or less and designed primarily for use on household plants grown for noncommercial purposes shall not be subject to the provisions of this Section., so that when so amended Section 9, shall read as follows: Section 9. Minimum Plant Nutrient Content. No superphosphate containing less than 18 percent available phosphoric acid (P2O5), nor any mixed fertilizer in which the guarantees for the nitrogen (N), available phosphoric acid (P2O5) and potash (K2O) totals less than 20 percent shall be distributed in this State except for basic slag blends which contain not less than 15% plant food or complete fertilizers branded for use on tobacco. Such tobacco fertilizers shall be labeled in accordance with regulations specifically

"GA1978.1.220">

covering tobacco fertilizers. Certain specialty fertilizers for nonagricultural use may be permitted to deviate from the requirements of this paragraph, however, each brand and grade shall be submitted for registration prior to offering for sale, and its acceptance and registration shall be based on the merit of and intended use of the product; such products shall not deviate more than 10 percent from the minimum requirements as set forth above. Provided further, however, a specialty fertilizer which is distributed in packages containing 16 ounces or less and designed primarily for use on household plants grown for noncommercial purposes shall not be subject to the provisions of this Section. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1978. STATE AUDITORREPORT OF SALARIES, ETC. OF STATE PERSONNEL. Code Section 40-1814 Amended. No. 772 (House Bill No. 121). AN ACT To amend Code Section 40-1814, relating to the annual report of the State Auditor, so as to provide for the public inspection of said report; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 40-1814, relating to the annual report of the State Auditor, is hereby amended by striking from the first sentence thereof the word publish and substituting in lieu thereof the word prepare, and by adding at the end thereof the following sentence:

"GA1978.1.221">

Such report shall be kept in the Auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request., so that when so amended, said Code Section shall read as follows: 40-1814. Reports of State Auditor showing personnel of departments, salaries, etc. The State Auditor shall prepare by July 1 of each year a report showing the entire personnel of every office, institution, board, department, and commission in the Executive Department of the State Government, listing name, address, duty, salary, and expense incurred by such individual, which information shall be allocated to the respective office, board, commission, institution, or department affected, the total cost of the maintenance of which for the period audited shall be stated with the appropriation allowed for the support of same. Copies of said report shall be furnished to each member of the General Assembly. Such report shall be kept in the Auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1978. JURY DUTYPERSONS 65 YEARS OF AGE OR OLDER. Code Section 59-112 Amended. No. 773 (House Bill No. 123). AN ACT To amend Code Section 59-112 relating to persons exempt from jury duty, as amended, particularly by an Act approved April 18,

"GA1978.1.222">

1967 (Ga. Laws 1967, p. 725) and by an Act approved April 18, 1975 (Ga. Laws 1975, p. 779) so as to delete the exemption for persons who are sixty-five (65) years of age or older; to provide that persons who are sixty-five (65) years of age or older may be exempt from jury duty 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 59-112 relating to persons exempt from jury duty, as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 725) and by an Act approved April 18, 1975 (Ga. Laws 1975, p. 779) is hereby amended by striking paragraph 6 of subsection (a) thereof which reads as follows: 6. Persons who are sixty-five (65) years of age or older., in its entirety. Section 2. Said Code Section is further amended by adding at the end thereof a new subsection (e) to read as follows: (e) Any person who is sixty-five (65) years of age or older who does desire to serve upon juries shall notify the jury commissioners of the county in which such person resides in writing to that effect, and thereupon the jury commissioners shall place the name of such person in the jury box for said county. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1978.

"GA1978.1.223">

INSTITUTIONAL LICENSES FOR CERTAIN PHYSICIANS. Code Section 84-927 Amended. No. 774 (House Bill No. 1229). AN ACT To amend Code Section 84-927, relating to institutional licenses to certain persons, as amended, so as to permit licensure to those individuals who have resided in the United States for one year; to require the applying physician to submit documentation of one year of AMA or AOA approved training or its equivalent and provide for a waiver of the post-graduate training requirement to teaching physicians and restrict the institutional license holder from applying for a DEA registration to write prescriptions to be filled outside the institution; 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 84-927, relating to institutional licenses to certain persons, as amended, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 84-927, to read as follows: 84-927. Institutional Licenses to Certain Persons. (a) Notwithstanding any other provision of law to the contrary, any person who has resided in the United States 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

"GA1978.1.224">

medical college requesting the license: Provided however, such institutional 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. (b) 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 care. (c) 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. (d) Any physician applying for an institutional license, who meets all other requirements of the board, must also furnish documentation of one year of AMA or AOA approved post-graduate training (internship or residency), or other training acceptable to the board. Any post-graduate training requirement may be waived for those physicians whose duties are strictly of a teaching nature in one of the medical colleges in Georgia. (e) Institutional license holders shall not be permitted to apply for a DEA registration number to write prescriptions to be filled outside the institution. 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 February 24, 1978. This Act does not contain a Section 2.

"GA1978.1.225">

MOTOR VEHICLESREVOCATION OF OPERATOR'S PERMITS. Code Title 68B Amended. No. 775 (House Bill No. 1248). AN ACT To amend Article III of Code Title 68B, relating to cancellation, suspension, and revocation of drivers' licenses, as amended, so as to change certain time limitations; to change the provisions relating to the suspension of drivers' licenses; to change the provisions relating to habitual violators; to change the provisions relating to limited drivers' permits; to change the provisions relating to periods of suspension; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article III of Code Title 68B, relating to cancellation, suspension, and revocation of drivers' licenses, as amended, is hereby amended by striking from subsection (a) of Code Section 68B-308, the following: 10, and inserting in lieu thereof the following: 5, so that when so amended, subsection (a) of Code Section 68B-308 shall read as follows: (a) When the records of the Department disclose that any person has been convicted of a violation of Georgia Code Title 68A or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after the effective date of this Act, which record of conviction, when taken with, and added to, the previous convictions of such person of offenses occurring within 5 years prior to the date of such offenses, as contained in the files of the Department, shall reveal that said person is an habitual violator, as hereinafter defined in this Section, the Department shall forthwith notify such person

"GA1978.1.226">

that upon the date of notification such person has been declared by the Department to be an habitual violator, and that henceforth it shall be unlawful for said habitual violator to operate a motor vehicle in this State. Notice shall be given by certified mail, with return receipt requested; or in lieu thereof notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be thereby revoked and shall be surrendered to the Department within 10 days of notification of such determination. Section 2. Said Article III of Code Title 68B is further amended by striking subsection (c) of Code Section 68B-308, which reads as follows: (c) It shall be unlawful for any person to operate any motor vehicle in this State after such person has received notice that his driver's license has been revoked, as provided in subsection (a), and who thereafter has not obtained a valid driver's license. Any person declared to be an habitual violator and whose driver's license has been revoked under the provisions of this section who is thereafter convicted of operating a motor vehicle, while his license is so revoked, shall, upon such conviction, be punished by confinement in the penitentiary not less than one, nor more than five, years, and no portion of the sentence may be suspended, rebated or probated., and inserting in lieu thereof a new subsection (c) of Code Section 68B-308, to read as follows: (c) It shall be unlawful for any person to operate any motor vehicle in this State after such person has received notice that his driver's license has been revoked, as provided in subsection (a), and who thereafter has not obtained a valid driver's license. Any person declared to be an habitual violator and whose driver's license has been revoked under the provisions of this Section who is thereafter convicted of operating a motor vehicle, while his license is so revoked, may, upon such conviction, be punished by confinement in the penitentiary not less than one nor more than five years. Section 3. Said Article III of Code Title 68B is further amended by striking from subsection (a) of Code Section 68B-311, the following:

"GA1978.1.227">

ten, and inserting in lieu thereof the following: five, so that when so amended, subsection (a) of Code Section 68B-311 shall 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 license 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 five years prior to the date of the most recent conviction. Section 4. Said Article III of Code Title 68B is further amended by striking from paragraphs 2 and 3 of subsection (a) of Code Section 68B-312, the following: 10, and inserting in lieu thereof the following: 5, so that when so amended, subsection (a) of Code Section 68B-312 shall read as follows: (a) Any person who is convicted of an offense listed in Section 68B-305 of this Title or has such points assessed against him as to require the suspension of his license pursuant to Section 68B-307 shall have his license suspended as follows: 1. Upon a first conviction of any such offense or assessment of the requisite points, the period of suspension shall be one year: Provided, that at any time after 60 days of suspension, such person may apply to the Department for the return of his license; and further

"GA1978.1.228">

provided that for the purposes of this paragraph 1, an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs shall not constitute a conviction. 2. For a second conviction of any such offense or assessment of the requisite points within 5 years, the period of suspension shall be 3 years: Provided that for the purposes of this paragraph 2, all accepted pleas of nolo contendere to a charge of driving under the influence of alcohol or drugs, made or accepted within 5 years of a previous conviction, shall be considered convictions; and further provided, that at any time after 90 days of suspension, such person may apply to the Department for the return of his license. 3. For a third assessment of requisite points or third conviction of any such offense within 5 years, such person shall be considered a habitual violator, and his license shall be revoked as provided for in Section 68B-310(a)(1) of this Title: Provided that for the purposes of this paragraph 3, all accepted pleas of nolo contendere shall be considered convictions. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1978. CRIMESCRUELTY TO CHILDREN. Code Section 26-2801 Amended. No. 776 (House Bill No. 1307). AN ACT To amend Code Section 26-2801, relating to cruelty to children, so as to provide that a parent, guardian or other person commits

"GA1978.1.229">

cruelty to children when he wilfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized; to provide that any person commits cruelty to children when he maliciously causes a child under the age of 18 cruel or excessive physical or mental pain; to change the penalty for a person convicted of cruelty to children; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-2801, relating to cruelty to children, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 26-2801 to read as follows: 26-2801. Cruelty to Children. (a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits cruelty to children when he wilfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. (b) Any person commits cruelty to children when he maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. (c) A person convicted of cruelty to children as provided in this Section shall be punished by imprisonment for not less than one nor more than ten years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1978.

"GA1978.1.230">

CODE REVISION COMMISSIONMEMBERSHIP. No. 86 (House Resolution No. 447-1274). A RESOLUTION Amending a Resolution creating the Code Revision Commission, approved March 23, 1977 (Ga. Laws 1977, p. 922), so as to authorize membership for a Senior Judge; to authorize the execution of a contract; to provide for authority and duties relative to Code revision; and for other purposes. WHEREAS, the Code Revision Commission has conducted the study which it was directed to make relative to revision of the Code and the laws of Georgia but was unable to complete its work in time to enter into a contract in the year 1977; and WHEREAS, it is desirable that a Senior Judge be authorized to serve on the Commission; and WHEREAS, the Commission should be provided with authority and duties relative to Code revision. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Resolution creating the Code Revision Commission, approved March 23, 1977 (Ga. Laws 1977, p. 922), is hereby amended by striking all the language beginning with NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA and inserting in lieu thereof the following: 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 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 or a Senior 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, such contract being contingent upon the General Assembly appropriating the necessary funds therefor. The Commission is

"GA1978.1.231">

hereby empowered and it shall be its duty to take such action as is necessary to effectuate Code revision. It shall carry out the functions required of it in any contract entered into between the Commission and the publisher. The Commission shall be a continuing body until such time as the Code revision project is completed, all the terms of the contract have been carried out and the Commission is abolished. The Office of Legislative Counsel shall serve as staff for the Commission. The Commission is authorized to seek the advice and assistance of members and committees of the State Bar, the law schools of the State, the Office of the Attorney General 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 or Senior 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. Approved February 13, 1978. REAL ESTATE BROKERS, SALESMEN, ETC. Code Chapter 84-14 Amended. No. 779 (Senate Bill No. 437). AN ACT To amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide for the inactive status of the license of the Real Estate Commissioner and all other employees of the Commission; to provide for additional grounds for revocation of real estate licenses; to provide for the reactivation of a lapsed license of a real estate broker, associate broker or salesman; to provide that a broker or associate broker may not be the manager of more than one real estate office or branch office; to provide that only a broker or associate broker shall be the manager of a branch office; to change the description of the supervising broker to the broker holding the license of the real estate salesman; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.232">

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 adding at the end of subsection (c) of Code Section 84-1405, a new paragraph (5), to read as follows: (5) The real estate license of the Real Estate Commissioner and all other employees of the Georgia Real Estate Commission licensed by the Commission as real estate broker or salesman shall be on inactive status during the time of their employment with the Commission. The Commissioner or such employees will not be required to pay a fee to keep his license on an inactive status. Such license shall be taken off the inactive status and returned to the Commissioner or employee when his employment is terminated. Section 2. Said Code Chapter is further amended by adding at the end of Code Section 84-1410, a new subsection (e), to read as follows: (e) The conduct provided for in subsection (b) and (c) of the Section which relates to the denial of a real estate license to an applicant shall also be grounds for suspension or revocation of a license under this Chapter, when the conduct is that of a licensed real estate agent under this Chapter. Section 3. Said Code Chapter is further amended by adding to Code Section 84-1412, following the last sentence of subsection (d), the following: Any real estate broker, associate broker, or salesperson, who has failed to pay a renewal fee since July 1, 1973, and allowed his active license to lapse, may reactivate his license by December 31, 1978, by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee of $50.00. After January 1, 1979, any real estate broker, associate broker or salesperson who fails to pay a renewal fee and allows his active license to lapse may reactivate his license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee of $50.00., so that when so amended subsection (d) of Code Section 84-1412, shall read as follows: (d) The real estate broker's and the associate broker's biennial

"GA1978.1.233">

license fee shall be $50.00 and a salesperson's biennial renewal fee shall be $15.00. A license fee for renewal may be filed after September 1 by paying a late renewal fee of $10.00 on or before 12:01 a.m. January 1 of the biennial licensing period. All fees shall be deposited with the Joint-Secretary for the expenses of the Commission. This Code Section shall not obviate any other fees or conditions required to maintain such license in accordance with this Chapter. Any real estate broker, associate broker, or salesperson, who has failed to pay a renewal fee since July 1, 1973, and allowed his active license to lapse, may reactivate his license by December 31, 1978, by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee of $50.00. After January 1, 1979, any real estate broker, associate broker or salesperson who fails to pay a renewal fee and allows his active license to lapse may reactivate his license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee of $50.00. Section 4. Said Code Chapter is further amended by striking from Code Section 84-1417, the following: The manager of a branch office must be an officer of the corporation, a partner or an associate broker., and inserting in lieu thereof the following: The manager of a branch office must be a broker or associate broker. No broker or associate broker shall be the manager of more than one real estate office or branch office., so that when so amended Code Section 84-1417, shall read as follows: 84-1417. Form of license. The Commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the Commission. The license of each real estate salesman and associate broker shall be delivered or mailed to the real estate broker for whom the real estate salesman or associate broker is acting as an associate broker or salesman, and shall be kept in the custody and control of such broker. It shall be the duty of each broker to conspicuously display his own license and those of his associate 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

"GA1978.1.234">

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 $50.00, and the branch office license shall be conspicuously displayed in each branch office. The manager of a branch office must be a broker or associate broker. No broker or associate broker shall be the manager of more than one real estate office or branch office. Section 5. Said Code Chapter is further amended by striking from paragraph (7) of Code Section 84-1421, the following: employer, and inserting in lieu thereof the following: broker holding his license, so that when so amended paragraph (7) of Code Section 84-1421, shall read as follows: (7) representing or attempting to represent a real estate broker, other than the broker holding his license, without the express knowledge and consent of the broker holding his license;. Section 6. Said Code Chapter is further amended by striking from paragraph (8) of Code Section 84-1421, the following: his employing broker without the consent of his employing broker, and inserting in lieu thereof the following: the broker holding his license without the consent of the broker holding his license, so that when so amended paragraph (8) of Code Section 84-1421, shall read as follows:

"GA1978.1.235">

(8) accepting a commission or other valuable consideration by an associate broker or salesman from anyone other than the broker holding his license without the consent of the broker holding his license;. Section 7. Said Code Chapter is further amended by striking from paragraph (23) of Code Section 84-1421, the following: his employing broker, and inserting in lieu thereof the following: the broker holding the license, so that when so amended paragraph (23) of Code Section 84-1421, shall read as follows: (23) failure of an associate broker or salesman to place, as soon after receipt as is practicably possible, in the custody of the broker holding his license, any deposit money or other money for funds entrusted to him by any person dealing with him as the representative of his licensed broker;. 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 2, 1978.

"GA1978.1.236">

CRIMESBURGLARY, PUNISHMENT. Code Section 26-1601 Amended. No. 780 (House Bill No. 562). AN ACT To amend Code Section 26-1601, relating to the crime of burglary, so as to provide for periods of mandatory imprisonment upon second and third convictions of said offense; 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 the crime of burglary, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof the following: 26-1601. Burglary. (a) 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, watercraft, or other such structure designed for use as the dwelling of another, or enters or remains within any other building 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. (b) Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred or withheld for any offense punishable under this subsection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1978.

"GA1978.1.237">

TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 784 (House Bill No. 1252). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 895), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), so as to change the provisions relative to the minimum retirement allowance paid to public schoolteachers who retired pursuant to a county, municipal or local board of education retirement or pension system; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 895), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), is hereby amended by adding the following language at the end of paragraph (f) of subsection (2) of Section 5: Provided, however, that on and after the effective date of this Amendment, increases in retirement allowances granted to such retired public schoolteachers by a county, municipal or local board of education retirement or pension system shall not reduce or diminish the retirement allowance paid to such retired public schoolteachers by the Teachers' Retirement System of Georgia. The amount of the monthly retirement allowance paid to such retired public schoolteachers by the Teachers' Retirement System of Georgia shall remain the same, or be returned to the same, as that paid upon their initial retirement with no reduction or diminution due to increases granted by the county, municipal or local board of education retirement or pension system., so that, when so amended, paragraph (f) of subsection (2) of Section 5 shall read as follows:

"GA1978.1.238">

(f) Any provisions of this Act or any other law to the contrary notwithstanding, the minimum retirement allowance provided by paragraph (e) of this subsection shall be applicable to retired public schoolteachers who retired pursuant to a county, municipal or local board of education retirement or pension system. Effective January 1, 1975, such retired public schoolteachers shall be deemed to be members of this retirement system for the purposes of said paragraph (e) of this subsection. Beginning with such date, the Board of Trustees is hereby authorized and directed to pay directly to each such retired public schoolteacher a monthly retirement allowance which shall be equal to the difference between the retirement allowance received by such retired public schoolteacher pursuant to such county, municipal or local board of education retirement or pension system and the minimum retirement allowance provided for by said paragraph (e) of this subsection. Provided, however, that on and after the effective date of this Amendment, increases in retirement allowances granted to such retired public schoolteachers by a county, municipal or local board of education retirement or pension system shall not reduce or diminish the retirement allowance paid to such retired public schoolteachers by the Teachers' Retirement System of Georgia. The amount of the monthly retirement allowance paid to such retired public schoolteachers by the Teachers' Retirement System of Georgia shall remain the same, or be returned to the same, as that paid upon their initial retirement with no reduction or diminution due to increases granted by the county, municipal or local board of education retirement or pension 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 2, 1978.

"GA1978.1.239">

EXECUTIVE REORGANIZATION ACT OF 1972 AMENDEDDIVISION OF VOCATIONAL REHABILITATION. No. 785 (House Bill No. 1242). AN ACT To amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to remove from the classified service of the Merit System the Director of the Division of Vocational Rehabilitation in the Department of Human Resources; to provide for the appointment of a Director of the Division of Vocational Rehabilitation by the Commissioner of the Department of Human Resources; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking from Section 1212 the following sentences: The official of the Department of Human Resources who is charged with the administration of the functions transferred to the Department in this section shall be included in the classified service. He shall possess those qualifications currently provided by law with respect to the Director of the Division of Vocational Rehabilitation., and inserting in lieu thereof the following sentence: The official of the Department of Human Resources who is charged with the administration of the functions transferred to the Department in this Section shall be both appointed and removed by the Commissioner of the Department of Human Resources., so that when so amended, said Section shall read as follows: Section 1212. Division of Vocational Rehabilitation - functions transferred. All of the functions of the Division of Vocational Rehabilitation

"GA1978.1.240">

established in the State Board of Education by Ga. Laws 1951, p. 516, as amended (Georgia Code Annotated Section 32-2302) are transferred to the Department of Human Resources. The official of the Department of Human Resources who is charged with the administration of the functions transferred to the Department in this Section shall be both appointed and removed by the Commissioner of the Department of Human Resources. Unless inconsistent with this Chapter, any reference in Georgia laws to the Division of Vocational Rehabilitation means the Department of Human Resources. 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 2, 1978. GEORGIA BOARD OF DENTISTRY ACT AMENDED. Code Chapter 84-7 Amended. No. 786 (House Bill No. 1290). AN ACT To amend Code Chapter 84-7, relating to dentists and dental hygienists, as amended, so as to change the number of members of the Georgia Board of Dentistry; to provide for the qualifications, terms of office and method of filling vacancies for the additional members of the Georgia Board of Dentistry; to change the provisions relating to the quorum of the board; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.241">

Section 1. Code Chapter 84-7, relating to dentists and dental hygienists, as amended, is hereby amended by striking Code Section 84-702, relating to the Georgia Board of Dentistry, in its entirety and inserting in lieu thereof a new Code Section 84-702 to read as follows: 84-702. Georgia Board of Dentistry; creation; members designated; terms of office; vacancies; eligibility; power to seek injunction to prevent improper practices.(a) A board to be known as the Georgia Board of Dentistry is hereby created. Said board shall consist of eleven members to be appointed and commissioned by the Governor as provided in subsection (b) of this Section. (b) (1) Nine members of the board shall be dentists and shall be appointed as follows: The Georgia Dental Association shall, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term, and from each group of four dentists so nominated the Governor shall appoint one to said board. (2) One member of the board shall be a dental hygienist to be appointed as follows: The Georgia Dental Hygienists Association shall nominate four reputable dental hygienists who are not dentists for each expired or expiring term, and from each group of four dental hygienists so nominated the Governor shall appoint one to said board. (3) One member of the board shall be a citizen of this State who is not a dentist or a dental hygienist and who shall be appointed by the Governor. (c) (1) Except as otherwise provided in this subsection, the term of office of each member of the board shall be for five years and until the appointment and qualification of a successor. (2) Each vacancy on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. (3) The term of the initial member appointed pursuant to paragraph (2) of subsection (b) shall be for a term of two years beginning July 1, 1978, and ending June 30, 1980.

"GA1978.1.242">

(4) The term of the initial member appointed pursuant to paragraph (3) of subsection (b) shall be for a term of four years beginning July 1, 1978, and ending June 30, 1982. (d) No one shall be eligible as a dentist member of the board unless he is a citizen of the State of Georgia and has lawfully engaged in the practice of dentistry for five or more years at the time of his appointment and is not financially interested in, nor connected with, any dental college. (e) (1) The dental hygienist member of the board may vote only on matters relating to dental hygiene, administration, and policy which do not directly relate to practical or scientific examination of dentists for licensing in this State. (2) The citizen member of the board who is not a dentist or dental hygienist may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of dentists and dental hygienists for licensing in this State. (f) The Georgia Board of Dentistry shall be a budget unit as defined in Code Chapter 40-4, known as the `Budget Act', as the same may now or hereafter be amended. (g) The Georgia Board of Dentistry herein created may bring an equitable proceeding to enjoin by writ of injunction any person, firm or corporation, who without being licensed or registered to do so by said board engages in or practices in the profession of dentistry herein regulated. The proceeding shall be filed in the county in which such person resides or in the case of a firm or corporation, where said firm or corporation maintains its principal office, and unless it shall be made to appear that such person, firm or corporation so engaging or practicing dentistry is licensed or registered the writ of injunction shall be issued and such person, firm or corporation perpetually enjoined from said activities throughout the State. It shall not be necessary in order to obtain the equitable relief herein provided for the Georgia Board of Dentistry to allege and prove there is no adequate remedy at law. It is hereby declared that such unlicensed activities are a menace and a nuisance dangerous to the public health, safety and welfare.

"GA1978.1.243">

Section 2. Said Code Chapter is further amended by striking from Code Section 84-706, relating to the quorum of the board, the following: Five, and inserting in lieu thereof the following: Six, so that when so amended Code Section 84-706 shall read as follows: 84-706. Quorum of board; adjournments. Six members of the board shall constitute a quorum for the transaction of business at any meeting of the board, and should a quorum not be present on the day appointed for such meeting, those members present may adjourn the meeting from time to time until a quorum is present. Section 3. The provisions of this Act shall not affect the terms of office of members of the Georgia Board of Dentistry who are in office on the effective date of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1978. LIENSMATERIALS DEFINED. Code Section 67-2001 Amended. No. 787 (House Bill No. 1313). AN ACT To amend Code Section 67-2001, relating to liens for work done and materials furnished, as amended, so as to provide liens for the rental value of certain items under certain conditions; to repeal conflicting laws; and for other purposes.

"GA1978.1.244">

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 67-2001, relating to liens for work done and materials furnished, as amended, is hereby amended by adding at the end of said Code Section a new subsection 3 thereof to read as follows: 3. For purposes of this Code Chapter `materials', in addition to including those items for which liens are already permitted under this Chapter, shall also include tools, appliances, machinery, or equipment used in making improvements to the real estate, to the extent of the reasonable rental value of such tools, appliances, machinery, or equipment; provided further that `materialman' shall also include all persons furnishing such tools, appliances, machinery, or equipment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1978. SHERIFFSQUALIFICATIONS. Code Section 24-2801 Amended. No. 788 (House Bill No. 1736). AN ACT To amend Code Section 24-2801, relating to election, qualification, term of office, etc., of sheriffs, as amended, so as to change the provisions relating to qualifications; to repeal conflicting laws; and for other purposes.

"GA1978.1.245">

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, as amended, is hereby amended by adding at the end of subsection (c)(l)(E), after the word training, the following: as established by the Georgia Peace Officer Standards and Training Council, so that when so amended, subsection (c)(l)(E) shall read as follows: (E) Have obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1978. COASTAL MANAGEMENT ACT OF 1978. No. 789 (House Bill No. 1465). AN ACT To provide for certain matters relative to coastal zone management; to provide a short title; to provide for definitions; to provide for the creation, composition, appointment, renewal, compensation and expenses of the Georgia Coastal Management Board; to provide for filling vacancies on the Board; to provide for officers, meetings, a quorum, and an administrative agent for the Board; to provide

"GA1978.1.246">

powers and duties of the Department; to provide powers and duties of the Board; to provide for other agencies to cooperate and to administer their regulatory programs in the coastal zone in a certain manner; to provide that local governments cannot unreasonably restrict or exclude uses of regional benefit under certain circumstances; to provide for the Attorney General, at the request of the Board, to institute proceedings to challenge such restrictions or exclusions; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. WHEREAS, Georgia's coastal zone is composed of unique and valuable cultural, economic and natural resources which, when developed in harmony, provide unmatched opportunities for the present and future well-being of all the citizens of this State, and which have in the past and will continue to significantly contribute to the economic and cultural growth of the coastal zone; and WHEREAS, the land where fresh water mixes with the sea and is influenced by tidal forces creates an environment where fertile marshes help produce an abundant coastal fishery; and WHEREAS, Georgia's golden isles, an integral part of the coastal zone, evolved as a result of the relationship between inland sediment flows and the coastal sand-sharing system, which system continues to protect and provide island resources; and WHEREAS, much of coastal Georgia's industrial development is dependent on vast supplies of fresh water, either from ground or surface flows, which have been available at this interface between the land and the sea; and WHEREAS, overuse of fresh-water resources has caused and can cause additional undesirable and potentially irreversible effects on future industrial growth and vital coastal resources; and

"GA1978.1.247">

WHEREAS, the increasing competing demands, resulting from population growth and intensive economic development, placed on the lands and waters of Georgia's coastal zone have caused damage to or loss of Georgia's vital coastal resources; and WHEREAS, these coastal resources are essential to maintain the health, safety and welfare of all citizens of this State and, to ensure that effective management results in appropriate protection and the wise and beneficial use of these resources, they are properly a matter for regulation under the police power of the State; and WHEREAS, it is a policy of this State to preserve, protect and, when possible, to restore and enhance Georgia's coastal resources for the present and future use of citizens of this State; and WHEREAS, improved cooperation among federal, State and local governmental agencies is essential to improve the ability of these agencies to enhance the well-being of all the State's citizens through their actions in the coastal zone; and WHEREAS, such a partnership of governmental interest requires that they work together to effectively plan for the appropriate protection and wise use of coastal resources, and such a degree of cooperation cannot take place without additional funding and technical assistance; and WHEREAS, it is a policy of this State to encourage and assist State and local governments jointly to exercise their responsibilities in the coastal zone to achieve the wise use of the land and water resources of that zone while giving full consideration to the natural, cultural and aesthetic values as well as to other needs; and WHEREAS, all State agencies engaged in programs affecting the coastal zone should cooperate with each other and with local governments

"GA1978.1.248">

to effectuate the purposes and requirements of this Act and operate in conformity with the State's approved coastal zone management program; and WHEREAS, within the coastal zone, certain geographic areas, because of their characteristics which are of areawide, Statewide, or of regional significance, require special management policies and authority in order to achieve beneficial use and the appropriate level of protection; and WHEREAS, certain land and water uses within the coastal zone are of regional benefit and should not be unreasonably restricted or excluded from the coastal zone; and WHEREAS, certain geographic areas within the coastal zone which require special management policies and authorities should be so designated. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Coastal Management Act of 1978. Section 2. Definitions. The following words or phrases as used in this Act shall, unless the context requires otherwise, have the following meanings: (a) Agency means any of the authorities, boards, offices, bureaus, institutions, departments, commissions or other agencies of the State. (b) Approved program means the management program for the coastal zone prepared in accordance with the requirements of the Coastal Zone Management Act of 1972, as amended (16 U.S.C.

"GA1978.1.249">

1451 et seq.) and subsequently approved by the Associate Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. (c) Board means the Georgia Coastal Management Board. (d) Coastal waters means open marine waters extending seaward to the jurisdictional limit of this State, coastal beaches and offshore sand bars, estuarine waters, including coastal rivers and streams to the inland extent that adjacent wetlands support marsh as defined by the Coastal Marshlands Protection Act of 1970 (Ga. Laws 1970, p. 939), as amended, island sloughs and ponds, and coastal marshlands as defined by the Coastal Marshlands Protection Act of 1970. (e) Coastal zone means all lands and waters bounded on the east by the seaward jurisdictional limit of this State; on the south by the Georgia-Florida state boundary; on the west by a line running northerly from the Georgia-Florida state boundary and located 1000 meters west of the centerline of the right-of-way of the Seaboard Coast Line Railroad to the McIntosh-Liberty County line, thence in an easterly direction along the McIntosh-Liberty County line to the centerline of Interstate Highway 95, and running thence in a northerly direction along the centerline of the right of way of Interstate Highway 95 to the Liberty-Bryan County line, thence in a westerly direction along the Liberty-Bryan County line to a point located 1000 meters west of the centerline of the right-of-way of the Seaboard Coastline Railroad, thence following a line located 1000 meters west of the centerline of the Seaboard Coastline Railroad to the intersection of said railroad and Interstate Highway 95, thence 1000 meters west of the centerline of the right-of-way of Interstate Highway 95 to the Chatham-Effingham County line, and thence along the Chatham-Effingham County line to the Georgia-South Carolina state boundary; and on the north by the Georgia-South Carolina state boundary to the seaward jurisdictional limit of this State. All areas defined as coastal waters above shall be deemed to be included in the coastal zone regardless of their location with respect to the inland boundary defined in this subsection. (f) Coastal zone counties means the following counties: Camden, Glynn, McIntosh, Liberty, Bryan, and Chatham.

"GA1978.1.250">

(g) Department means the Department of Natural Resources. (h) Geographic areas of particular concern means those areas whose environmental, economic, recreational or cultural characteristics are of areawide, Statewide or regional significance and therefore require special management. (i) Local government means any county or municipality or combination thereof, which is located in whole or in part in the coastal zone. (j) Person means any municipal corporation, county, or combination thereof, individual, corporation, partnership, association, public or private authority, and includes the State of Georgia, its boards, bureaus, commissions, authorities or other agencies. (k) Use of regional benefit means the following land and water uses: transmission lines, power plants, public port developments, regional airports, sewage treatment plants, regional solid waste disposal facilities, and energy exploration and production facilities. Section 3. Georgia Coastal Management Board Created; Members; Appointment; Terms; Compensation; Expenses; Organization; Meetings. To effectuate the provisions of this Act, there is hereby created the Georgia Coastal Management Board. The Board shall be composed of eleven (11) persons to be appointed by the Governor. Of the eleven members appointed by the Governor, there shall be at least one member who is a resident of each coastal zone county. Said members shall serve for three-year terms; provided, however, of the first appointments, four shall be appointed for one year, four shall be appointed for two years, and three shall be appointed for three years. The Governor may fill any vacancy in the appointed membership of the Board and may remove any appointed member for cause. Each member of the Board shall receive the sum of $36 per diem for each day such member is in attendance at a meeting of the

"GA1978.1.251">

Board, plus reimbursement for actual transportation costs while traveling by public carrier, or the legal mileage rate for the use of a personal automobile in connection with such attendance. At the first meeting of the Board and annually thereafter, the members shall select one of its members to serve as chairman and one of its members to serve as vice-chairman. The Commissioner of Natural Resources shall act as the Board's administrative agent. The Board shall meet at such times and at such designated places as it may determine. A majority of the members of the Board shall constitute a quorum for the transaction of any and all business. Section 4. Powers and Duties of the Department. The Department shall have the following powers and duties to carry out the provisions of this Act: (a) To apply for, accept, grant and expend, in accordance with Board policy, financial assistance from public and private sources to carry out the provisions of this Act and the Federal Coastal Zone Management Act of 1972, P.L. 92-583, as amended; such grants may include, but shall not be limited to, grants made to local governments to carry out the provisions of this Act. (b) To administer and enforce the provisions of this Act. (c) To hold public hearings, receive comments and afford all interested persons an opportunity to participate in the development of policies to be administered pursuant to this Act. (d) To study and recommend to the Board geographic areas of particular concern and methods of special management for such areas.

"GA1978.1.252">

(e) To perform any and all acts necessary to carry out the provisions of this Act. Section 5. Powers and Duties of the Board. In carrying out the provisions of this Act, the Board shall have the following powers and duties: (a) To establish criteria for and to approve grants to carry out the provisions of this Act and the Federal Coastal Zone Management Act of 1972, P.L. 92-583, as amended. (b) To make those policies necessary to carry out the provisions of this Act. (c) To recommend to local governments standards and guidelines designed to achieve wise use of the land and water resources of the coastal zone. (d) To designate geographic areas of particular concern and, when necessary, recommend legislation for special management of such areas. (e) To institute or cause to be instituted, in accordance with Section 7, legal proceedings to insure that uses of regional benefit are not unreasonably restricted or excluded from the coastal zone. Section 6. Other Agencies to Cooperate. All agencies shall cooperate with the Board and the Department in the administration and enforcement of this Act. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in conformity with the provisions of this Act. Section 7. Uses of Regional Benefit. Local governments shall not unreasonably restrict or exclude uses of regional benefit from

"GA1978.1.253">

the coastal zone when such uses cannot be feasibly sited outside the coastal zone. Upon request of the Board, the Attorney General shall, in the interest of the State of Georgia as parens patriae, institute or cause to be instituted, in the superior court in which such local government is located, legal proceedings to challenge such restrictions or exclusions by local governments. In determining whether there has been an unreasonable restriction or exclusion from the Coastal zone, the court shall determine whether there has been a manifest abuse of discretion by the local government. The court may affirm or remand the decision of the local government. Section 8. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 9. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1978.

"GA1978.1.254">

DEPARTMENT OF PUBLIC SAFETYAID TO MUNICIPAL POLICE AND FIRE DEPARTMENTS. No. 790 (Senate Bill No. 503). AN ACT To amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 447), so as to provide that the chief law enforcement officer of any municipality may request the assistance of members of the Georgia State Patrol in the prevention and detection of violations of the criminal laws and in the apprehension of those violating such 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. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 447), is hereby amended by inserting in the second sentence of the third unnumbered paragraph of Section 14 of Article II between the words municipality and or the following: or the chief law enforcement officer of any municipality,, so that when so amended, said paragraph shall read as follows: They shall not exercise any power of arrest, with the exception herein provided for arrest powers and general law enforcement authority on property owned by the State or its departments, bureaus, commissions, or authorities, except for offenses arising from violation

"GA1978.1.255">

of the traffic laws, or laws regulating the use, ownership, and control of motor vehicles, or for offenses committed upon the highways of the State. Provided that upon request of the governing authorities of any municipality, or the chief law enforcement officer of any municipality, or of the sheriff of any county, or of the chief officer of the county police force in all counties having a population of more than 100,000 according to the U. S. Decennial Census of 1970, or any future such census, or of the judge of the superior court of any county of this State or the Governor of this State, the Commissioner of Public Safety, in unusual circumstances, may, and in the case of an Order from the Governor of Georgia shall, direct members of the Georgia State Patrol to render assistance in any other criminal case, or in the prevention of violations of law, or in detecting and apprehending those violating any criminal laws of this, or any other state, or the United States. Section 2. Said Act is further amended by adding at the end of the second paragraph of Section 1 of Article III a new sentence to read as follows: Any head of a municipal or county fire department may request the assistance of the Georgia Bureau of Investigation to conduct and exercise its lawful powers and authorities in the investigation of any crime-related fires. 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 3, 1978.

"GA1978.1.256">

LIABILITY INSURANCE COVERING STATE-OWNED VEHICLES ACT AMENDED. No. 791 (Senate Bill No. 533). AN ACT To amend an Act providing for liability insurance for State employees operating State-owned motor vehicles, approved March 23, 1972 (Ga. Laws 1972, p. 347), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1296), so as to provide for liability coverage under State insurance policies, for certain nonprofit agencies and their employees which furnish services under contracts with the Department of Human Resources, for damages arising out of the use of State-owned vehicles by such agencies and employees; to provide for a definition; to provide 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 liability insurance for State employees operating State-owned motor vehicles, approved March 23, 1972 (Ga. Laws 1972, p. 347), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1296), is hereby amended by adding after Section 1A a new Section to read as follows: Section 1B. The policy of insurance provided for above may also provide to nonprofit agencies and their employees, which agencies have contracted with the Department of Human Resources to furnish certain services, protection from liability for damages arising out of the authorized use of a State-owned vehicle by an employee of such agency during the course of such person's employment with such agency; provided, the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency. For purposes of this Section 1B, `nonprofit agencies' means any nonprofit or charitable organization, association, corporation, partnership or other entity.

"GA1978.1.257">

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 6, 1978. PUBLIC ROADWAYSREGULATION OF INSTALLATION OF GRATES. No. 792 (House Bill No. 1235). AN ACT To regulate the future installation of grates upon any public roadway by counties and municipalities; to provide the procedures connected therewith; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each county and municipality, after the effective date of this Act, shall install all newly located grates upon any public roadway so as to accommodate bicycles traveling on the public road parallel to the lane of travel of vehicles proceeding over said roadways except that the requirements of this Act shall not apply to limited access highways or other streets or roads on which bicycle travel is prohibited. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1978.

"GA1978.1.258">

UNIFORM CHILD CUSTODY JURISDICTION ACT. Code Sections 30-127, 74-107 Amended. Code Chapter 74-5 Enacted. No. 793 (House Bill No. 1281). AN ACT To amend Code Title 74, relating to parent and child, as amended, so as to enact the Uniform Child Custody Jurisdiction Act; to provide a short title; to provide a purpose; to provide for construction; to define certain terms; to provide jurisdiction to make child custody determinations; to provide for notice and opportunity to be heard; to provide for notice to persons outside this State; to authorize submission to jurisdiction; to limit exercise of jurisdiction in the event of simultaneous proceedings in other states; to limit the exercise of jurisdiction as an inconvenient forum; to provide for declining of jurisdiction by reason of conduct; to require certain information to be submitted under oath; to provide for joinder of additional parties; to provide for appearance of parties and the child; to specify the binding force and res judicata effect of custody decrees; to provide for recognition of out-of-state custody decrees; to provide for modification of out-of-state custody decrees; to provide for filing and enforcement of out-of-state custody decrees; to require the keeping of a registry for certain out-of-state proceedings and decrees; to provide for certified copies of custody decrees; to authorize the taking of testimony in other states; to authorize hearings and studies in other states; to provide for orders to appear; to authorize assistance to courts of other states; to provide for preservation of certain documents; to authorize requests for court records of other states; to provide for international application; to specify priority of certain proceedings; to amend Code Sections 30-127, relating to custody of children, and 74-107, relating to custody of minor children and the discretion of the court as to custody of minor children, so as to provide for application of the provisions of the uniform Act in the event of a conflict; to provide for severability; to provide for all other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.259">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 74, relating to parent and child, as amended, is hereby amended by adding a new chapter at the end thereof, to be designated Chapter 74-5, to read as follows: CHAPTER 74-5. UNIFORM CHILD CUSTODY JURISDICTION ACT. 74-501. Short title. This Chapter shall be known and may be cited as the `Uniform Child Custody Jurisdiction Act.' 74-502. Purpose of Chapter; construction. (a) The general purposes of this Chapter are to: (1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on children's well-being. (2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state which can best decide the case in the interest of the child. (3) Assure that litigation concerning the custody of a child take place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and personal relationships is most readily available and to also assure that the courts of this State decline the exercise of jurisdiction when the child and his family have a closer connection with another state. (4) Discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child.

"GA1978.1.260">

(5) Deter abductions and other unilateral removals of children undertaken to obtain custody awards. (6) Avoid unnecessary relitigation of custody decisions of other states in this State. (7) Facilitate the enforcement of custody decrees of other states. (8) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this State and those of other states concerned with the same child. (9) Make uniform the law of those states which enact the Uniform Child Custody Jurisdiction Act. (b) This Chapter shall be construed to promote the general purposes stated in this Section. 74-503. Definitions. As used in this Chapter: (a) `Contestant' means a person (including, but not limited to, a parent) who claims a right to custody or visitation rights with respect to a child. (b) `Custody determination' means a court decision and court orders and instructions providing for the custody of a child including, but not limited to, visitation rights. `Custody determination' does not include a decision relating to child support or any other monetary obligation of any person. (c) `Custody proceeding' includes proceedings in which a custody determination is one of several issues, such as an action for

"GA1978.1.261">

divorce or separation, and includes child neglect and dependency proceedings. (d) `Decree' or `custody decree' means a custody determination contained in a judicial decree or order made in a custody proceeding and includes, but is not limited to, an initial decree and a modification decree. (e) `Home state' means the state in which the child immediately preceding the time involved lived with his parents, a parent, or a person acting as a parent for at least six consecutive months and, in the case of a child less than six months old, the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the six-month or other period. (f) `Initial decree' means the first custody decree concerning a particular child. (g) `Modification decree' means a custody decree which modifies or replaces a prior decree, whether made by the court which rendered the prior decree or by another court. (h) `Physical custody' means actual possession and control of a child. (i) `Person acting as parent' means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody. (j) `State' means any state, territory, or possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia.

"GA1978.1.262">

74-504. Jurisdiction to make child custody determination. (a) A court of this State which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: (1) This State (A) is the home state of the child at the time of commencement of the proceeding, or (B) had been the child's home state within six months before commencement of the proceeding and the child is absent from this State because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this State; or (2) It is in the best interest of the child that a court of this State assume jurisdiction because (A) the child and his parents, or the child and at least one contestant, have a significant connection with this State, and (B) there is available in this State substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or (3) The child is physically present in this State and (A) the child has been abandoned or (B) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent; or (4) (A) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (1), (2), or (3), or another state has declined to exercise jurisdiction on the ground that this State is the more appropriate forum to determine the custody of the child, and (B) it is in the best interest of the child that this court assume jurisdiction. (b) Except under paragraphs (3) and (4) of subsection (a), physical presence in this State of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this State to make a child custody determination.

"GA1978.1.263">

(c) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody. 74-505. Notice and opportunity to be heard. Before making a decree under this Chapter, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the child. If any of these persons is outside this State, notice and opportunity to be heard shall be given pursuant to Section 74-506. 74-506. Notice to persons outside this State; submission to jurisdiction. (a) Notice required for the exercise of jurisdiction over a person outside this State shall be given in a manner reasonably calculated to give actual notice and may be made: (1) By personal delivery outside this State in the manner prescribed for service of process within this State. (2) In the manner prescribed by the law of the place in which the service is made for service of process in that place in an action in any of its courts of general jurisdiction. (3) By any form of mail addressed to the person to be served and requesting a receipt. (4) As directed by the court including, but not limited to, publication, if other means of notification are ineffective. (b) Notice under this Section shall be served, mailed, delivered, or last published at least 30 days before any hearing in this State. (c) Proof of service outside this State may be made by affidavit of the individual who made the service, or in the manner prescribed

"GA1978.1.264">

by the law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made. If service is made by mail, proof may be a receipt signed by the person to whom the service is addressed or other evidence of delivery to the person to whom the service is addressed. (d) Notice is not required if a person submits to the jurisdiction of the court. 74-507. Simultaneous proceedings in other states. (a) A court of this State shall not exercise its jurisdiction under this Chapter if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity with this Chapter, unless the proceeding is stayed by the court of the other state because this State is a more appropriate forum or for other reasons. (b) Before hearing the petition in a custody proceeding the court shall examine the pleadings and other information supplied by the parties under Section 74-510 and shall consult the child custody registry established under Section 74-516 concerning the pendency of proceedings with respect to the child in other states. If the court has reason to believe that proceedings may be pending in another state, it shall direct an inquiry to the state court administrator or other appropriate official of the other state. (c) If the court is informed during the course of the proceeding that a proceeding concerning the custody of the child was pending in another state before the court assumed jurisdiction, it shall stay the proceeding and communicate with the court in which the other proceeding is pending to the end that the issue may be litigated in the more appropriate forum and that information be exchanged in accordance with Sections 74-520 through 74-523. If a court of this State has made a custody decree before being informed of a pending proceeding in a court of another state, it shall immediately inform that court of the fact. If the court is informed that a proceeding was commenced in another state after it assumed jurisdiction, it shall likewise inform the other court to the end that the issues may be litigated in the more appropriate forum.

"GA1978.1.265">

74-508. Inconvenient forum. (a) A court which has jurisdiction under this Chapter to make an initial or modification decree may decline to exercise its jurisdiction any time before making a decree if it finds that it is an inconvenient forum to make a custody determination under the circumstances of the case and that a court of another state is a more appropriate forum. (b) A finding of inconvenient forum may be made upon the court's own motion or upon motion of a party or a guardian ad litem or other representative of the child. (c) In determining if it is an inconvenient forum, the court shall consider if it is in the interest of the child that another state assume jurisdiction. For this purpose it may take into account the following factors, among others: (1) If another state is or recently was the child's home state. (2) If another state has a closer connection with the child and his family or with the child and one or more of the contestants. (3) If substantial evidence concerning the child's present or future care, protection, training, and personal relationships is more readily available in another state. (4) If the parties have agreed on another forum which is no less appropriate. (5) If the exercise of jurisdiction by a court of this State would contravene any of the purposes stated in Section 74-502. (d) Before determining whether to decline or retain jurisdiction, the court may communicate with a court of another state and

"GA1978.1.266">

exchange information pertinent to the assumption of jurisdiction by either court with a view to assuring that jurisdiction will be exercised by the more appropriate court and that a forum will be available to the parties. (e) If the court finds that it is an inconvenient forum and that a court of another state is a more appropriate forum, it may dismiss the proceedings or it may stay the proceedings upon condition that a custody proceeding be promptly commenced in another named state or upon any other conditions which may be just and proper including, but not limited to, the condition that a moving party stipulate his consent and submission to the jurisdiction of the other forum. (f) The court may decline to exercise its jurisdiction under this Chapter if a custody determination is incidental to an action for divorce or another proceeding while retaining jurisdiction over the divorce or other proceeding. (g) If it appears to the court that it is clearly an inappropriate forum, it may require the party who commenced the proceedings to pay, in addition to the costs of the proceedings in this State, necessary travel and other expenses (including, but not limited to, attorneys' fees) incurred by other parties or their witnesses. Payment is to be made to the clerk of the court for remittance to the proper party. (h) Upon dismissal or stay of proceedings under this Section, the court shall inform the court found to be the more appropriate forum of this fact or, if the court which would have jurisdiction in the other state is not certainly known, shall transmit the information to the court administrator or other appropriate official for forwarding to the appropriate court. (i) Any communication received from another state informing this State of a finding of inconvenient forum because a court of this State is the more appropriate forum shall be filed in the custody registry of the appropriate court. Upon assuming jurisdiction the court of this State shall inform the original court of this fact.

"GA1978.1.267">

74-509. Jurisdiction declined by reason of conduct. (a) If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct, the court may decline to exercise jurisdiction if this is just and proper under the circumstances. (b) Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state, the court may decline to exercise its jurisdiction if this is just and proper under the circumstances. (c) In appropriate cases a court dismissing a petition under this Section may charge the petitioner with necessary travel and other expenses (including, but not limited to, attorneys' fees) incurred by other parties or their witnesses. 74-510. Information under oath to be submitted to the court. (a) Every party in a custody proceeding in his first pleading or in an affidavit attached to that pleading shall give information under oath as to the child's present address, the places where the child has lived within the last five years, and the names and present addresses of the persons with whom the child has lived during the period. In this pleading or affidavit every party shall further declare under oath whether: (1) He has participated as a party, witness, or in any other capacity in any other litigation concerning the custody of the same child in this or any other state. (2) He has information of any custody proceeding concerning the child pending in a court of this or any other state. (3) He knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child.

"GA1978.1.268">

(b) If the declaration as to any of the above items is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the court's jurisdiction and the disposition of the case. (c) Each party has a continuing duty to inform the court of any custody proceeding concerning the child in this or any other state of which he obtained information during this proceeding. 74-511. Additional parties. If the court learns from information furnished by the parties pursuant to Section 74-510 or from other sources that a person not a party to the custody proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child, it shall order that person to be joined as a party and to be duly notified of the pendency of the proceeding and of his joinder as a party. If the person joined as a party is outside this State, he shall be served with process or otherwise notified in accordance with Section 74-506. 74-512. Appearance of parties and the child. (a) The court may order any party to the proceeding who is in this State to appear personally before the court. If that party has physical custody of the child, the court may order that he appear personally with the child. (b) If a party to the proceeding whose presence is desired by the court is outside this State with or without the child, the court may order that the notice given under Section 74-506 include a statement directing that party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to that party. (c) If a party to the proceeding who is outside this State is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay to the clerk of the court travel and other necessary expenses of the party so appearing and of the child if this is just and proper under the circumstances.

"GA1978.1.269">

74-513. Binding force and res judicata effect of custody decree. A custody decree rendered by a court of this State which had jurisdiction under Section 74-504 binds all parties who have been served in this State or notified in accordance with Section 74-506 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to these parties the custody decree is conclusive as to all issues of law and fact decided and as to the custody determination made unless and until that determination is modified pursuant to law including, but not limited to, the provisions of this Chapter. 74-514. Recognition of out-of-state custody decrees. The courts of this State shall recognize and enforce an initial or modification decree of a court of another state which had assumed jurisdiction under statutory provisions substantially in accordance with this Chapter or which was made under factual circumstances meeting the jurisdictional standards of the Chapter, so long as this decree has not been modified in accordance with jurisdictional standards substantially similar to those of this Chapter. 74-515. Modification of custody decree of another state. (a) If a court of another state has made a custody decree, a court of this State shall not modify that decree unless: (1) It appears to the court of this State that the court which rendered the decree does not now have jurisdiction under jurisdictional prerequisites substantially in accordance with this Chapter or has declined to assume jurisdiction to modify the decree; and (2) The court of this State has jurisdiction. (b) If a court of this State is authorized under subsection (a) and Section 74-509 to modify a custody decree of another state, it may give due consideration to the transcript of the record and other documents of all previous proceedings submitted to it in accordance with Section 74-523. 74-516. Filing and enforcement of custody decree of another state. (a) A certified and exemplified copy of a custody decree of another state may be filed in the office of the clerk of any superior court of this State. The clerk shall treat the decree in the same

"GA1978.1.270">

manner as a custody decree of the superior court of this State. A custody decree so filed has the same effect and shall be enforced in like manner as a custody decree rendered by a court of this State. (b) A person violating a custody decree of another state which makes it necessary to enforce the decree in this State may be required to pay necessary travel and other expenses (including, but not limited to, attorneys' fees) incurred by the party entitled to the custody or his witnesses. 74-517. Registry of out-of-state custody decrees and proceedings. The clerk in each superior court shall maintain a registry in which he shall enter the following: (a) Certified and exemplified copies of custody decrees of other states received for filing. (b) Communications as to the pendency of custody proceedings in other states. (c) Communications concerning a finding of inconvenient forum by a court of another state. (d) Other communications or documents concerning custody proceedings in another state which may affect the jurisdiction of a court of this State or the disposition to be made by it in a custody proceeding. 74-518. Certified copies of custody decree. The clerk of each superior court in this State, at the request of the court of another state or at the request of any person who is affected by or has a legitimate interest in a custody decree, shall certify and forward a copy of the decree to that court or person. 74-519. Taking testimony in another state. In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses (including, but not limited to, parties and the child) by deposition or otherwise, in another state. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken.

"GA1978.1.271">

74-520. Hearings and studies in another state; orders to appear. (a) A court of this State may request the appropriate court of another state to hold a hearing to adduce evidence, to order a party to produce or give evidence under other procedures of that state, or to have social studies made with respect to the custody of a child involved in proceedings pending in the court of this State; and to forward to the court of this State certified copies of the transcript of the record of the hearing, the evidence otherwise adduced, or any social studies prepared in compliance with the request. The cost of the services may be assessed against the parties or, if necessary, ordered paid by the State. (b) A court of this State may request the appropriate court of another state to order a party to custody proceedings pending in the court of this State to appear in the proceedings and, if that party has physical custody of the child, to appear with the child. The request may state that travel and other necessary expenses of the party and of the child whose appearance is desired will be assessed against another party or will otherwise be paid. 74-521. Assistance to courts of other states. (a) Upon request of the court of another state the courts of this State which are competent to hear custody matters may order a person in this State to appear at a hearing to adduce evidence or to produce or give evidence under other procedures available in this State or may order social studies to be made for use in a custody proceeding in another state. A certified copy of the transcript of the record of the hearing or the evidence otherwise adduced, and any social studies prepared, shall be forwarded by the clerk of the court to the requesting court. (b) A person within this State may voluntarily give his testimony or statement in this State for use in a custody proceeding outside this State. (c) Upon request of the court of another state, a competent court of this State may order a person in this State to appear alone or with the child in a custody proceeding in another state. The court may condition compliance with the request upon assurance by the other state that state travel and other necessary expenses will be advanced or reimbursed.

"GA1978.1.272">

74-522. Preservation of documents for use in other states. In any custody proceeding in this State the court shall preserve the pleadings, orders and decrees, any record that has been made of its hearings, social studies, and other pertinent documents until the child reaches 18 years of age. Upon appropriate request of the court of another state the court shall forward to the other court certified copies of any or all of such documents. 74-523. Request for court records of another state. If a custody decree has been rendered in another state concerning a child involved in a custody proceeding pending in a court of this State, the court of this State upon taking jurisdiction of the case shall request of the court of the other state a certified and exemplified copy of the transcript of any court record and other documents mentioned in Section 74-522. 74-524. International application. The general policies of this Chapter extend to the international area. The provisions of this Chapter relating to the recognition and enforcement of custody decrees of other states apply to custody decrees and decrees involving legal institutions similar in nature to custody institutions rendered by appropriate authorities of other nations if reasonable notice and opportunity to be heard were given to all affected persons. 74-525. Priority. Upon the request of a party to a custody proceeding which raises a question of existence or exercise of jurisdiction under this Chapter, the case shall be given calendar priority and handled expeditiously. Section 2. Code Section 30-127, relating to custody of children, as amended, is hereby amended by designating the first and second unnumbered paragraphs thereof as subsections (a) and (b) respectively and adding a new subsection at the end thereof, to be designated subsection (c), to read as follows: (c) In the event of any conflict between this Section and any provision of Code Chapter 74-5, the provisions of Code Chapter 74-5 shall apply., so that when so amended Code Section 30-127 shall read as follows:

"GA1978.1.273">

30-127. Custody of children. (a) In all cases of divorce granted, the party not in default shall be entitled to the custody of the minor children of the marriage. The court, however, in the exercise of a sound discretion, may look into all the circumstances of the parties, including the improvement of the health of the party seeking a change in custody provisions, and, after hearing both parties, make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. The court may exercise a similar discretion pending the application for divorce. In all such cases and in cases where a change in custody is sought, where the child has reached the age of 14 years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. (b) In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration, but not more often than once in each two-year period following the date of the entry of such judgment, without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor. The provisions of this Code Section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. (c) In the event of any conflict between this Section and any provision of Code Chapter 74-5, the provisions of Code Chapter 74-5 shall apply. Section 3. Code Section 74-107, relating to custody of minor children and the discretion of the court as to custody of minor children, as amended, is hereby amended by designating the first and second unnumbered paragraphs thereof as subsections (a) and (b) respectively and adding a new subsection at the end thereof, to be designated subsection (c), to read as follows: (c) In the event of any conflict between this Section and any provision of Code Chapter 74-5, the provisions of Code Chapter 74-5 shall apply.,

"GA1978.1.274">

so that when so amended Code Section 74-107 shall read as follows: 74-107. Custody of minor children, discretion of court as to. (a) In all cases where the custody of any minor child or children is involved between the parents, there shall be no prima facie right to the custody of such child or children in the father, but the court hearing such issue of custody may in exercise of its sound discretion, taking into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provision, as to whose custody such child or children shall be awarded, the duty of the court being in all such cases in exercising such discretion to look to and determine solely what is for the best interest of the child or children, and what will best promote their welfare and happiness, and make award accordingly. In all such cases and in cases where a change in custody is sought, where the child has reached the age of 14 years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. (b) In any case in which a judgment has been entered awarding the custody of a minor, on the motion of any party or on the motion of the court that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration, but not more often than once in each two-year period following the date of the entry of such judgment, without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor. The provisions of this Code Section shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. (c) In the event of any conflict between this Section and any provision of Code Chapter 74-5, the provisions of Code Chapter 74-5 shall apply. 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,

"GA1978.1.275">

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. The effective date of this Act shall be January 1, 1979. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1978. GEORGIA AIR QUALITY ACT OF 1978. Code Chapter 88-9 Repealed. No. 794 (House Bill No. 1545). AN ACT To provide for the preservation, protection, and improvement of air quality and to control emissions of air contaminants, to prevent the significant deterioration of air quality and to attain and maintain Ambient Air Quality Standards so as to safeguard the public health, safety and welfare consistent with providing for maximum employment and full industrial development of the State; to provide a short title; to provide a statement of public policy in regard to air quality and control of emissions of air contaminants; to designate the State agency responsible for administering the Act; to define words and phrases; to provide qualifications, powers, duties, and responsibilities of the Board of Natural Resources relating to air quality matters; to provide qualifications, powers, duties, and responsibilities of the Director of the Environmental Protection Division relating to air quality matters; to provide limitations on the authority of State agencies in air quality matters; to establish factors to be

"GA1978.1.276">

considered in exercising powers, duties and responsibilities in air quality matters; to provide for the issuance of permits for construction or operation of air pollution sources, facilities, equipment, or devices, and to declare certain activities unlawful when undertaken without a permit; to provide for the collection of permit related fees and costs of public notices required by the Act; to provide for inspections and investigations relating to air pollution and air quality matters; to provide for injunctive relief in Superior Courts; to provide for orders delaying compliance with requirements of the Act in specified circumstances; to provide for proceedings before the Director, to provide for orders, and to provide a right of hearing thereon; to provide for emergency orders, immediately effective when necessary to meet emergencies; to provide for imposition of civil penalties for violations of the Act, and to provide procedures and hearings for imposing those penalties, and to specify criteria and factors to be considered by the hearing officer in imposing the same; to provide for hearing on contested matters and judicial review of orders and permits; to provide for judgments based upon orders from which no appeal is taken or which are affirmed upon administrative appeal; to provide for representation by the Attorney General or his staff; to provide for noncompliance and nonpayment penalties after July 1, 1979, and to provide for a notice of noncompliance, assessment orders, adjustment and computation of noncompliance penalty amounts, and to provide hearings to petitions challenging notice and assessment orders, and to provide for the payment of such penalties, to provide a final adjustment of the penalty amount to prevent overpayment or underpayment, to provide for exemptions from the duty to pay the penalty, to provide for an escrow account pending the final determination of amount, to provide for a hearing and review of an order imposing such penalties, and to provide that penalties are cumulative of other remedies; to provide certain powers to the Governor in matters of air quality; to provide protection of confidential information received by the Environmental Protection Division; to continue in effect existing rules, regulations, permits, and orders, relating to air quality matters; to provide for severability; to repeal and replace specific laws on air quality control; to establish an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.277">

Section 1. Short Title. This Act shall be known and may be cited as The Georgia Air Quality Act of 1978. Section 2. Public Policy. It is hereby declared to be the public policy of the State of Georgia to preserve, protect and improve air quality and to control emissions to prevent the significant deterioration of air quality and to attain and maintain Ambient Air Quality Standards so as to safeguard the public health, safety and welfare consistent with providing for maximum employment and full industrial development of the State. Section 3. Designation of Agency. 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 4. Definitions. Unless clearly indicated otherwise by the context, the following words when used in this Act shall have the meanings respectively ascribed to them in this Section: (1) (a) Air contaminant means solid or liquid particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any matter or substance either physical, chemical, biological, radioactive (including source material, special nuclear material, and by-product material); or any combination of any of the above. (b) Emission or emitting means any discharging, giving off, sending forth, placing, dispensing, scattering, issuing, circulating, releasing or any other emanation of any air contaminant or contaminants into the atmosphere. (2) Air pollution means the presence in the outdoor atmosphere of one or more air contaminants. (3) Source or facility means any property, source, facility, building, structure, location, or installation at, from, or by reason of which emissions of air contaminants are or may reasonably be expected to be emitted into the atmosphere. Such terms include both real and personal property, stationary and mobile sources or facilities, and direct and indirect sources or facilities, without regard to ownership, and both public or private property. An indirect source or facility is a source or facility which attracts or tends to

"GA1978.1.278">

attract activity that results in emissions of any air pollutant for which there is an ambient air standard. (4) Air-cleaning device means any method, process or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere. (5) Area of the State means any city or county or portion thereof or other substantial geographical area of the State as may be designated by the Division. (6) Except as otherwise expressly provided, the terms major stationary source and major emitting facility mean any stationary facility or source of air pollutants which emits, or has the potential to emit one hundred tons per year or more of any air pollutant (including any major emitting facility or source of fugitive emissions of any such pollutant), whether such source is an existing facility, a new facility, or a facility which undergoes one or more modifications. (7) The terms emission limitation and emission standard mean a requirement established which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis including any requirement relating to the equipment or operation or maintenance of a source to assure continuous emission reduction. (8) (a) The term standard of performance means a requirement of continuous emission reduction, including any requirement relating to the equipment, operation or maintenance of a source to assure continuous emission reduction. (b) A standard of performance for any fossil fuel fired stationary source subject to 42 U.S.C. Section 7411(b) of the Federal Act must also produce and result in a percentage reduction in the emissions from such category of sources from the emissions which would have resulted from the use of fuels which are not subject to treatment prior to combustion, as required by 42 U.S.C. Section 7411(a)(1) of the Federal Act. (9) The term means of emission limitation means a system of continuous emission reduction (including the use of specific technology

"GA1978.1.279">

or fuels with specified pollution characteristics). Supplemental or intermittent means of emission limitation are all other means of emission limitation other than systems of continuous emission reduction and includes all dispersion dependent techniques. (10) The term delayed compliance order means an order issued by the Director under Section 13 of this Act, or by the Administrator under 42 U.S.C. Sec. 7413(d), to a stationary source, postponing the date required by this Act for compliance by such source with any requirement of or established pursuant to, or continued in effect by this Act. (11) The term schedule and timetable of compliance means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard. (12) All language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility, and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values or development and on personal comfort and well-being. (13) Construction means any fabrication, erection or installation. The term construction includes any modification as defined in subsection (14). (14) The term modification means any change in or alteration of fuels, processes, operation or equipment, (including any chemical changes in processes or fuels) which affects the amount or character of any air pollutant emitted or which results in the emission of any air pollutant not previously emitted. No source shall, by reason of a change which decreases emissions, become subject to the New Source Performance Standards of 42 U.S.C. Sec. 7411, unless required by the Federal Act. (This definition does not apply where the word modification is used to refer to action by the Director, Division, or Board, in modifying or changing rules, regulations, orders, or permits. In that context the word has its ordinary meaning.)

"GA1978.1.280">

(15) Department means the Department of Natural Resources of the State of Georgia. (16) Board means the Board of Natural Resources of the State of Georgia. (17) Division means the Division of Environmental Protection, Department of Natural Resources of the State of Georgia. (18) Director means the Director of the Division of Environmental Protection, Department of Natural Resources of the State of Georgia, or his designee. (19) The term Administrator means the Administrator of the United States Environmental Protection Agency. (20) The term person includes any individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States, or any other entity, and includes any officer, agent, or employee of any of the above. (21) The Federal Act means, 42 U.S.C. Sec. 1857, et seq., as amended, and 42 U.S.C. Sec. 7401, et seq., as amended. Section 5. Powers, Duties and Responsibilities of Board. Any hearing officer appointed by the Board, and all members of five (5) member committees of the Board, shall, and at least a majority of members of the entire Board shall, represent the public interest and shall not derive any significant portion of their income from persons subject to permits or enforcement orders under this Act. All potential conflicts of interest shall be adequately disclosed. In the performance of its duties, the Board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations necessary to abate, or control air pollution, or necessary to implement any of the provisions of this Act, consistent with the declaration of public policy. Such requirements may be for the State as a whole or may vary from area to area, as may be appropriate to facilitate accomplishment of the policy of this Act;

"GA1978.1.281">

(2) Establish ambient air quality standards for the State provided they are in all cases not less stringent than provided by the Federal Act; (3) Establish such standards of performance, or emission limitations or standards for sources as are necessary to prevent, control, or abate air pollution, to attain and maintain ambient air quality standards, and to fulfill the policy of this Act, provided such standards or limitations are no less stringent than the Federal Act; (4) Require the owner or operator of any stationary air pollution source or facility to establish and maintain such records; make such reports; install, use and maintain such emission or process monitoring equipment or methods, continuous or otherwise; and sample such emissions in accordance with such methods or procedures at such locations or intervals, as reasonably may be required to implement this Act, and no less stringent than the Federal Act; (5) Require the use of air-cleaning devices or means of emission limitation (whether continuous, supplemental or intermittent), or require compliance with standards of performance; (6) Prevent the significant deterioration of the air quality by establishing air quality increments limiting the maximum allowable increases in the amount of air pollutants, provided such increments are those specified in 42 U.S.C., Sec. 7473 or pursuant to Sec. 7476 of the Federal Act; (7) Allow the construction of new major stationary sources or modifications in areas where the national ambient air standards are not met (nonattainment areas), or in other areas contributing to the air pollution of such areas, only after imposing requirements and appropriate emissions offsets or reductions no less stringent than the requirements of the Federal Act; (8) Require preconstruction or premodification review procedures prior to the construction of any new stationary source or modification of any existing stationary source, sufficient to allow the Director to make determinations that the proposed construction or modification will not cause, or contribute to, a failure to attain or maintain any ambient air quality standard, a significant deterioration of air quality, or a violation of any applicable emission limitation

"GA1978.1.282">

or standard of performance; and to require that prior to commencing construction or modification any person proposing such construction or modification shall submit required information to the Director. Such preconstruction and premodification review requirements shall be no less stringent than, and shall require that no proposed source may be permitted unless such source meets, all the requirements for review and for obtaining a permit prescribed in Title I, Part C and Part D of the Federal Act, and Section 129(a) of PL 95-95 (Clean Air Act Amendments of 1977, approved August 7, 1977), as amended; (9) Establish satisfactory processes of consultation and cooperation with general purpose local governments, or other designated organizations of elected officials, or federal land managers, for the purposes of planning, implementing, and determining requirements under this Act, to the extent required by the Federal Act. Section 6. Powers, Duties, and Responsibilities of the Director. The Director shall represent the public interest and shall not derive a significant portion of his income from persons subject to rules, regulations, permits or orders under this Act. Any potential conflict of interest shall be adequately disclosed. 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 hereunder; (2) To encourage, participate in or conduct studies, reviews, investigations, research and demonstrations relating to air quality or sources of air pollution in this State he deems advisable and necessary; (3) To issue permits contemplated by this Act, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend permits; (4) To make investigations, analysis and inspections to determine and insure compliance with this Act, rules and regulations effective pursuant hereto, and any orders which the Director may issue;

"GA1978.1.283">

(5) To advise, consult, cooperate, and contract on air quality matters with other agencies of the State, political subdivisions thereof, other designated organizations of elected officials, 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, subdivisions or designated organizations of elected officials; (6) To conduct such public hearings as he deems necessary for the proper administration of this Act; (7) To collect and disseminate information and to provide for public notification in matters relating to air quality; (8) To issue orders as may be necessary to enforce compliance with the provisions of this Act and all rules and regulations effective hereunder; (9) To institute, in the name of the Division, proceedings of mandamus, injunction or other proper administrative, civil, or criminal proceedings to enforce the provisions of this Act; (10) To exercise all incidental powers necessary to carry out the purposes of this Act, and to accept and administer grant funds; (11) Prepare, develop, amend, modify, submit, and enforce, a comprehensive plan or plans sufficient to comply with the Federal Act (including emission control and limitation requirements, standards of performance, preconstruction review, and other requirements) for the prevention, abatement, and control of air pollution in this State, and providing for the prevention of significant deterioration of air quality and the achievement and maintenance of ambient air quality standards; (12) Encourage voluntary cooperation by persons and affected groups to achieve 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.

"GA1978.1.284">

Section 7. Limitation on Authority. Nothing contained in this Act shall be deemed to grant to the Board, Department, Division, or Director, any jurisdiction or authority to make any rule, regulation, recommendation, or determination, or to enter any order: (1) With respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or operations, if such locations are not subject to regulation under the Federal Act. (2) Affecting the relations between employers and employees with respect to or arising out of any air conditions; except that, a source which uses a supplemental or intermittent control system for purposes of complying with an order issued by the Director under Section 13, or the Administrator under 42 U.S.C. Sec. 7413(d) of the Federal Act, may not temporarily reduce the pay of any employee by reason of the use of supplemental or intermittent or other dispersion dependent control systems for control of emissions of air pollutants. (3) Limiting or restricting the owners of any forest land from burning over their own land, provided, such burning is consistent with the requirements of the Federal Act. Section 8. Factors to be considered in exercising powers and responsibilities related to air quality. The following factors shall be considered in exercising powers and responsibilities related to air quality. Provided, however, such factors shall be considered only to the extent consistent with the Federal Act and considerations of costs and technical feasibility shall be subordinate to considerations of public health. (1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere which may cause air pollution in a particular area of the State; (2) Existing physical conditions and topography; (3) Prevailing wind directions and velocities;

"GA1978.1.285">

(4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions; (5) Possible chemical reactions between air contaminants or between such contaminants and air gases, moisture, or sunlight; (6) The predominant character of development of the area of the State, such as residential, highly developed industrial area, commercial, or other characteristics; (7) The question of priority of location in the area involved; (8) Availability of air-cleaning devices and means of emission limitation; (9) Economic feasibility of such devices and means; (10) Effect on normal human health of particular air contaminants; (11) Effect on efficiency of industrial operations resulting from use of air-cleaning devices or means of emission limitation; (12) Extent of danger to property in the area reasonably to be expected from any particular air contaminant; (13) Interference with the reasonable enjoyment of life by persons in the area and the conduct of established enterprises which can reasonably be expected from air contaminants; (14) The volume of air contaminants emitted from a particular class of air contaminant source; (15) The economic and industrial development of the State and the social and economic value of the source of air contaminants; (16) The maintenance of public enjoyment of the State's natural resources; and (17) Other factors which the Board or Director may find applicable.

"GA1978.1.286">

Section 9. Permits for construction or operation of air pollution sources or facilities. (1) No person shall, and it shall be unlawful and a violation of this Act to, construct, install, modify, own or operate any stationary facility or stationary source, or any equipment, device, article, or process capable of causing or contributing to the emission of air contaminants from such source, or designed to prevent air pollution from such sources, unless permitted by and in compliance with a permit from the Director. An application for a permit shall be submitted in such manner and form as the Director may prescribe. A permit shall be issued to an applicant on evidence satisfactory to the Director of compliance with the provisions of this Act and any standards, limitations, requirements, or rules and regulations pursuant to this Act. (2) The Director may require that applications for such permits shall be accompanied by plans, specifications, and such other information as he deems necessary to make a determination of compliance with this Act and rules or regulations pursuant to this Act. (3) The Director may revoke, suspend, modify or amend any permit issued, for cause, including but not limited to, the following: (a) violation of any condition of said permit, or failure to comply with a final order of the Director; (b) failure to comply with any applicable rules or regulations in effect pursuant to this Act; (c) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts, or failure to inform the Division of modifications affecting emissions; (d) modifications which affect emissions. In the event of modification, amendment, 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.

"GA1978.1.287">

(4) Possession of an approved permit shall not be construed so as to relieve any person of the responsibility to comply with applicable emission limitations, or standards of performance, or with any other provision of this Act or rules or regulations adopted pursuant to or in effect under this Act, except as may be specifically provided in such permit. (5) Any permit (or any modification, revocation, suspension or amendment of a permit) issued by the Director shall become final unless a petition for hearing in accordance with Section 17 of this Act is filed. Section 10. Permit related fees/costs of public notice. (1) The owner or operator of any major stationary facility or source shall pay as a condition of any permit required under this Act or under Code Chapter 88-9 Air Quality Control, approved April 14, 1967, (Ga. Laws 1967, p. 581, et seq.), as amended, a fee sufficient to cover: (a) The reasonable cost of reviewing and acting upon any application for a permit under this Act and, (b) The reasonable cost (incurred after the effective date of this enactment) of implementing and enforcing and enforcing the terms and conditions of any permit issued under this Act or under Code Chapter 88-9 Air Quality Control, approved April 14, 1967, (Ga. Laws 1967, p. 581, et seq.), as amended, whether the permit was issued before or after the effective date of this enactment. Such cost shall not include any court cost or other costs associated with any judicial enforcement action. (2) The owner or operator of any stationary source shall pay any cost or expense associated with public notices or notifications required pursuant to this Act or the Federal Act. (3) The Director may provide for the payment to and collection by the Division of the permit related fees or costs of notice required pursuant to this Section.

"GA1978.1.288">

(4) All fees or costs required of persons in subsections (1) and (2) above collected by the Division shall be paid to the general fund of the State Treasury. Section 11. Inspections and Investigations. (1) For the purpose of determining whether any person subject to the requirements of this Act is in compliance with any standard or requirement imposed pursuant to this Act, or (2) for the purpose of investigating conditions relating to air pollution or possible air pollution, where the Director is in possession of information sufficient to form a reasonable belief that air pollution or possible air pollution in violation of this Act is occurring or about to occur, (3) the Director or his authorized representative, upon presentation of his credentials, shall have a right to enter to, upon, or through premises of persons subject to the Act or premises whereon a violation of the Act is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, sample emissions, and inspect for compliance with the requirements imposed under this Act or to determine whether such a violation or threatened violation exists. Section 12. 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 13. Delayed Compliance Orders. (1) The Director may issue, to any stationary source which demonstrates an inability to comply with requirements under this Act,

"GA1978.1.289">

an order which specifies a date for final compliance with any requirement under this Act later than the effective date of this Act, if: (a) Such order is issued after notice to the public (and, as appropriate, to the Administrator) containing the content of the proposed order and opportunity for public hearing; (b) The order contains a schedule and timetable for compliance; (c) The order requires compliance with applicable interim requirements as provided in subsection (5) (relating to sources converting to coal), and subsections (6) and (7) (relating to all sources receiving such orders), and requires the emission monitoring and reporting by the source required by this Act; (d) The order provides for final compliance with requirements under this Act as expeditiously as practicable, but (except as provided in subsections (4) or (5)) in no event later than, either: (i) July 1, 1979; or, (ii) three years after the date required or specified for compliance with the requirement with respect to which the order relates. The date required or specified for compliance shall be the date required or specified for compliance in former Code Chapter 88-9 Air Quality Control, approved April 14, 1967, (Ga. Laws 1967, p. 581, et seq.), as amended, (replaced by this Act) or in rules and regulations adopted or permits or orders issued pursuant thereto, when the requirement is one initially imposed thereunder and continued in effect by this Act. With respect to requirements initially imposed by this Act or by rules or regulations adopted hereunder the date required or specified for compliance shall be the date required or specified for compliance by this Act or by the rule or regulation adopted hereunder; whichever (either (i) or (ii)) is later. (e) In the case of a major stationary source, the order notifies the source that it will be required to pay a noncompliance penalty as provided in Section 20 in the event such source fails to achieve final compliance by July 1, 1979.

"GA1978.1.290">

(2) In the case of any major stationary source, no such order issued by the Director shall take effect until the Administrator determines that such order has been issued in accordance with the requirements of the Federal Act. In the case of any source other than a major stationary source, such order issued by the Director shall cease to be effective upon a determination by the Administrator that it was not issued in accordance with the requirements of the Federal Act. In any case no order shall be issued by the Director under this Section if the proposed order would be in violation of requirements imposed by the Federal Act. No order issued under this Section to a source subject to 42 U.S.C. Section 7411 shall be effective unless it meets the requirements for the issuance of a waiver under 42 U.S.C. Section 7411(j), and is approved by the Governor. Nothing in this Section shall be construed as limiting the authority of the Board or Director to adopt and enforce a more stringent emission limitation or more expeditious schedule or timetable for compliance than that contained in any order the Administrator may issue under the Federal Act. (3) If any source not in compliance with any requirement of this Act gives written notification to the State that such source intends to comply by means of replacement of the facility, a complete change in production process, or a termination of operation, the Director may issue an order under subsection (1) of this Section permitting the source to operate until July 1, 1979, without any interim schedule of compliance. Provided, that as a condition of the issuance of any such order, the owner or operator of such source shall post a bond or other surety, acceptable to the Director and payable to the State, in an amount equal to the cost of actual compliance by such facility and any economic value which may accrue to the owner or operator of such source by reason of the failure to comply. If a source for which the bond or other surety required by this paragraph has been posted fails to replace the facility, change the production process, or terminate the operations as specified in the order by the required date, the owner or operator shall immediately forfeit on the bond or other surety and the Director shall have no discretion to modify the order under this Section or to compromise the bond or other surety, unless allowed by the Federal Act. (4) An order as provided in subsection (1) of this Section may be issued to an existing stationary source if the following terms and conditions are met:

"GA1978.1.291">

(a) The source will expeditiously use new means of emission limitation which the Director determines is likely to be adequately demonstrated (within the meaning of, and consistent with, 42 U.S.C. Section 7411 (j) of the Federal Act) upon expiration of the order; and, (b) Such new means of emission limitation is not likely to be used by such source unless an order is granted under the terms of this subsection; and (c) Such new means of emission limitation is determined by the Director to have a substantial likelihood of: (i) Achieving greater continuous emission reduction than the means of emission limitation which, but for such order would be required; or (ii) Achieving an equivalent continuous reduction at lower cost in terms of energy, economic, or non-air quality environmental impact; and (d) Compliance by the source with the requirement which is the subject of the order would be impracticable prior to, or during, the installation and use of such new means. An order under the terms of this subsection shall provide for final compliance with the requirements of this Act as expeditiously as practicable, but in no event later than five (5) years after the date required or specified for compliance with the requirement. (The date required or specified for compliance shall be determined as in subsection (1) (d) (ii).) (5) (a) Any major stationary source which is burning petroleum products or natural gas, or both and which: (i) Is prohibited from doing so under an order pursuant to the provisions of Section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 or any amendment thereto, or any subsequent enactment which supersedes such provisions; or (ii) Within one year after August 7, 1977, gives notice of intent to convert to coal as its primary energy source because of actual or anticipated curtailment of natural gas supplies under any curtailment plan or schedule approved by the Federal Power

"GA1978.1.292">

Commission (or, in the case of intrastate natural supplies, approved by the appropriate State regulatory commission); and, (iii) Which thereby would no longer be in compliance with any requirement of this Act; and (iv) Which is issued an order by the Administrator under Section 113(d) (5) (A) of the Federal Act, 42 U.S.C. Section 7413 (d) (5) (A); shall, (b) Comply with the emission limitations, requirements and measures required by the Administrator under Section 113(d) (5) of the Federal Act and by the Director under subsection (7) (b). (6) An order issued to a source under this Section shall set forth compliance schedules containing increments of progress which require compliance with the requirement postponed as expeditiously as practicable. (7) A source to which an order is issued by the Director under subsection (1), (3), or (4) of this Section (or by the Administrator under Section 113(d) (5) of the Federal Act) shall, (a) Use the best practicable system or systems of emission reduction as determined by the Director (or the Administrator, if the order is issued under Section 113(d) (5) of the Federal Act) taking into account the requirement with which the source must ultimately comply) for the period during which such order is in effect; and, (b) Shall comply with such interim requirements as the Director determines are reasonable and practicable. Such interim requirements shall include: (i) Such measures as the Director determines are necessary to avoid an imminent and substantial endangerment to health of persons, and (ii) A requirement that the source comply with all other requirements of this Act during any such period insofar as such source is able to do so (as determined by the Director).

"GA1978.1.293">

(8) Any order issued under this Section shall be terminated if the Director determines, after notice and hearing, that the inability of the source to comply no longer exists. If the owner or operator of the source to which the order is issued demonstrates that prompt termination of such order would result in undue hardship, the termination shall become effective at the earliest practicable date on which such undue hardship would not result, but in no event later than the date required under this Section. (9) If the Director determines that a source to which an order is issued under this Section is in violation of any requirement of this Section, or the order, he shall: (a) Enforce such requirement as provided for violations of this Act, (b) After notice and opportunity for public hearing, revoke such order and enforce compliance with the requirement with respect to which such order was granted. (c) Give notice of noncompliance and commence action under Section 16 of this Act, or Section 20 of this Act, (d) Take any appropriate combination of such actions. (10) During the period of the order issued under this Section and where the owner or operator is in compliance with the terms of such order, no other enforcement action under this Act shall be pursued against such owner or operator based upon noncompliance during the period the order is in effect with respect to the requirement for the source covered by such order. Section 14. Proceedings before the Director. Whenever the Director has reason to believe that a violation of any provisions of the Act or rule or regulation of the Board or any order of the Director has occurred, he shall attempt to remedy the same by conference, conciliation and persuasion. In the case of failure of such conference, conciliation or persuasion to correct or remedy any violation, the Director may cause a written complaint to be served on the alleged violator or violators. The complaint shall specify the provisions of the Act or regulation or order alleged to have been violated,

"GA1978.1.294">

the fact alleged to constitute a violation thereof, and shall require that necessary corrective action be taken within a reasonable time to be prescribed in such complaint. If the person or persons named in the complaint fail to take the required corrective action as prescribed then the Director may issue an order to such person or persons requiring compliance with the Act, rule, regulation or prior order. Any order issued by the Director under this Section of the Act shall be signed by the Director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the Department pursuant to Section 17. Any order which would result in a delay or extension of the time required or specified for compliance with a requirement must meet the requirements of and be issued pursuant to Section 13 of this Act. Section 15. Emergency Powers. Notwithstanding any other provision of this Act, the Director, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons, may bring suit as provided in Section 12 to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the Director, with the concurrence of the Govennor, may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollution source (or sources). Prior to issuing an order under this Section, the Director shall consult with local authorities in order to confirm the correctness of the information on which action proposed to be taken is based and to ascertain the action which such authorities are or will be taking. Notwithstanding Sections 12, 13, 14, and 17 of this Act, such order shall be immediately effective for a period of not more than twenty-four hours unless the Director brings an action under the first sentence of this Section before the expiration of such period. Whenever the Director brings such an action within such period, such order shall be effective for a period of forty-eight hours or such longer period as may be authorized by the court pending litigation or thereafter. Section 16. Civil penalties and procedures for imposing such penalties.

"GA1978.1.295">

(1) Civil Penalties. Any person violating any provision of this Act or rules or regulations hereunder or any permit condition, or limitation established pursuant to this Act, or failing or refusing to comply with any final order of the Director issued as provided herein, shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation. (2) Procedures. Whenever the Director has reason to believe that any person has violated any provision of this Act or any rules or regulations hereunder or any permit condition or has 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 provisions of this Act or any rule or regulation hereunder or any permit condition, or has failed or refused to comply with any final order of the Director, said hearing officer shall issue his initial decision imposing civil penalties as herein provided. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Section 17 of this Act. (3) In rendering a decision under subsection (2) imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following: (a) The amount of assessment necessary to insure immediate and continued compliance, and the extent to which the violator may have profited by failing or delaying to comply; (b) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena; (c) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure; (d) Any prior violations or failures to comply by such person with statutes, regulations, orders or permits administered, adopted or issued by the Director;

"GA1978.1.296">

(e) The economic and financial conditions of such person to the extent allowed in Section 8 of this Act; (f) The character and degree of injury to, or interference with, public health, safety or welfare which is caused or threatened to be caused by such violation or failure; (g) The character and degree of injury to, or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure. (4) All civil penalties recovered by the Director as provided in this Section shall be paid into the State Treasury to the credit of the general fund. Section 17. Hearings on contested matters, judicial review. All hearings on and review of contested matters, orders, or permits and all hearings on and review of any other enforcement actions or orders under this Act, shall be provided and conducted in accordance with the provisions of Section 17(a) of the Executive Reorganization Act of 1972 (Ga. Laws 1972, p. 1015, et seq.), as amended. The hearing and review procedure herein provided is to the exclusion of all other means of hearing or review. Section 18. Judgment in accordance with final orders. Any order of a hearing officer issued after a hearing as provided in Section 17 of this Act, or any order of the Director issued under Section 14 or Section 20 of this Act, either; (1) Unappealed from, as provided in those sections, or, (2) Affirmed or modified on any review or appeal pursuant to Section 17 and from which no further review is taken or allowed under Section 17, may be filed (as unappealed from or as affirmed or modified, if reviewed or appealed) by certified copy from the Director, in the Superior Court of the county wherein the person resides or if said person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county

"GA1978.1.297">

wherein the violation occurred, 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 19. Attorney General to Represent Director. It shall be the duty of the Attorney General to represent the Director or designate some member of his staff to represent the Director in all actions in connection with this Act. Section 20. Noncompliance Penalties. (1) The following sources shall be subject to noncompliance penalties under the conditions specified in this Section: (a) Any major stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or compliance schedule, under any applicable provision of this Act, or any rule, regulation, permit, consent order or decree (whether Federal or State), or final order adopted, issued, consented to, or otherwise in effect under this Act or the Federal Act; or, (b) Any stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or other requirement applicable to such sources, established under 42 U.S.C. Section 7411 or 7412 of the Federal Act; or (c) Any source referred to in paragraph (a) or (b) which has been granted an exemption, extension, or suspension under subsection (6) of this Section or which is covered by a consent order or decree, if such source is not in compliance with any interim emission control requirement or schedule of compliance established under such exemption, extension, suspension, or consent order or decree. (2) Not later than July 1, 1979, or 30 days after the discovery of such noncompliance, whichever is later, the Director shall give a brief but reasonably specific notice of noncompliance to the owner or operator of each source specified in subsection (1) of this Section. Each person given notice by the Director pursuant to this subsection shall either:

"GA1978.1.298">

(a) Calculate the amount of the penalty owed (determined in accordance with subsection (4)) and the schedule of payments (determined in accordance with subsection (4)), for each source owned or operated by such person and not in compliance, and, within 45 days after the issuance of such notice, or within 45 days after a final order or decision denying a petition submitted under subsection 2(b), submit that calculation and proposed schedule, together with the information necessary for an independent verification thereof, to the Director, or (b) Submit a petition, to be filed with the Board within 45 days, challenging such notice of noncompliance or alleging entitlement to an exemption under subsection (6) of this Section, with respect to the source. There shall be a hearing on such petition as provided in subsection (9)(b). (3) If the person to whom notice is issued pursuant to subsection (2) of this Section, does not submit a timely petition under paragraph (b) thereof, or submits a petition which is denied, and, fails to submit a calculation of the penalty assessment and a schedule for payment and the information necessary for independent verification by the Division pursuant to subsection (2)(a) then, the Division may enter into a contract with any person who has no financial interest in the matter, to assist in determining the amount of the penalty assessment or payments schedule with respect to such source as provided in subsection (4). In any instance of noncompliance where a calculation is necessary by the Division under this subsection, any person to whom notice was given under subsection (2) shall make available to Division personnel, and allow access by Division personnel (and disinterested parties contracted with hereunder) to, such financial, operational, and maintenance records as shall be necessary to complete computations under subsection (4). Any such availability or access shall be at a reasonable time and place. The amount of the penalty and payment schedule determined pursuant to a contract entered into by the Director under this subsection shall be final and shall be considered as and given the effect of a submittal by such person pursuant to subsection (2)(a). The Director may issue an assessment pursuant to subsection (4) based upon the determined amount and schedule, and may add to the penalty, as an additional assessment, the cost of carrying out such contract. The Director shall give notice of such assessments to persons against whom such assessments are ordered. Any person against whom costs are

"GA1978.1.299">

assessed under subsection (4) based upon an amount determined pursuant to this subsection, may submit a petition, to be filed with the Board within 45 days after receipt of such notice challenging that portion of the penalty assessed pursuant to subsection (4) which is attributable to the costs of the contract and a hearing shall be held thereon as provided in subsection (9)(b). The filing of a petition as herein provided shall not, however, affect the assessment or payment of noncompliance penalties nor the payment schedule provided in any order assessing those penalties. (4) Unless there has been a final determination under subsection (9)(b) on a petition submitted under subsection (2)(b), finding no noncompliance or finding the existence of an exemption, penalties or costs shall be assessed (and payment schedules prescribed therefor) by order of the Director directed to and against the person or persons to whom notice of noncompliance is given. Said penalties or costs shall be computed, assessed, and paid as follows: (a) For each quarter (or any part of a quarter) of any period of covered noncompliance the amount of the noncompliance penalty assessment shall be, no less than the quarterly equivalent of the capital cost of compliance and debt service over a normal amortization period, not to exceed 10 years, and operation and maintenance cost foregone as a result of noncompliance, and any additional economic value or gain which a delay in compliance beyond July 1, 1979, may have or produce for the owner or operator of such source; minus, (b) The amount of any expenditure made by the owner or operator of that source during any such quarter for the purpose of bringing that source into and maintaining compliance with such requirement to the extent that such expenditures have not been taken into account in the calculation of the penalty under paragraph (a). To the extent that any expenditure under this paragraph (b) made during any quarter is not subtracted for such quarter from the costs under paragraph (a), such expenditure may be subtracted for any subsequent quarter for such cost, except that in no event shall the amount paid be less than the quarterly payment minus the amount attributed to actual cost of construction. (c) The penalties or costs assessed shall be paid to the Director in quarterly installments. All quarterly payments (determined without

"GA1978.1.300">

regard to any adjustment or any subtraction under paragraph (b) after the first payment) shall be equal. The first payment shall be due on the date six months after the date of issuance of the notice of noncompliance under subsection (2) with respect to any source or on January 1, 1980, whichever is later. Such first payment shall be in the amount of the quarterly installment for the upcoming quarter, plus the amount owed for a preceding period within the period of covered noncompliance for such source. (d) The term period of covered noncompliance means the period which begins (i) On July 1, 1979, in the case of a source for which notice of noncompliance under subsection (2) is issued on or before July 1, 1979, or, (ii) On the date of issuance of the notice of noncompliance under subsection (2) in the case of a source for which such notice is issued after July 1, 1979, and ending on the date on which such source comes into (or for the purpose of establishing the schedule of payments, is estimated to come into) compliance with such requirement. (e) The Director is authorized to issue a final order of assessment (and payment schedule) from which no appeal or review may be taken, based upon any of the following: (i) The calculated amount of penalty and payment schedule submitted, pursuant to subsection (2)(a) (whether submitted within 45 days after notice or within 45 days after a final order or decision denying a petition submitted under subsection (2)(b)), by the person to whom notice of noncompliance was given, and to which no adjustment is made by the Director under subsection (5); or (ii) Upon an adjusted amount and payment schedule computed as provided in subsection (5) and becoming final under subsection (9)(a) or upon any hearing or appeal provided for under subsection (5); or,

"GA1978.1.301">

(iii) Upon an amount and payment schedule determined and becoming final pursuant to subsection (3); or with respect to assessments of costs authorized under subsection (3), upon an amount and payment schedule for costs assessed as provided in subsection (3), becoming final pursuant to subsection (9)(a) or upon any hearing or appeal provided for under subsection (3); or, (iv) Upon an amount of nonpayment penalty and payment schedule therefor computed as provided in subsection (8), becoming final under subsection (9)(a), or upon any hearing or appeal provided for under subsection (8); or, (v) Upon an amount of final adjustment and payment schedule therefor computed as provided in subsection (7), becoming final under subsection (9)(a) or upon any hearing or appeal provided for under subsection (7). (f) The Director is authorized to issue an order of assessment (and payment schedule) for, costs of contracts entered into under subsection (3), adjusted noncompliance penalty amounts determined under subsection (5), final adjustments under subsection (7), and nonpayment penalties computed under subsection (8), or for other amounts authorized in this Section. Such assessments (and payment schedules) shall be subject to review as provided in the relevant subsection. (5) The amount of the penalty assessment calculated or the payment schedule proposed by any person pursuant to Section (2)(a) shall be subject to adjustment by the Director, if the Director finds that the assessment or proposal does not meet the requirements of this Section. The Director shall issue an assessment pursuant to subsection (4) based upon such adjustment and shall give notice of such adjusted assessment. Any person making a submittal under subsection (2)(a) receiving a notice of adjusted assessment may submit a petition to the Board within 45 days challenging such adjusted assessment and a hearing shall be held thereon as provided in subsection (9)(b). The Director is authorized to require a final adjustment of the penalty within 180 days after such source comes into compliance, in accordance with subsection (7).

"GA1978.1.302">

(6) (a) Notwithstanding the requirements of subsections (1)(a) and (1)(b) the owner or operator of any source shall be exempted from the duty to pay any noncompliance penalty, if, in accordance with the procedures of subsection (2)(b), the owner or operator demonstrates that the failure of such source to comply with any such requirement is due solely to: (i) A conversion by such source from the burning of petroleum products or natural gas, or both, as the permanent primary energy source to the burning of coal pursuant to an order under 42 U.S.C. Sec. 7413(d)(5), or 42 U.S.C. Sec. 1857c-10 (Supp. 1977) (as in effect before the date of enactment of the Clean Air Act Amendments of 1977); or in the case of a coal-burning source granted an extension under the second sentence of 42 U.S.C. Sec. 1857c-10(c)(1) (Supp. 1977) (as in effect before the date of the enactment of the Clean Air Act Amendments of 1977) a prohibition from using petroleum products or natural gas or both, by reason of an order under the provisions of Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 or under any legislation which amends or supersedes such provisions; or (ii) The use of innovative technology sanctioned by an enforcement order issued by the Director consistent with the requirements of Section 13(4) of this Act or by the Administrator pursuant to 42 U.S.C. Sec. 7413(d)(4) of the Federal Act; or (iii) An inability to comply with such requirement, which inability results from reasons entirely beyond the control of the owner or operator of such source or of an entity controlling, controlled by or under common control with the owner or operator of such source and, which inability has resulted in a delayed compliance order (or an order under 42 U.S.C. Sec. 7413 as it existed prior to August 7, 1977); or (iv) The conditions by reason of which a temporary emergency suspension has been authorized with regard to such source, by order of the Governor, or his designee in accordance with 42 U.S.C. Sec. 7410(f) or (g).

"GA1978.1.303">

Any exemption under (6)(a) ceases to be effective if the person subject to the order fails to comply with the interim emission control requirements or schedules of compliance (including increments of progress) under any extension, order, or suspension. (b) The Director may, after notice and opportunity for public hearing as provided for in this Act exempt any source from the requirements of this Section with respect to a particular instance of noncompliance, if he finds that such instance of noncompliance is de minimis in nature and in duration. (7) On making a determination that a source, with respect to which a penalty has been paid as assessed under this Section, is in compliance, and is maintaining compliance with the applicable requirement, the Director shall review the actual expenditures made by the owner or operator of such source for the purpose of obtaining and maintaining compliance, and shall within 180 days after such source comes into compliance provide for a final adjustment of the penalties paid, to be made by order of the Director under subsection (4): (a) And provide reimbursement, with interest at appropriate prevailing rates, of any overpayment by such person, or (b) Assess and collect pursuant to subsection (4), an additional payment with interest at appropriate prevailing rates for any under-payment by such person. The Director shall give notice of any final adjustment under this subsection. Any person receiving such notice may submit a petition, filed with the Board within 45 days after receipt of such notice, for a hearing pursuant to subsection (9)(b) challenging such final adjustment. The sole issue on such petition shall be the validity and amount of the final adjustment and any assessment of that amount. (8) Any person who fails to pay the amount of any penalty or cost assessed with respect to any source under this Section on a timely basis shall be required to pay and the Director shall assess under subsection (4), in addition, a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to twenty percent (20%) of the aggregate amount of such person's penalties, costs, and nonpayment penalties with respect to such source which are unpaid

"GA1978.1.304">

as of the beginning of such quarter. The Director shall give notice of the assessment of nonpayment penalties provided for in this subsection. Any person receiving such notice may submit a petition, to be filed with the Board within 45 days after receipt of such notice, for a hearing pursuant to subsection (9)(b) challenging such nonpayment penalty. The filing of such a petition shall not, however, affect the assessment or payment of noncompliance penalties nor the payment schedule prescribed for payment in any order assessing those amounts. The sole issue in a petition under this subsection is the validity and amount of the nonpayment penalty assessment. (9) (a) (i) If any person receiving a notice under subsection (2) does not submit a petition as provided in subsection (2)(b), and the Director issues an assessment for noncompliance penalties pursuant to subsection (4), based upon an amount determined under subsection (3); or, (ii) If the Director makes an adjustment under subsection (5) to a submittal made under subsection (2)(a), and issues an assessment pursuant to subsection (4) based on that adjustment, and no petition as provided in subsection (5) is filed challenging such adjustment; or, (iii) If the Director enters into a contract pursuant to subsection (3) and issues an assessment of costs pursuant to subsection (4) based upon the contract entered into under subsection (3) and no petition is filed, as provided in subsection (3) challenging the assessed costs; or, (iv) If the Director makes an assessment of nonpayment penalties, computed as provided for in subsection (8), pursuant to subsection (4), and no petition is filed as provided in subsection (8), challenging that assessment of nonpayment penalties; or, (v) If the Director makes a final adjustment under subsection (7) and issues an assessment therefor pursuant to subsection (4) based upon that final adjustment and no petition is filed as provided for in subsection (7), challenging such final adjustment assessment;

"GA1978.1.305">

then, in any such case or cases, such assessment or assessments become final and no hearing or appeal may be taken. (b) In all cases where a petition is filed, as provided in either subsection (2)(b) challenging the notice (or alleging exemption), or subsection (3) challenging the costs of contract, or subsection (5) challenging the adjustment, or subsection (7) challenging the final adjustment, or subsection (8) challenging the nonpayment penalties, hearing and review of the assessment, based upon such challenge, shall be provided in accordance with Section 17 of this Act. The hearing officer's initial decision and order shall in all such cases be issued within 90 days after receipt of any petition. (10) Any order, payments, sanctions, or other requirements under this Section shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this Act, and shall in no way affect any action for civil penalties pursuant to Section 16, criminal penalties pursuant to Section 24, or injunctive relief pursuant to Section 12. The noncompliance penalties provided for in this Section are intended to be wholly cumulative with any and all remedies, procedures, or requirements of this Act. (11) In the case of any emission limitation or other requirement ordered, approved, adopted, or promulgated by the Board, Department, Division, or Director, under this Act, after the effective date of this enactment, which is more stringent than the emission limitation or other requirement for the source in effect prior to such order, approval, adoption, or promulgation, if any, or where there was no emission limitation or other requirement approved, adopted, or promulgated before the effective date of this enactment, the date for imposition of the noncompliance penalty under this Section, shall be either July 1, 1979, or the date on which the source is required to be in full compliance with such emission limitation or other requirement, whichever is later, but in no event later than three years after the issuance, approval or promulgation of such emission limitation or other requirement. (12) All noncompliance penalties recovered by the Director as provided in this Section shall be paid into the State Treasury to the credit of the general fund; provided, however, the Director may retain such penalties in an escrow account created for that purpose until a final determination and adjustment has been made under

"GA1978.1.306">

subsection (7) of this Section with respect to a period of noncompliance by a particular source or facility, and provided further, that any amounts assessed and collected for costs of contracts entered into by the Director under subsection (3) may be retained and used by the Director to pay the costs of such contracts. After assessment and collection of a final adjustment the final remaining penalty amount and any accumulated interest thereon shall be paid to the State Treasury. During the pendency of such escrow period the Director is authorized to invest such escrow amounts to earn appropriate prevailing rates of interest in institutions in this State insured by the Federal Savings and Loan Insurance Corporation. Section 21. Authority of the Governor. Notwithstanding any other provision of this Act relating to the authority, power, and responsibility of the Board, Department, Division, or Director, the Governor is authorized to designate air quality regions within the State as provided in 42 U.S.C. Sec. 7407(e), as amended; petition the President as provided in 42 U.S.C. Sec. 7410(f), as amended; make application to the Administrator pursuant to 42 U.S.C. Sec. 7411(g), as amended; consent to waivers pursuant to 42 U.S.C. Sec. 7411(j), as amended; require measures to prevent economic disruption of employment pursuant to 42 U.S.C. Sec. 7425, as amended; redesignate areas of the State to allow maximum industrial development pursuant to 42 U.S.C. Sec. 7474, as amended; recommend variances pursuant to 42 U.S.C. Sec. 7475, as amended; designate organizations pursuant to 42 U.S.C. Sec. 7504, as amended; and to take such other specific acts required by Governors under 42 U.S.C. Sec. 7401, et seq., as amended; all subject to the Governor's power to delegate such authority by executive order or otherwise to the Director. Section 22. Confidential Information. Information relating to secret processes, devices, or methods of manufacture or production obtained by the Division in the administration of this Act shall be kept confidential, provided, however, reports on the nature and amounts of stationary source emissions obtained by the Division shall be available for public inspection from the Division. This Section shall have no effect on the Division's duty to provide such information to the Administrator, or his agents or representatives, pursuant to the Federal Act.

"GA1978.1.307">

Section 23. Rules, Regulations, Permits, and Orders Continued in Effect. It is the Legislative intent that: (1) To the extent consistent with the provisions of this Act the Georgia Department of Natural Resources Rules and Regulations for Air Quality Control, Chapter 391-3-1, of the Secretary of State's Official Compilation of Rules and Regulations of the State of Georgia, adopted or promulgated by the Board pursuant to Georgia Code Chapter 88-9, Air Quality Control, approved April 14, 1967, (Ga. Laws 1967, p. 581, et seq.), as amended, shall continue in force and effect as rules and regulations pursuant to this Act. This law shall be considered as legal authority for those rules and regulations and any reference in those rules and regulations shall be interpreted and read as a reference to this Act and those rules and regulations shall not be considered insufficient or defective for reason of reference to or stated reliance upon Code Chapter 88-9 instead of this Act. (2) All currently effective permits issued under Code Chapter 88-9 Air Quality Control, approved April 14, 1967, (Ga. Laws, 1967, p. 581, et seq.), as amended, shall continue in effect to the extent consistent with this Act. All references in those permits to that Code Chapter or to rules and regulations thereunder shall be construed to refer to the appropriate provisions of this Act and rules or regulations effective hereunder and all persons permitted under that Code Chapter are hereby required to comply with this Act and rules and regulations effective under this Act. (3) All final orders issued by the Director and all consent orders entered into by the Director pursuant to Code Chapter 88-9, Air Quality Control, approved April 14, 1967, (Ga. Laws 1967, p. 581, et seq.), as amended, shall continue in effect to the extent consistent with this Act. (4) All such rules, regulations, permits, or orders referred to in subsections (1), (2), or (3) above, shall be considered rules, regulations, permits, or orders under this Act and shall continue in effect as rules, regulations, permits, or orders (as the case may be), under this Act only until such time as the Board or the Director in the exercise of their respective powers, duties or responsibilities under this Act shall adopt or issue other rules, regulations, permits, or orders inconsistent therewith or shall revoke, revise, modify, suspend or

"GA1978.1.308">

repeal such rules, regulations, permits or orders as provided in this Act. (5) A violation of any rule, regulation, permit condition, or order continued in effect by or adopted or issued pursuant to this Act is a violation of this Act. 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 Repealer. Code Chapter 88-9 Air Quality Control, approved April 14, 1967, (Ga. Laws 1967, p. 581, et seq.) as amended, is hereby repealed in its entirety and is replaced by this Act. Rules, regulations, permits, or orders adopted or issued pursuant thereto are continued in effect as provided in Section 23. 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 6, 1978.

"GA1978.1.309">

GEORGIA PUBLIC REVENUE CODE. Code Title 91A Created. No. 795 (House Bill No. 3). AN ACT To amend the Code of Georgia of 1933, as amended, so as to exhaustively and completely codify, revise, clarify, classify, consolidate, modernize, and supersede certain revenue laws and laws related to the raising and expenditure of public revenues in this State; to provide legislative intent; to create Title 91A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for the continuation of certain forms and filings; to provide for the continuation in office of certain elected and appointed State and local officials; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and violations; to provide a State administrative organization for the enforcement of the revenue laws of this State; to specify duties and powers of the Department of Revenue and the State Revenue Commissioner; to provide for State and local administration of certain revenue law and laws related to the raising and expenditure of public revenues in this State; to provide for the ad valorem taxation of property; to specify exemptions from ad valorem taxation of property; to provide for county taxation and the purposes of county taxation; to provide for county tax officials and for the administration and enforcement of local taxes; to provide for uniform property tax administration and equalization; to provide for certain State loans to counties; to provide for municipal taxation and for the administration and enforcement of municipal taxation; to provide for refunds of local taxes erroneously or illegally assessed and collected; to authorize local reserve funds; to provide for school taxation and for the administration and enforcement of school taxation; to provide for the taxation of certain franchises; to provide for the ad valorem taxation of motor vehicles and mobile homes; to provide for the ad valorem taxation of public utilities; to provide for the ad valorem taxation of airline companies; to provide for the taxation of intangible personal property; to provide for a real estate transfer tax; to provide an intangible recording tax; to provide for taxation of financial institutions; to provide for State income taxation; to provide for the imposition, rate, and computation of income taxation; to

"GA1978.1.310">

provide exemptions from income taxation; to provide for returns and the furnishing of information; to provide for administration and enforcement of income taxation; to provide for local income taxation and for the administration and enforcement of local income taxation; to provide for a State tax on sales, use, and other transactions; to provide for imposition, rate, and computation of the tax; to specify exemptions; to provide for administration and enforcement of the tax; to provide for a local tax on sales, use, and other transactions and for administration and enforcement of the tax; to provide for motor fuel and road taxes; to provide for motor vehicle license fees and tags; to provide for taxation of cigars and cigarettes; to provide for estate taxation; to provide for specific, business, and occupation taxes; to provide for excise taxes on rooms, lodgings, or accommodations; to provide for corporate net worth taxation; to provide for grants and special revenue disbursements; to specify certain crimes and penalties; to repeal Title 92, as amended, of the Code of Georgia of 1933, as amended, which Title relates to public revenue; to repeal specific Sections of the Code of Georgia of 1933, as amended; to repeal specific laws; to repeal specific laws based upon categories of population; to provide that the Act does not repeal or impair certain laws; to provide for severability; to provide for all other matters relative to the foregoing; to provide for application; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Legislative intent . The General Assembly recognizes that not since the adoption of the Code of Georgia of 1933 has a general recodification of the revenue laws of this State been undertaken. It is further recognized that in the intervening forty-five years numerous important State and local revenue laws have been altered or amended in a substantive fashion and that important new revenue laws have been enacted, and amended, independently of the Code of Georgia. It is, therefore, the intent of the General Assembly by the passage of this Act to provide for a general recodification of revenue laws of this State and that, as a part of the recodification effort, obsolete and duplicative provisions be omitted from the Revenue Code, administrative provisions be made uniform wherever such uniformity is possible without major substantive change, and the usage of simple, understandable English be introduced into the Revenue Code and revenue laws of this State. It is not the intent of

"GA1978.1.311">

this Act to make any substantive change in the revenue laws of this State, except as expressly provided for in this Act. Section 2. Title 91A created . The Code of Georgia of 1933, as amended, is hereby amended by adding a new Title after Title 91 thereof, to be designated Title 91A, to read as follows: TITLE 91A. PUBLIC REVENUE PART I. PROVISIONS APPLICABLE TO DEPARTMENT OF REVENUE AND TAXATION GENERALLY CHAPTER 91A-1. GENERAL PROVISIONS 91A-101. Short title. This Title shall be known and may be cited as the `Georgia Public Revenue Code.' 91A-102. Definitions. As used in this Title: (a) `Agency' means any department, commission, institution, office, or officer of this State. (b) `Aircraft' means any contrivance used or designed for navigation or flight through the air. (c) `Airline company' means any person who undertakes, directly or indirectly, to engage in the scheduled transportation by aircraft of persons or property for hire in intrastate, interstate, or international transportation. (d) `Census' means the United States Decennial Census of 1970 or any future such census. (e) `Commissioner' means the State Revenue Commissioner. (f) `Contraband article' means: (1) Any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of Georgia.

"GA1978.1.312">

(2) Any article, plate, die, stamp, machine, apparatus, or paraphernalia, or other device or material designed for use, intended to be used, or used in the making of any such unauthorized, false, forged, altered, or counterfeit revenue stamp or marking. (3) Any article or property to which any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, evidencing the payment of any tax imposed by the revenue laws of Georgia is attached or affixed. (g) `Department' means the Department of Revenue of the State of Georgia. (h) `Deputy Commissioner' means the Deputy Revenue Commissioner. (i) `Domestic,' when applied to any corporation or association (including, but not limited to, a partnership) means created, organized, or domesticated in this State. (j) `Fiduciary' means a guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any person. (k) `Fiscal Division' means the Fiscal Division of the Department of Administrative Services of the State of Georgia. (l) `Foreign,' when applied to any corporation or association (including, but not limited to, a partnership) means created or organized outside this State. (m) `Individual' means a natural person. (n) `Intangible personal property, means the capital stock of all corporations, money, notes, bonds, accounts, or other credits, secured or unsecured, patent rights, copyrights, franchises, and all other classes and kinds of property defined by law as intangible personal property whether or not enumerated in this definition and whether or not similar to the class enumerated in Chapter 91A-31.

"GA1978.1.313">

(o) `Internal Revenue Code' or `Internal Revenue Code of 1954' means the United States Internal Revenue Code of 1954 as it existed on January 1, 1980. In the event a reference is made in this Title to the Internal Revenue Code as it existed on a specific date prior to January 1, 1980, the term shall mean the Internal Revenue Code as it existed on such prior date. Unless otherwise provided in this Title, any term used in this Title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954 in force and effect on January 1, 1980. (p) `Internal Revenue Service' or `IRS' means the Internal Revenue Service of the United States Department of the Treasury. (q) `Member of the armed forces' means commissioned officers and personnel below the grade of commissioned officers in all regular and reserve components of the uniformed services subject to the jurisdiction of the United States Department of Defense. Such term also includes the Coast Guard, but it does not include civilian employees of the armed forces. (r) `Municipality' means an incorporated municipality in this State. (s) `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, private, or quasi-public. (t) `Personal property' means all tangible personal property and all intangible personal property, as such terms are defined in this Title. (u) `Personal representative' means the duly qualified and acting personal representative of the estate of a decedent or, if there is no duly qualified and acting representative, the person in possession of any property of the decedent. (v) `Public utility' means all railroad companies, street and suburban railroads, or sleeping car companies, or persons or companies operating railroads or street railroads or suburban railroads or

"GA1978.1.314">

sleeping cars in this State, all express companies, including railroad companies doing express, telephone, or telegraph business (except small telephone companies, or persons doing a telephone business, whose capital stock or property is of less value than $5,000), all gas, electric light, electric power, hydroelectric power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridges, railroad equipment and navigation companies, person or persons doing a gas, electric light, electric power, hydroelectric power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridge, railroad equipment, or navigation business, through their president, general manager, owner, or agent having control of the company's offices in this State. (w) `Tangible personal property' means personal property, which may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. The term `tangible personal property' shall not include intangible personal property. (x) `Tax collector' means the county tax collector. (y) `Tax commissioner' means the county tax commissioner. (z) `Tax receiver' means the county tax receiver. (aa) `Taxpayer' means any person made liable by law to file a return or to pay tax. (bb) `United States' means the United States of America. 91A-103. Construction of definitions. As used in this Title, defined words shall have the meanings specified unless the context in which the word or term is used clearly requires that a different meaning be used. 91A-104. Existing forms and filings. Every form of tax document or other tax-related filing lawfully in use immediately prior to January 1, 1980, may continue to be so used and to be effective until the Commissioner otherwise prescribes in accordance with this Code. 91A-105. Existing actions and violations. Repeal by this Title of any law shall not affect or abate any right accrued or vested, any

"GA1978.1.315">

action or proceeding commenced, or any unlawful act committed under such laws. Any person in office pursuant to this Title or its predecessor law on January 1, 1980, shall remain in office until the election, or appointment and qualification of his successor as provided in this Title. CHAPTER 91A-2. STATE ADMINISTRATIVE ORGANIZATION AND GENERAL ADMINISTRATIVE PROVISIONS SUBCHAPTER A STATE ADMINISTRATIVE ORGANIZATION 91A-201. Department of Revenue created. The Department of Revenue is created and shall be under the direction of the State Revenue Commissioner. Except as otherwise expressly provided for by law, the Department shall administer and enforce the revenue laws of this State and such other laws as may be specifically assigned by law to the Department or to the Commissioner. 91A-202. Office of State Revenue Commissioner. (a) The office of State Revenue Commissioner is created. (b) The Commissioner shall be appointed by the Governor, with the consent of the Senate, and shall serve at the pleasure of the Governor. (c) The Commissioner shall receive an annual salary as provided by law, payable monthly or semimonthly, and such salary shall be his total compensation for services as Commissioner. The Commissioner shall not be entitled to receive a contingent expense allowance, except that the Commissioner shall be reimbursed for all actual and necessary expenses incurred by him in carrying out his official duties. (d) The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to the oath required of all civil officers. (e) The Commissioner shall be personally liable to the State for any losses occasioned to it by his own intentional acts of misconduct. To indemnify the State for any such losses, the Commissioner,

"GA1978.1.316">

upon beginning his duties, shall execute and file with the Governor an official surety bond, approved as to form and sufficiency by the Attorney General, in the amount of $100,000. The premium on the Commissioner's bond shall be paid as an expense of the Department. 91A-203. Eligibility for office of Commissioner. (a) Only a person who is, at the time of his appointment, and has been for the immediately preceding 10 years, a bona fide resident of this State shall be eligible for appointment to the office of Commissioner. (b) No member of the General Assembly shall be eligible for appointment either to the office of the Commissioner or to any other position in the Department. (c) No person shall be appointed to the office of the Commissioner who has held any elective office during the 12 months immediately preceding his appointment. 91A-204. Restriction on Commissioner as to elective office. (a) No person serving as Commissioner shall be eligible, during his term of service and for a period of 12 months after the expiration or termination of his term of service, to be a candidate in any primary, special, or general election for any State or federal elective office or to hold any such office. (b) The provisions of subsection (a) shall not be construed to prevent any Commissioner or former Commissioner from being appointed to any elective office, to disqualify him from being a candidate in any election to succeed himself in any such office to which he has been appointed, or to disqualify him from holding any such office in the event he is elected to and otherwise qualifies for the office. 91A-205. Office of Deputy State Revenue Commissioner. (a) There is created the Office of Deputy State Revenue Commissioner who shall exercise the authority of the Commissioner in the matters specified by law and in any other such matters as the Commissioner may delegate to him in writing. The action of the Deputy Commissioner, within the scope of his authority, shall have the same force and effect as the action of the Commissioner.

"GA1978.1.317">

(b) The Deputy Commissioner shall be appointed by the Commissioner. He shall hold office at the pleasure of the Commissioner and shall not be under the State Merit System. To be eligible for appointment as Deputy Commissioner a person shall meet the qualifications required for appointment as Commissioner and shall take the oath of office as required of the Commissioner. (c) The Deputy Commissioner shall receive a salary as determined by the Commissioner, subject to the approval of the Office of Planning and Budget, paid from funds appropriated by the Department. The Deputy Commissioner's salary, in no event, shall exceed the salary of the Commissioner. (d) The Deputy Commissioner shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General, in the same amount as required for the Commissioner. The premium on such bond shall be paid as an expense of the Department. (e) The Deputy Commissioner shall have the authority of the Commissioner to: (1) Issue licenses. (2) Make proposed and final assessments. (3) Deny protests and claims for refund. (4) Issue summons of garnishment. (5) Enter into agreements extending statutory periods of limitation. (6) Issue, amend, and cancel tax executions. 91A-206. Organization of Department; employees; compensation. (a) The Commissioner shall establish by executive order such units within the Department as he deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he may delegate to them in writing.

"GA1978.1.318">

(b) The Commissioner shall have the authority to employ such number of persons as he deems necessary for the administration of the Department and for the discharge of the duties of his office. He shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He shall have authority, as he deems proper, to employ, assign, compensate, and discharge employees of the Department within the limitations of the Department's appropriation, the requirements of the State Merit System, and the restrictions set forth by law. (c) All employees of the Department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the Department on a commission or contingent fee basis. (d) Neither the Commissioner nor any officer or employee of the Department shall be given or receive any fee, compensation, loan, gift, or other thing of value, in addition to the compensation and expense allowance provided by law, for any service or pretended service either rendered, or to be rendered, as Commissioner or as an officer or employee of the Department. 91A-207. Duties of Commissioner in general; Commissioner's power limited. (a) The Commissioner shall: (1) Direct the affairs of the Department in the administration and enforcement of all laws enacted for the purpose of raising revenues for this State by taxation or otherwise. (2) Make studies of taxation in this State and elsewhere with a view to improvement of administration and legislation affecting the people of this State. In this connection, he may assemble and publish such statistics and reports as he may deem advisable within the limitations of his appropriation. (3) Submit to the Governor and each regular session of the General Assembly an annual report of the conduct of his office. As the chief revenue official of the State, he shall advise the Governor and the General Assembly on all matters relating to revenue. (b) The Commissioner shall prepare and publish annually statistics reasonably available with respect to the operations of the provisions

"GA1978.1.319">

of Part IV of this Title, including classification of taxpayers and of income, the amounts allowed as deductions, exemptions, and credits, and any other facts deemed pertinent and valuable. (c) The provisions of this Section enumerating the duties of the Commissioner shall not be construed to exclude other duties assigned to the Commissioner by law. (d) No provision of this Chapter shall be construed so as to give the Commissioner any power to: (1) Make assessments for ad valorem taxation or to collect such assessments from any taxpayer, except in the case of public utilities, as provided by law. (2) Except as otherwise specifically provided for by law, examine the books, records, inventories, or business of any taxpayer for any purpose other than determining liability for taxes collected directly by the Commissioner. 91A-208. Authority to administer oaths and certify. The Commissioner, and every officer or employee of the Department designated by the Commissioner for that purpose, may administer such oaths or affirmations to any person, and certify to such papers, reports, or returns of any person as may be required or authorized under the revenue and license laws or regulations of this State. 91A-209. Delegation of certain duties. (a) When license fees are incidentally collected in connection with regulatory activities of some department of the State Government other than the Department of Revenue and such fees could more economically be collected by the regulatory agency or department than by the Department of Revenue, the Commissioner may commit, by executive order approved by the Governor, the administration of the license fees to the State official responsible for administering the regulatory activities. (b) No commitment pursuant to subsection (a) shall extend beyond the term of office of the Commissioner or of the officer to whom the administration of such fees is committed by the Commissioner.

"GA1978.1.320">

(c) Except as otherwise expressly provided by law, no other department of the State Government may employ any person or persons to collect any fees, licenses, or taxes, or to inspect for the purpose of collecting such fees, licenses, and taxes, except when the authority to collect the licenses, fees, or taxes has been expressly delegated to said department by the Commissioner under the terms of this Section. (d) In any case in which the collection of any tax or license may be delegated as provided in this Section, the Commissioner shall retain supervisory authority over such activity and is charged with this duty. In any case in which the Commissioner finds that a delegation should be revoked, modified, or transferred to another department or other departments, the Commissioner, by executive order approved by the Governor, may make such revocation, modification, or transfer. (e) The provisions of this Chapter shall not in any way affect the collection and administration of those regulatory, professional, and vocational bodies or boards operated under a joint secretary as provided by law and of those other regulatory bodies where a major portion of the licenses are collected by mail. 91A-210. Seal. The Commissioner shall have an official seal of such device as he shall select, with the approval of the Governor. Every certificate and other legal document or paper executed by the Commissioner in the pursuance of any authority conferred upon him by law and sealed with the seal of his office, and all copies or photographic copies of papers certified by him and authenticated by the seal, shall be evidence equally in all cases and in like manner as the original of the document or paper, shall be primary evidence in all cases of the contents of the original, and shall be admissible in any court in this State. 91A-211. Administration of oaths; examination of witnesses and documents; settlements by collectors; collection on commission basis prohibited. (a) In the performance of his duties, the Commissioner, or any agent designated by him in writing, may: (1) Administer oaths.

"GA1978.1.321">

(2) Conduct hearings. (3) Examine witnesses under oath. (4) Subject to the rights of the taxpayer as to rights of privacy guaranteed to him by the Constitution and laws of the State, examine the books, records, inventories, or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer. (b) The power conferred pursuant to subsection (a) shall be exercised with due regard to the rights of the citizen and, when invoked, subject to the approval of the superior courts of this State. (c) The Commissioner, incident to his duties in relation to the collection of State ad valorem taxes, shall investigate settlements by tax collectors or tax commissioners and take appropriate action to collect any revenue due the State which has not been collected or, having been collected, has not been paid to the Commissioner. No official or person may employ or commission any person to collect any of such taxes on a commission basis. 91A-212. Confidentiality provision. (a) Except as otherwise provided in this Section, information secured by the Commissioner incident to the administration of any tax shall be confidential and privileged. Neither the Commissioner nor any officer or employee of the Department shall divulge or disclose any such confidential information obtained from the Department's records or from an examination of the business of any taxpayer to any person other than the Commissioner, an officer or employee of the Department, an officer of the State or local government entitled in his official capacity to have access to such information, or the taxpayer. (b) The provisions of this Section shall not: (1) Be construed to prevent the use of confidential information as evidence before any State or federal court in the event of litigation involving tax liability of any taxpayer. (2) Be deemed to prevent the publication of statistics so arranged as not to reveal information respecting an individual taxpayer.

"GA1978.1.322">

(3) Apply in any sense whatsoever to any official finding of the Commissioner with respect to any assessment or any information properly entered upon an assessment roll or other public record. (4) Affect any information which in the regular course of business is by law made the subject matter of a public document in any federal or State office or in any local office in Georgia. (5) Apply to information, records, and reports required and obtained under Chapter, 91A-50, which requires dealers in motor fuels to make reports of the amount of motor fuel sold and used in each county by the dealer. (c) Notwithstanding the provisions of any other law, the provisions of this Section shall remain in full force and effect as they relate to Part IV of this Title, unless specific reference is made in such other law to this Section and to the disclosure of income tax information contained in any report or return required under Part IV. (d) Notwithstanding the provisions of this Section, the Commissioner, upon request by resolution of the governing authority of any municipality of this State having a population of 400,000 or more, according to the census, shall furnish to the finance officer or taxing official of the municipality any pertinent tax information from State tax returns to be used by those officials in the discharge of their official duties. Any information so furnished shall retain, in the hands of such local officials, their privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the Commissioner. The Commissioner may make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing the information. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or federal court in the event of litigation involving any municipal or county tax liability of the taxpayer. 91A-213. Exchange of tax information; agreements. (a) The Commissioner and each tax receiver, tax collector, and tax commissioner of this State, at his discretion, may furnish to the taxing officials of any other state, political subdivision of any other state, political subdivision of this State, the District of Columbia, or the

"GA1978.1.323">

United States and its territories any information contained in tax returns and reports and related schedules and documents filed pursuant to the tax laws of the State, or in the report of an audit or investigation made with respect to any such return, report, schedule, or document when the jurisdiction to which the information is furnished grants similar privileges to the State and if the information is to be used only for tax purposes. (b) The Commissioner and each tax receiver, tax collector, and tax commissioner of this STate may enter into agreements with taxing officials to provide for exchange of tax information as authorized by this Section. (c) Furnishing information as permitted by this Section shall not be deemed to change the confidential character of the information furnished. 91A-214. Payment to Fiscal Division. Except as otherwise provided by law, all taxes, penalties, interest, and other amounts collected or received by the Commissioner, the Department, or any unit or officer or employee of the Department under this Title or any other revenue or licensing law shall be paid to the Fiscal Division. 91A-215. Rules and regulations; forms. (a) The Commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this Title or other laws, or the Constitution of this State or of the United States, for the enforcement of the provisions of this Title and the collection of revenues under this Title. (b) The Commissioner shall prescribe the forms he deems necessary in order to administer and enforce the provisions of this Title or any law which it shall be his duty to administer. (c) The authority granted to the Commissioner pursuant to the provisions of this Section shall be exercised at all times in conformity with the provisions of the `Georgia Administrative Procedure Act', as such Act may now or hereafter be amended. (d) The provisions of this Section shall apply with respect to all rules and regulations promulgated by the Commissioner pursuant to

"GA1978.1.324">

the provisions of this Title or pursuant to any revenue law of this State which is not a part of this Title. 91A-216. Tax suits; Attorney General to provide legal advice and assistance. The Commissioner is hereby authorized and empowered, subject to the provisions of law as provided in such cases, to act in the name, and in behalf, of the State of Georgia to institute any suit, action, or judicial proceeding to collect delinquent State taxes, to cause property not listed to be assessed, and to cause by mandamus the performance of any act required by law incident to administration of any State revenue, or to collect any claim or obligation of any person, including any public official, which may be due to the State. The Commissioner is hereby authorized to act as relator in any and all such suits, actions, or judicial proceedings. The Attorney General shall provide such legal advice and assistance as may be necessary to enable the Commissioner to perform the duties required by this Section. 91A-217. State Board of Equalization; duties; etc. (a) There is established a board composed of the Attorney General, the Commissioner, the State Auditor, the Chairman of the House of Representatives Ways and Means Committee, and the Chairman of the Senate Banking, Finance, and Insurance Committee, which is authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., the collection of which, because of the insolvency of the taxpayer or the questionable legal position of the State, is doubtful and the settlement or compromise of which is in the best interests of the State. A majority of the board shall be empowered to settle and compromise. The Commissioner shall keep a record of all settlements and compromises made and the reasons for the settlement and compromise. (b) The board created by this Section shall be designated the `State Board of Equalization.' The chairman and administrative officer of the board shall be the Commissioner. In addition to its other duties, the board shall hear and determine all appeals by taxpayers who are required by law to return their property for taxation to the Commissioner. Each year when the digest of assessments proposed by the Commissioner is complete, the Commissioner shall submit it to the State Board of Equalization which shall carefully examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that

"GA1978.1.325">

they are reasonably apportioned between the several tax jurisdictions and are reasonably uniform with the values set on other classes of property throughout the State. If the board determines that the proposed assessed values of any one or more of the classes of taxpayers or property or the digest as a whole does not reasonably conform to the values set for other property throughout the State, it shall inquire as to the reason for such lack of conformity and shall adjust and equalize the same by either adding or subtracting a fixed percentum to the class of taxpayer or to the class of property or to the digest as a whole, as the case may be. (c) As chairman and chief administrative officer of the board, the Commissioner shall furnish the board all records and files necessary and, in this capacity, may compel the attendance of witnesses and the production of books and records or other documents as he does in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the Commissioner and after any adjustments by the board as authorized by this Section are made, the Commissioner shall within 10 days notify each taxpayer in writing of the proposed assessment of its property and shall state in the notice that the taxpayer shall have 20 days after the date on which the notice was mailed in which to submit to the Commissioner a written appeal of the proposed assessed valuation and request a hearing on the appeal. If a timely appeal and request for a hearing is not made, the proposed assessment shall become final and conclusive at the close of the twentieth day after the notice was mailed. If a timely appeal and request for hearing is made, the State Board of Equalization shall fix a date and place for the requested hearing and shall give the taxpayer at least 20 days' notice of the date, time, and place of the hearing. The notice and appeal procedures provided for in this Section shall not apply to any decision of the board relating to the assessed value of motor vehicle property. (d) At the hearing provided for in this Section, the State Board of Equalization shall hear all evidence and affidavits offered by the taxpayer. The board shall make findings of fact and conclusions of law and issue an order embodying its decision. Within 10 days after the issuance of the order, the chairman of the board shall serve a written copy of the decision of the board upon the taxpayer by personal service or by registered or certified mail, return receipt requested. Any taxpayer dissatisfied with the decision of the board

"GA1978.1.326">

may appeal to the superior court. Any appeal to the superior court by any affected taxpayer shall be taken as provided by law for appeals to the superior court from decisions of the Commissioner. [Code Sections 91A-218 through 91A-229 RESERVED] SUBCHAPTER B GENERAL ADMINISTRATIVE PROVISIONS 91A-230. Remittances. (a) Except with regard to ad valorem property taxes, when an application or return is filed with the Commissioner under the revenue or license laws or regulations of this State and an amount is shown on the application or return to be due or to become due, the person required to make the application or return shall remit such amount with the application or return, without further assessment or notice or demand, to the Commissioner or Department at the time and place fixed for filing of the application or return. Upon failure in this regard, the Commissioner shall have authority to issue forthwith a fi. fa. for the collection of the amount due. (b) (1) The acceptance by the Commissioner or the Department of a payment received with respect to any tax or license fee shall not imply that the tax or license fee is thereby fully assessed, fixed, determined, or satisfied. All persons making such payments shall understand that the payments will be accepted and the proper account credited with the payment, subject to a final determination of its correctness in due course, any condition expressed in such payment to the contrary notwithstanding. (2) The provisions of this subsection shall not apply to payments received pursuant to authorized compromises and settlements, which payments shall be governed by the special agreements and proceedings applicable thereto. (c) No other condition affixed to any remittance with respect to the time or manner of processing or negotiating its payment shall be given any force or effect. 91A-231. Funds in which taxes are to be paid. Except as otherwise provided in Code Section 91A-232, all taxes imposed by this Code or any other revenue law or license law shall be paid in lawful

"GA1978.1.327">

money of the United States, free of any expense to the State or any political subdivisions of this State. 91A-232. Payment by check or money order. (a) The Commissioner may receive in payment of taxes and license fees, personal, company, certified, treasurer's, and cashier's checks and bank, postal, and express money orders to the extent and under the conditions which he may reasonably prescribe by regulations or instructions. (b) A check or money order, when authorized, shall be deemed to be payment as of the time it is tendered and received by the Commissioner, provided the check or money order is duly paid upon presentation to the drawee. The time of receipt as shown by the records of the Department shall be prima facie correct as to the time of actual receipt. (c) If a check or money order so received is not duly paid, the person on whose account the check or money order was tendered shall remain liable for the payment of the tax or license fee, and for all legal penalties and additions, to the same extent as if such check or money order had not been tendered. Delay in the presentation of the check or money order for payment shall not absolve this liability. (d) If any certified, treasurer's, or cashier's check, or money order, so received is not duly paid, the State, in addition to its right to exact payment from the party originally obligated therefor, shall have a lien for the amount of the check or money order upon all assets of the bank or trust company on which drawn or for the amount of the money order upon all the assets of the issuer of the money order. The amount of the check or money order shall be paid out of such assets in preference to any other claims whatsoever against the banker or issuer. (e) (1) If any check or money order tendered to the Commissioner in payment of any tax or license fee is not duly paid when presented to the drawee or issuer for payment, there shall be paid, upon notice and demand of the Commissioner or his delegate in the same manner as tax, as a penalty by the person who tendered same, in addition to any other penalties provided by law, an amount equal to one percent of the amount of the check

"GA1978.1.328">

or order, unless the amount of the check or order is less than $500, in which case the penalty under this Section shall be $5 or the amount of the check or order, whichever is the lesser. (2) The provisions of this subsection shall not apply if the person who tendered the check or order shows to the Commissioner's reasonable satisfaction that the check or order was tendered in good faith and with reasonable cause to believe it would be duly paid. 91A-233. Receipts for taxes. (a) The Commissioner and his agents and employees, upon request, shall give receipts for all sums collected by the Commissioner or the Department, except when such sums are in payment for stamps, tags, or license plates sold and delivered. No receipt shall be issued in lieu of a stamp representing a tax. (b) When payment of any tax or license fee (except for stamps, tags, or license plates sold and delivered) is made in cash, it shall be the duty of the person making such payment to demand and receive, and the duty of the person receiving such payment to furnish, a written receipt for the payment in the form prescribed by the Commissioner as an official receipt of the Department. The written receipt shall be conclusive as to the transaction and the Commissioner shall not be required to give credit for a cash payment under any other circumstances. For the purposes of this subsection, a cash payment includes payment by check, money order, or other instrument payable or indorsed to bearer or to any payee or indorsee except a bearer, payee, or indorsee which is, in substance, the Department. (c) The Commissioner, upon request, shall give to the person paying an estate tax duplicate receipts, either of which shall be sufficient evidence of such payment. The receipt shall entitle the legal representative of the estate to be credited and allowed the amount of the payment by any court having jurisdiction to audit or settle the legal representative's accounts. 91A-234. Extension of time for returns; bond. The Commissioner may grant, upon written request, a reasonable extension of time for filing returns, declarations, and other documents required under State revenue laws whenever in the reasonable exercise of his

"GA1978.1.329">

judgment a good cause for the extension exists. The Commissioner shall keep a record of every extension granted and the reason for the extension. No such extension or extensions, except as otherwise expressly provided by law, shall aggregate more than six months, nor shall any extension of time for filing returns operate to delay the payment of a tax unless a bond satisfactory to the Commissioner be posted. In no event shall the Commissioner extend the time of filing returns required to be filed with the tax receiver or tax commissioner. 91A-235. Date taxes are due; interest. Except as expressly provided by law to the contrary, all State taxes and licenses, except ad valorem and income taxes, shall be due and payable, either with the return or on or before 30 days after notice, as the case may be. When the collection of any such tax is deferred under any provision of law and unless a higher rate of interest or penalty is fixed by law, interest at the rate of nine percent per annum shall be collected thereon from the due date until the date of payment. 91A-236. When date for payment of tax or making return falls on holiday. When the date prescribed by, or pursuant to, law for the making of any return, the filing of any paper or document, or the payment of any tax pursuant to this Title falls on a Saturday, Sunday, or legal holiday, the making of the return, filing of the paper or document, or payment of the tax may be postponed by the person required to take such action until the first day following which is not a Saturday, Sunday, or legal holiday. 91A-237. Nature of penalties. All penalties imposed by law are part of the tax to be collected as such. The proceeding to collect the original tax, the tax constituted from penalties imposed, and the interest shall all be conducted in the same manner. Provision for criminal prosecution shall not operate under the tax laws of the State to relieve any taxpayer of any tax, penalty, or interest imposed by law. 91A-238. Authority of Commissioner to waive interest on unpaid taxes. The Commissioner may waive the collection of any interest due the State on any unpaid taxes, in whole or in part, whenever, or to the extent that, he reasonably determines that the delay in payment of the taxes was attributable to the action or inaction of the Department.

"GA1978.1.330">

91A-239. Authority of Commissioner to waive penalties. The Commissioner may waive, in whole or in part, the collection of any amount due the State as a penalty under any revenue law of this State whenever, or to the extent that, he reasonably determines that the default giving rise to the penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law or of regulations or instructions pertaining to the law. 91A-240. Notice of assessment, how served; effect of failure to protest. (a) (1) In all cases in which the Commissioner is required by law to provide an opportunity for protest, the assessment of tax or license fee shall become final if no written protest is filed by the taxpayer with the Commissioner within 30 days of the date of the notice. (2) For the purposes of this subsection, the notice shall be deemed to have been given if written notice is deposited in the mails registered or certified and addressed to the taxpayer at the last known address of such taxpayer, as provided in subsection (b) of this Section. (b) (1) Except as otherwise provided in this subsection, a notice of assessment by the Commissioner, or his delegate, of any tax or license fee shall be sufficiently served upon the person assessed if it is mailed, by registered or certified mail, to such person at his address as shown on the records of the Department and a return receipt is obtained for the registered or certified mail. (2) If the total amount of the assessment does not exceed $250, the notice shall be sufficiently served upon the person assessed if it is mailed by first class mail to such person at his address as shown on the records of the Department. Each such notice shall be mailed in an envelope instructing return thereof in 10 days if not delivered and shall be sufficiently served if it is not returned within the 10 day period. (3) If no return receipt is on file or if notice is returned through the mail, the notice shall be by personal service.

"GA1978.1.331">

91A-241. Protests; requisites; procedure. Any taxpayer may contest any assessment or license made or determined by the Commissioner by filing with the Commissioner a written protest at any time within 30 days from the date of notice of the assessment or license. All protests shall be prepared in the form and contain such information as the Commissioner shall reasonably require and shall include in any case a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the Commissioner. In the event the taxpayer desires a conference or hearing, the fact of such desire must be set out in the protest. The Commissioner shall grant such a conference before his officers or agents as he may designate, at a time he shall specify, and shall make such reasonable rules governing the conduct of conferences as he may deem proper. The discretion given in this Section to the Commissioner shall be reasonably exercised on all occasions. 91A-242. Final assessments. In all cases in which protests are lawfully filed by taxpayers, the Commissioner shall consider the information contained in the protests and information submitted by taxpayers in conferences or hearings before the Commissioner or his officers or agents. The Commissioner shall proceed to make final assessment, or fix a final license fee, and notify the taxpayer of the amount the assessment or fee, subject to the right of appeal as provided by law. 91A-243. Deficiency assessments; interest. If the Commissioner ascertains that the return of any taxpayer (or dealer pursuant to Chapter 91A-45) contains mistaken, false, or fraudulent statements, or that it contains statements or omissions of data otherwise incorrect or misleading, and that as a result thereof improper or inadequate assessments of taxes have been made, the Commissioner may determine and fix the amount of the taxes due by the taxpayer or dealer and shall proceed to collect the State tax due on the determination. In any case in which property assessments are made by the Commissioner under the law for purposes of local taxation, the Commissioner shall certify amounts of any property omitted from previous assessments to the proper local tax authorities for tax in the local tax districts. All taxes collected under this Section shall bear interest at the rate of nine percent per annum, unless otherwise provided by law, from the date the Commissioner advises the taxpayer in writing of the amount of the taxes due, until paid. Such interest shall be assessed and collected as a part of the tax.

"GA1978.1.332">

91A-244. Time for making deficiency assessments. In the absence of fraud, no assessment shall be reopened under Section 91A-243 after the expiration of two years from the last date upon which the return could be filed by the taxpayer under the law without delinquency. In any case in which any report, return, or other information contains a fraudulent statement or omission of material facts, and the effect of such fraudulent statement or omission makes the taxpayer's return or report a fraudulent representation of the items or things required thereunder, the Commissioner may reopen the case and make additional assessments of taxes or licenses at any time within seven years of the return or report. 91A-245. Refunds. (a) A taxpayer shall be refunded any and all taxes which are determined to have been erroneously or illegally assessed and collected from him under the laws of this State, whether paid voluntarily or involuntarily, and interest on the amount of such taxes at the rate of nine percent per annum from the date of payment of the tax or fee to the Commissioner. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund. (b) (1) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after the date of the payment of the tax or fee to the Commissioner. Each such claim shall be filed in writing in the form and containing such information as the Commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies. Should any person be prevented from filing such an application because of his own or his counsel's service in the armed forces during said period, this period of limitation shall date from his counsel's discharge from the service. (2) In the event the taxpayer desires a conference or hearing before the Commissioner in connection with any claim for refund, he shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Section, the Commissioner shall grant such a conference at a time he shall reasonably specify.

"GA1978.1.333">

(3) The Commissioner or his delegate shall consider information contained in taxpayer's claims for refund, together with such other information as may be available, and shall approve or disapprove the taxpayer's claim and notify the taxpayer of his action. (4) Any taxpayer whose claim for refund is denied by the Commissioner or his delegate, or whose claim is not decided by the Commissioner or his delegate within one year from the date of filing the claim, shall have the right to sue for refund in the superior court of the county of the residence of the taxpayer, except that: (A) If the taxpayer is a public utility or nonresident, the taxpayer shall have the right to sue for refund in the superior court of the county in which is located the taxpayer's principal place of doing business in Georgia or in which the taxpayer's chief or highest corporate officer or employee resident in Georgia maintains his office. (B) If the taxpayer is a nonresident individual, or foreign corporation, having no place of doing business and no officer or employee resident and maintaining his office in this State, the taxpayer shall have the right to sue for refund in the superior court of Fulton County or in the superior court of the county in which the Commissioner in office at time the suit is filed resides. (5) No suit or proceeding for the recovery of a refund under this Section shall be begun before the expiration of one year from the date of filing the claim for refund unless the Commissioner or his delegate renders a decision on the claim within that time, nor shall any such suit or proceeding be begun after the expiration of two years from the date said claim is denied. The two-year period prescribed in this paragraph for filing suits for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the Commissioner during the two-year period or any extension thereof. 91A-246. Commissioner to prepare delinquent returns. In any case in which any return, report, or other information is not filed or made available to the Commissioner as required by law, the Commissioner

"GA1978.1.334">

may proceed at the expense of the delinquent to ascertain such information in any way which the Commissioner reasonably considers proper or appropriate, and the Commissioner is authorized to prepare, execute, and file such returns. Any return so made and filed by the Commissioner or his agent shall be prima facie good and sufficient for all legal purposes. 91A-247. Superior court to compel production of evidence. If any person required by law to make any return, supply any information, or exhibit any books or records, whether with reference to his own returns or not, refuses to do so upon written request of the Commissioner or his designated agent, the superior court for the county in which such person resides shall have jurisdiction by appropriate process to collect the testimony or cause the proper person to produce the books, papers, or other data. All of the laws of the State relative to the taking of depositions and interrogatories of nonresidents, as well as residents, of this State shall be available to the Commissioner. 91A-248. Jeopardy assessments; collection; bond. If the Commissioner reasonably finds that a taxpayer gives evidence of intention to remove from the State, or to remove his property from the State, to conceal himself or his property, to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess, or collect any State tax, whereby it becomes advisable that such proceedings be brought without delay, the Commissioner shall declare the taxable period for such taxpayer terminated forthwith and shall give notice of such finding and demand immediate payment of such tax as may be due. The Commissioner may immediately make an arbitrary assessment and may proceed under such assessment to collect the tax or require the taxpayer to file with him a bond satisfactory to the Commissioner as security for payment of any such tax. 91A-249. Suit by Commissioner to recover tax; penalties; interest; costs; parties. In the event any taxpayer fails to pay any tax due, the Commissioner shall notify the taxpayer, and his surety or sureties, by mailing a letter to their post office address last known to the Commissioner. If, after 30 days of mailing such notice, the amount due remains unpaid, the Commissioner shall proceed by suit to collect the amount due including, but not limited to, the penalties, interest, and cost. It shall not be necessary to make the defaulting

"GA1978.1.335">

taxpayer a party to any suit that may be brought against his surety or sureties. 91A-250. Taxes made personal debt; attachment and garnishment; levy. (a) Any taxes are hereby made a personal debt of the person required by this Title to file the returns or to pay the taxes imposed by this Title. (b) The Commissioner or his authorized representative may attach the property of a delinquent taxpayer on any ground provided by Section 8-101 or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax. The Commissioner or his authorized representative may use garnishment to collect any tax imposed by this Title. Garnishment may be issued by the Commissioner in the same manner as is provided for the issuance of garnishment by tax collectors or tax commissioners in Chapter 91A-3. (c) In case of neglect or refusal by a taxpayer to pay any taxes due the State, the Commissioner or his authorized representative may levy upon all property and rights to property belonging to the taxpayers, except such as are exempt by law, for the payment of the amount due, together with interest on the sum due, any penalty for nonpayment, and such further amount as shall be sufficient for the fees, costs, and expenses of the levy. (d) The Commissioner or his authorized representative may levy and conduct judicial sales in the manner provided by law for sales by sheriffs and constables. Levy, in the case of personal property, shall be advertised 10 days before the date of sale. Advertisement of sales shall designate time and place of the sale, giving a reasonable description of the property to be sold, shall be posted in three public places in the county, and shall be inserted at least one time in the newspaper in which sheriff's sales in the county are advertised. The sale shall be at the courthouse of the county in which the property levied on is situated and shall be held between the hours of 10 a.m. and 4 p.m. In the event the levy is upon real property, the Commissioner or his authorized representative, after making the levy, shall return the levy on the execution to the sheriff of the county in which the property is located. After the return, the sheriff shall proceed to advertise and sell the property as required by law.

"GA1978.1.336">

91A-251. Personal liability of corporate officer or employee failing to collect tax or to account for and pay over funds. (a) Any officer or employee of any corporation who has control or supervision of collecting from purchasers amounts required under Part V, relating to State sales and use tax, or collecting from employees the taxes required under Part IV, relating to income taxes, and of accounting for and paying over the amounts and taxes to the Commissioner, and who wilfully fails to collect the amounts, or truthfully account for and pay over the amounts to the Commissioner, or who wilfully attempts to evade or defeat any obligation imposed under Parts IV and V, shall be personally liable for an amount equal to the amount evaded, or of the amount not collected, or not accounted for or paid over. (b) The liability prescribed in this Section shall be paid upon notice and demand by the Commissioner, or his delegate, and shall be assessed and collected in the same manner as the tax in connection with which the act, or failure to act, under this Section occurs or has occurred. 91A-252. Liens for taxes; priority of liens. (a) Except as otherwise provided in this Section, liens for all taxes due the State or any county or municipality in the State shall cover the property of taxpayers liable to tax, from the time fixed by law for valuation of the property in each year until such taxes are paid, and the property of tax collectors or tax commissioners and their sureties from the time of giving bond until all the taxes for which they are responsible are paid. Liens for taxes are superior to all other liens and shall rank among themselves as follows: (1) First, taxes due the State; (2) Second, taxes due counties of the State; (3) Third, taxes due school or other special tax districts of the State; and (4) Fourth, taxes due to municipal corporations of the State. (b) The lien for taxes imposed by the provisions of Chapter 91A-50 shall not have priority as against any bona fide mortgagee,

"GA1978.1.337">

holder, or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser of or from persons liable for the tax imposed by Chapter 91A-50, where the rights of such mortgagee, holder, or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser have attached prior to the time notice of the lien has been filed by the Commissioner in the office of the superior court of the county in which the principal place of business or in the county where property of such person liable for payment of the motor fuel tax is located. (c) The lien for taxes shall not be changed by any provisions of this Chapter and shall be the same as existing prior to the passage of this Chapter. (d) The lien for any ad valorem tax shall not be superior to the title and operation of a security deed when the tax represents an assessment upon property of the taxpayer other than that property specifically covered by the title and operation of a security deed. (e) The lien of a specific or occupation tax shall not be superior to the title and operation of a security deed title recorded prior to the time the execution for the tax has been entered on the general execution docket in the office of the clerk of the superior court of the county in which the property affected is located. 91A-253. Release of property subject to State tax lien upon taxpayer's providing sufficient security. The Commissioner, upon the taxpayer's providing security sufficient to protect the State's interest and with the consent of the Attorney General, may release some or all of the property of a taxpayer which is subject to a State tax lien when the legality of the assessment which is the basis of the lien is being litigated. 91A-254. Review of Commissioner's findings; certifications by Commissioner to county and municipal governments. (a) The Commissioner's assessments shall not be reviewed except by the procedure provided in this Chapter. No trial court shall have the jurisdiction of proceedings to question such assessments, except as provided in this Chapter. (b) When the Commissioner is required by law to certify to any county or municipal government of this State all or any part of an

"GA1978.1.338">

assessment or tax against any taxpayer, and the taxpayer disputes the correctness of the assessment or tax as determined by the Commissioner, the Commissioner is directed to certify to the county and municipal government the value of the property of the taxpayer or the tax admitted by him in his return to be due, or both such value and such tax due. After a final determination of the balance of the assessment or tax in dispute, the Commissioner shall make a supplemental certification to the counties and municipal governments of the amount of the balance of the assessment or tax as may be finally determined. It shall be the duty of the taxpayer to pay, as required by law, any taxes assessed by the State, county, or municipal governments, both upon the original value as shown in his return and upon its supplemental value determined as provided in this Chapter. 91A-255. Appeal from Commissioner to superior court; payment of taxes admittedly owed; bond; costs. (a) Except with respect to claims for refunds, either party may appeal from any order, ruling, or finding of the Commissioner to the superior court of the county of the residence of the taxpayer, except that: (1) If the taxpayer is a public utility or nonresident the appeal of either party shall be to the superior court of the county in which is located its principal place of doing business, or in which the chief or highest corporate officer, resident in the State, maintains his office. (2) If the taxpayer is a nonresident individual, or a foreign corporation, having no place of doing business and no officer or employee resident and maintaining his office in this State, the taxpayer shall have the right to sue for refund in the Superior Court of Fulton County or in the superior court of the county in which the Commissioner in office at the time the suit is filed resides. (b) The appeal and necessary records shall be certified and transmitted by the Commissioner and shall be filed with the clerk of the superior court within 30 days from the date of decision by the Commissioner. The procedure provided by law for applying for and granting appeal from the probate court to the superior court shall apply as far as suitable to the appeal authorized in this Section, except that the appeal authorized by this Section may be filed within 30 days from the date of decision by the Commissioner.

"GA1978.1.339">

(c) Before the superior court shall have jurisdiction to entertain an appeal filed by any aggrieved taxpayer, the taxpayer shall file with the clerk of the superior court a written statement whereby the taxpayer agrees to pay on the date or dates the taxes become due all taxes for which the taxpayer has admitted liability. Additionally, the taxpayer, within 30 days from the date of decision by the Commissioner, shall file with the clerk of the superior court, except where appellant owns real property in Georgia the value of which is in excess of the amount of the tax in dispute, a bond or other security in amount satisfactory to the clerk, conditioned to pay any tax over and above that for which the taxpayer has admitted liability and which is found to be due by a final judgment of court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay any taxes admittedly owed upon the due date or dates as now or hereafter provided by law. (d) (l) If the final judgment of court places upon the taxpayer any tax liability which has not already been paid and if the tax or any part of the tax has: (A) Not become due on the date of the final judgment of court, then the taxpayer shall pay the amount of the unpaid tax liability on the due date or dates now or hereafter fixed by law. (B) Already become due at the time of final judgment of court, the taxpayer shall immediately pay the tax, or so much of the tax as has already become due, with interest. (2) In the event the final judgment of court is adverse to the taxpayer, he shall pay the court costs, no matter whether the tax or any part of the tax has or has not become due at the time of the final judgment of court. 91A-256. Compromise settlements of suits. No suit, action, or other judicial proceeding for the enforcement of the provisions of this Chapter or for the collection of State taxes shall be settled except by agreement, compromise, or judgment in open court. No compromise or agreed judgment shall be entered in any such suit, action, or other judicial proceeding until there has been filed with the Commissioner a verified statement setting forth the facts and showing the reasons why a compromise or agreed judgment should

"GA1978.1.340">

be entered and certifying that no agreement or settlement other than the one stated in the proposed judgment has been directly or indirectly entered into by the Commissioner or by anyone for the Commissioner and that the said proposed settlement is, in the opinion of the Attorney General, for the best interest of the State. 91A-257. Contraband articles; seizures of articles and conveyances; disposition; exceptions. (a) (1) Any contraband article and any vessel, vehicle, aircraft, or other conveyance which has been or is being used in violation of any provision of this Title or the revenue laws of this State, and any vessel, vehicle, aircraft, or other conveyance in, upon, or by means of which any violation has taken or is taking place, shall be seized by and any law enforcement officer or revenue officer of the State of Georgia, without a warrant, and forthwith shall be delivered to the Commissioner. (2) After any such delivery, the Commissioner shall post a notice of the seizure for a period of 10 days in a prominent place in the courthouse of the county in which the seizure occurred. The notice shall state that a decision as to seizure and forfeiture will be made by the Commissioner at the expiration of the 10 day period and the notice shall act as a bar against any person subsequently asserting a claim of any interest existing in the article at the time of seizure. (3) Upon determining that an article is contraband and that seizure and forfeiture is in accordance with the provisions of this Section, the Commissioner shall direct the disposition or destruction of the article as he may reasonably deem appropriate. Any sale of such articles shall be to the highest bidder for cash and the proceeds of the sale shall be delivered to the Fiscal Division. (b) No vessel, vehicle, aircraft, or other conveyance used in the transaction of business as a common carrier shall be forfeited under the provisions of this Section unless it shall appear that, in the case of a railway car or engine, the owner or, in the case of any other such vessel, vehicle, aircraft, or other conveyance, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle, aircraft, or other conveyance,

"GA1978.1.341">

was at the time of the alleged illegal act a consenting party or privy thereto. (c) No vessel, vehicle, aircraft, or other conveyance shall be forfeited under the provisions of this Section by reason of any act or omission shown by the owner of the conveyance to have been committed or omitted by any person other than the owner while the vessel, vehicle, aircraft, or other conveyance was unlawfully in the possession of a person who acquired possession of the conveyance in violation of the criminal laws of the United States or of any state of the United States. 91A-258. Same; affidavit of illegality to test seizure. The owner of any property subject to forfeiture under this Title may test the legality of the forfeiture by filing in the superior court in the county in which the property was seized within 10 days after the seizure an affidavit of illegality against the Commissioner in the manner and form prescribed by law for testing the legality of tax fi. fas. 91A-259. Collection of certain county and municipal taxes by Commissioner authorized. The Commissioner is hereby authorized to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the Commissioner of any tax levied by the county or municipality when the tax is also levied and collected by the Commissioner for the State. Such agreement shall include a fee to be paid by the county or municipality to the Commissioner in such amount as may be necessary to fully cover the cost of collection of the local portion of the tax by the Commissioner. The Commissioner shall transmit to the county or municipality all taxes so collected on behalf of the county or municipality on or before the date specified in the agreement, less the collection fee agreed upon. 91A-260. Lien of tax not divested by judicial sale. A sale of property under any other process shall not divest the lien of the State for taxes. 91A-261. Conveyances and judgments to avoid payments of taxes, void; donee, etc., to be liable. (a) All deeds of gift, mortgages, sales, and assignments of property of any kind, made to avoid payment of taxes, and all judgments procured to be rendered for the purpose of avoiding payment of tax, shall be null and void.

"GA1978.1.342">

(b) The person holding such property, or to whom such conveyance may be made, and the property also, wherever found and no matter in whose possession it may be, shall be liable for such taxes. 91A-262. Judicial enforcement of taxes imposed by other states. The courts of this State shall recognize and enforce liabilities for taxation lawfully imposed by other states which extend like comity. CHAPTER 91a-3. TAX EXECUTIONS 91A-301. Levy of tax executions by Commissioner; illegality. The Commissioner may issue an execution for the collection of any tax due the State. The execution shall be directed to all and singular sheriffs of this State and shall command them to levy upon the goods, chattels, lands, and tenements of the taxpayer. Each sheriff shall execute the execution as in case of writs of execution from the superior courts. Whenever any writ of execution has been issued by the Commissioner, the taxpayer, in order to determine whether the tax is legally due, may tender to the levying officer his affidavit of illegality to the execution and, upon payment of the tax if required as a condition precedent by the law levying the tax or upon his giving a good and solvent bond for the eventual condemnation money in cases where the law does not require the payment of the tax as a condition precedent, the levying officer shall return the affidavit of illegality, except as otherwise provided by law, to the superior court of the county of the taxpayer's residence. The affidavit of illegality shall be summarily heard and determined by the court. 91A-302. Defaulting public utilities making returns to Commissioner. If any person required to make a return to the Commissioner fails to return the taxable property or pay annually to the State, any county, or any municipality the taxes for which it may be liable by reason of the return, the Commissioner shall issue an execution for the amount of taxes due, according to law, together with the costs and penalties. 91A-303. Executions issued against public utilities; how directed. The executions issued by the Commissioner against any corporation or other company shall be directed to all and singular sheriffs

"GA1978.1.343">

and other lawful officers of this State with directions to levy the execution on the property of the corporation or company and with power to issue and serve garnishments upon the debtors of the corporation or company. 91A-304. Forfeiture of charters of delinquent corporations. The penalty for failure of a corporation to make a return or to pay a tax as provided in Section 91A-302, in the case of a domestic corporation, shall be the forfeiture of its charter and, if not chartered by this State, shall be the revocation of its permit to do business in this State. 91A-305. Executions against agents of foreign corporations and other foreign companies. An execution against an agent of a foreign corporation or other foreign company shall be against the chief agent or his successor and shall authorize the officer to levy on all property of the agency and to seize its money, notes, and other effects. 91A-306. Money collected on execution; duty to remit. When an officer collects money on process issued pursuant to this Chapter, or on any other process issued by the Commissioner, the officer shall immediately remit the money to the Commissioner by some safe and speedy method. On failure to do so, the officer shall be liable as he would be to other plaintiffs. 91A-307. Tax collector's and tax commissioner's executions; when and how issued. Except as otherwise provided in Section 91A-302, the county tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him as soon as the last day for payment has arrived. The execution shall be directed to all and singular sheriffs and constables of the State. 91A-308. Defendants may point out property upon which to make levy. A defendant in execution issued by a tax collector or tax commissioner for taxes may point out the property upon which to levy the fi. fas. It shall be within the discretion and power of the tax collector or tax commissioner, however, to have the proper officer levy the execution on any other property the tax collector or tax commissioner may point out whenever he deems it necessary to secure the prompt collection of the tax fi. fas.

"GA1978.1.344">

91A-309. Tax executions run in any county. If there is not sufficient property in the county in which the taxpayer resides to satisfy the taxes, property of the taxpayer situated in any other county shall be the subject of levy and sale. 91A-310. Executions levied by whom. Executions may be levied by either of the officers to whom directed or other officers who by law are authorized in their place. 91A-311. Alias tax executions; force and effect. When a properly issued tax execution is lost or destroyed, an alias tax execution may be issued upon the party having the right to control the original execution. A statement, under oath, of the loss or destruction of the original execution shall be filed with the judge of the probate court of the county in which the original execution was issued. The judge of the probate court shall endorse the word `alias' on the alias tax execution. The alias tax execution shall have all the legal force and effect of the lost or destroyed original tax execution. 91A-312. Notice of levy to owner of security deed or mortgage; lists of security deeds or mortgages; fees. (a) Whenever any real estate is levied upon by the sheriff for taxes, it shall be the sheriff's duty, before proceeding to advertise the property for sale as provided by law, to give 20 days' written notice of the levy to the owner of each security deed and mortgage contained in the list filed with him as provided in subsection (b). The period of 20 days shall begin to run from the time the notice is personally delivered or, when delivered by registered or certified mail as provided in this Section, from the date of its mailing. The notice shall contain a description of the land levied upon, the name of the owner of the land, the year or years for which the taxes were assessed, and a statement of the amount of the taxes due with the accrued cost. The notice shall be delivered to the owner either in person or by registered or certified mail (with return receipt requested) at the address given on the list. The sheriff shall keep a copy of the notice on which he shall enter the date the notice was delivered and how, where, and to whom the notice was delivered. The sheriff shall file the copy with the list provided for in this Section. (b) In order to entitle any owner of a security deed or mortgage to notice as provided in subsection (a), a list of each security deed and mortgage as to which the notice is desired shall be filed by the

"GA1978.1.345">

owner of the deed or mortgage on or before December 20 of each year with the clerk of the superior court of the county in which the land covered by the deed or mortgage lies. In addition to showing the deeds and mortgages, the list shall show the name and address of the owner, the name and post office address of each grantor or mortgagor, and the book and page of the record where each security deed and mortgage so listed is recorded. The list shall be promptly entered of record by the clerk in a book to be kept by him in his office for that purpose. (c) Within 10 days after the filing of the list provided for in subsection (b), the clerk shall transmit the list to the county sheriff. The sheriff shall file the list in his office as a record and shall enter on the execution docket of his office the date the list was received by him. The sheriff shall also enter on the docket the date notice to the owner of a security deed or mortgage, as provided for in this Section, was personally delivered and on whom and where or, if the delivery is made by registered or certified mail, the date when it was mailed, to whom, and at what address. The return receipt of a mailing shall be filed with the list as a record of the sheriff's office. For the giving of this notice the sheriff shall receive, when the notice is personally delivered, the sum of $3 and, when delivered by registered or certified mail, the sum of $1.25. (d) Fees of the sheriff and of the clerk of the superior court for services under this Section shall become a part of the costs and shall be paid by the owner of the security deed or mortgage receiving the notice. (e) The rights, interests, and security of any owner of a security deed or mortgage complying with the provisions of this Section shall not be affected by a tax sale and a deed of conveyance made pursuant to a tax sale unless the provisions of this Section are complied with. (f) Nothing contained in this Section shall: (1) Affect or abridge any right or remedy provided by law for any owner of a security deed or mortgage who fails or neglects for any reason to file the list with the clerk of the superior court.

"GA1978.1.346">

(2) In any way change, alter, or limit the right of redemption under law of property sold for taxes. 91A-313. Form of notice. The form of the notice required by Section 91A-312 to be given by the sheriff to the owner of a security deed or mortgage complying with the provisions of Section 91A-312 shall be in substance as follows: `DELINQUENT TAXES. 91A-314. Form of list of security deeds and mortgages. The form of the list of security deeds and mortgages required by Section 91A-312 to be filed with the sheriff to entitle the owner of the deed or mortgage to the notice in Section 91A-312 provided as to delinquent taxes shall be in substance as follows:

"GA1978.1.347">

`DELINQUENT TAXES. List of Security Deeds and Mortgages. 91A-315. Tax collector or tax commissioner may issue garnishment; when; proceedings. (a) When any tax collector or tax commissioner can find no property of the defendant on which to levy any tax execution in his hands, he shall make an entry to that effect on the execution. The collector or commissioner then may issue summons of garnishment against any person whom he believes to be indebted to the defendant of who has property, money, or effects in his hands belonging to the defendant. The summons of garnishment shall be served by the tax collector, tax commissioner, the sheriff, the sheriff's deputy, or any constable of the county in which the garnishee resides. The summons shall be served at least 15 days before the sitting of the court to which the summons is made returnable and shall be returned to the superior court of the county in which the tax collector or tax commissioner holds office.

"GA1978.1.348">

(b) The tax collector or tax commissioner shall enter on the execution the names of the persons garnished and shall return the execution to the superior court. All the subsequent proceedings shall be the same as provided by law in relation to garnishments in other cases when judgment has been obtained or execution issued. 91A-316. Petition to reduce tax execution to judgment of superior court; nulla bona; rule nisi; process; copy as exhibit; verification. (a) When any execution for State taxes remains unsatisfied and a nulla bona has been duly entered on the execution within the immediately preceding 30 day period and the Commissioner has reason to believe that the defendant in fi. fa. may have, or may come into ownership of, assets beyond this State, the Commissioner may petition the superior court of the county in which the defendant in fi. fa. maintains in this State a known residence, place of business, or agent to receive service for a rule to show cause why the unsatisfied tax execution should not be reduced to a final judgment of the superior court. (b) The petition shall name the defendant in fi. fa. as defendant in the action, set forth the jurisdiction of the superior court and shall allege that an execution for State taxes has been duly issued by the Commissioner or his deputy on behalf of the State of Georgia, that an entry of nulla bona has been duly entered on the execution within the immediately preceding 30 day period, and that the Commissioner has reason to believe that the defendant may have, or may come into ownership of, assets beyond this State. The petition shall demand that process issue to cause the defendant to appear and answer why the tax execution shall not be reduced to a final judgment of the court, that the tax execution, including, but stated separately, interest and penalties, be reduced to a final judgment of the court, and, in that event, that costs of the action be assessed against the defendant. A true copy of the tax execution shall be attached as an exhibit to the petition and the petition shall be verified under oath by the Commissioner to the best of his knowledge and belief. 91A-317. Judgment; procedure where only method of service is on Secretary of State; allegations of activity within State; venue; publication; copies by mail; certificate of compliance. (a) When a defendant in fi. fa. under Section 91A-316 maintains no known residence, place of business, or agent to receive service in this State, other than the Secretary of State, the sworn petition shall so allege

"GA1978.1.349">

and, in addition to the allegations prescribed in Section 91A-316 (b), it shall further allege facts sufficient to show that the defendant, personally or by employees or agents, engaged in an act or activity within this State giving rise to the liability or obligation for the payment or collection of the tax for which the tax execution was issued and that the act or activity was not insubstantial in its quality and nature in relation to the fair administration of law. The petition shall be brought in the superior court of the county in which the defendant formerly maintained a known residence, place of business, or agent to receive service at the time the liability or obligation arose, if such was the case, or, otherwise, in the superior court of any county in which the act or activity giving rise to the tax liability or obligation took place. The petition shall demand service of process by publication as provided in subsection (b). (b) When it appears from the sworn petition that the defendant engaged, personally or by employees or agents, in an act or activity within this State giving rise to the liability or obligation for the payment or collection of the tax for which the tax execution was issued, that the act or activity was not insubstantial in its quality or nature in relation to the fair administration of law, and that the defendant maintains no known residence, place of business, or agent to receive service in this State, other than the Secretary of State, the superior court in which the petition is pending, in term or vacation, shall order service to be perfected by publication in the paper in which sheriff's advertisements are printed. The notice shall be published once each calendar week for four consecutive weeks and shall be substantially as follows: `Notice By Publication In the Superior Court of..... County, Georgia. No......, Action for Judgment on State Tax Fi. Fa. To: (name of defendant and foreign address, [if known]). This Court, under date of....., has found that service by publication upon you in the above case is necessary because of your nonresidence and has ordered this service by publication. Accordingly, you are ordered to be and appear in this Court within 60 days from the above date to show cause why Tax Fi. Fa. No......, in favor of the State of Georgia, and recorded in book....., page..... of the Execution Docket of..... County,

"GA1978.1.350">

Georgia, should not be reduced to a judgment of this Court. Witness the Hon......, Judge of this Court. This..... day of....., 19...... ..... Clerk.' (c) If the residence or place of business of the defendant in another state is known, the Commissioner shall mail, by registered or certified mail, to the defendant at the known address a copy of the petition and order of service by publication and a copy of the newspaper in which each of the four notices is published with the notice plainly marked. When the Secretary of State of this State is appointed agent by law to receive service for a nonresident, a copy of the petition, the order of service by publication, and the newspaper in which each of the four notices is published with the notice plainly marked shall also be mailed by the Commissioner, by registered or certified mail, to the Secretary of State. The copy of the petition and order of service by publication shall be mailed within 10 days after the order. Each copy of the newspaper shall be mailed within 10 days after its publication. Thereupon, the Commissioner shall file with the clerk of the superior court in which the action is pending a certificate of compliance with this subsection, which shall be a part of the record of service in the case. 91A-318. Judgment; trial; necessity for demanding jury; issues. Upon the trial of the action provided for in Section 91A-316 or 91A-317, which shall be nonjury unless otherwise demanded in writing filed in the case by either party, the defendant may take issue with the sufficiency in law, or fact, or both, of the petition, including, but not limited to, jurisdiction over the person of the defendant and, in addition, may attack the tax execution involved in the petition in the manner of an affidavit of illegality and bond as provided by law. 91A-319. Judgment; procedure where defendant fails to appear; issuance of judgment; addition of costs and expenses; mailing copy of order to defendant and Secretary of State. If the defendant in an action provided for in Section 91A-316 or 91A-317 does not appear in answer to the rule, the superior court shall ascertain for itself that service of the rule has been perfected in accordance with the provisions of Section 91A-316 or 91A-317 and shall enter a finding to that effect. The superior court shall further order that the tax execution

"GA1978.1.351">

described in the petition, with the tax, penalties, and interest being stated separately, be reduced to a judgment of that court and that all costs of the action including, but not limited to, advertising costs as per the sworn statement of the costs submitted by the Commissioner be added to the judgment and charged against the defendant. A copy of the finding and order shall be mailed by registered or certified mail by the clerk of the court to the defendant at the foreign address shown in the published notice and to the Secretary of State of this State when he is appointed as agent of the nonresident to receive service. The clerk of the court shall enter this action on the original order of the court. 91A-320. Grace period before judgment becomes final; appearance of defendant during the period; effect of failure to appear. The order provided for in Section 91A-319 shall not become final until the expiration of 30 days after its entry, during which time the defendant may appear and assert the defenses he could have asserted prior to the entry of the order, and the court shall so state in its order. If the defendant does not take advantage of this additional period within which to make a defense, the clerk of the superior court shall so note on the original order and the judgment shall be final. If the defendant does appear, the original order shall be vacated and the action shall proceed as if the order had never been entered. 91A-321. Deputies acting for named officers; when Secretary of State relieved from mailing copies to defendant. When action is required by the Commissioner, it shall be sufficient compliance with this Chapter if the action is done by his deputy or his attorney. When action is required of the clerk of the superior court, it shall be sufficient compliance with this Chapter if the action is done by his deputy. When the various papers and processes required to be mailed to the Secretary of State are received by him and it appears to him that a copy of the paper or process has been mailed by the Commissioner to a known address of the defendant, a second mailing shall not be required of him to the same address, but he shall keep the copy received by him on file as a source of information for any inquiry from the defendant, whose attorney in fact the Secretary of State is, concerning the defendant's tax liabilities and obligations incident to his taxable acts or activities within this State. When action is required of the Secretary of State, it shall be sufficient compliance with this Chapter if the action is done by his deputy.

"GA1978.1.352">

91A-322. State tax execution; who may issue nulla bona; tolling of statute of limitations. The entry of nulla bona on a State tax execution, prescribed as a condition precedent to the filing of a petition to reduce the execution to judgment, shall be sufficient if done by an authorized levying officer with respect to the county of the superior court in which the petition is required to be filed. If an execution for State taxes remains unsatisfied and a nulla bona has been duly entered on the execution for the time that the defendant in fi. fa. maintains in this State no known place of residence, place of business, or agent to receive service, the statute of limitations with respect to a levy of the tax execution shall be tolled. 91A-323. Executions on which interest allowed; rate; effect of imposition of penalties. All executions issued for taxes due the State, any county of the State, or any municipality, whether issued on assessments for permanent improvements of streets or sewers of a municipality or otherwise, shall bear interest at the rate of nine percent per annum from the time fixed by law for issuing the execution. This Section shall not apply to taxes or tax fi. fas. issued by any municipality imposing penalties for failure to pay taxes. 91A-324. Transfer of tax executions. (a) Whenever any person, other than the person against whom an execution has issued, pays an execution issued for State, county, or municipal taxes, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execution entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a different county, has the execution entered on the general execution docket of the superior court in the county of the person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the record and without notice of the existence of the execution. (b) (1) The county governing authority of each county having a population of 600,000 or more according to the census, and the

"GA1978.1.353">

governing authority of each municipality lying within each such county, may sell and transfer, in lot blocks of the aggregate principal amount of not less than $10,000, executions issued for delinquent ad valorem taxes, at a discount or discounts of not to exceed 10 percent of the principal amount, and interest, then due on the executions. The transferee of executions sold and transferred shall have the same rights, powers, liens, and priorities as do the transferees of tax executions transferred in accordance with law under which no discount is allowed. When a discount is allowed on the sale and transfer of any executions which include taxes due the State, no part of the discount shall be deducted from the portion of the taxes payable to the State and the portion of the discount applicable to the taxes due the State shall be absorbed by the county. There shall not be included in any lot or block of tax executions sold and transferred at a discount any executions which exceed, or any number of executions against the same person or corporation which exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot or block of executions. (2) Whenever the official authorized to sell and transfer executions at a discount determines to do so, a schedule of the executions so to be transferred, together with the name of the person or corporation to whom or to which the executions are to be transferred, and the discount to be allowed, shall be furnished in writing to the officer charged by law with the duty of enforcing the executions to be transferred. Upon receipt from the purchaser so designated of the amount of the principal, interest, and costs then due on the executions, less the discount specified in the written notice, the officer charged by law with the duty of enforcing the executions shall transfer and deliver the executions to the person or corporation making the payment. Such transfers shall recite, as the consideration for the transfer, the receipt of the full amount of the executions, as though no discount had been allowed. The transfers shall vest in the transferee, his or its successors and assigns, the full priority of lien and all of the rights and powers for enforcing the executions and collecting the full amount of the executions, including principal, interest, and costs, which were at the time of the transfer possessed or held by the State, county, city, or municipality by, for, or in the name of which the executions were issued. The transferee, its successors and assigns, shall be subrogated to all of the rights and powers

"GA1978.1.354">

in respect to the executions possessed by, or which would thereafter accrue to the State, county, municipality, or city by, for, or in the name of which the executions were issued, had no transfer been made. The lien of the executions shall not be divested by any sale under any other process, judicial or otherwise, or by any sale to satisfy any prior or any subsequent tax lien, if the transferee has the executions entered on the general execution docket of the superior court of the county in which the executions were issued, and, if the person against whom the same were issued resides in a different county, then also in the county of such person's residence within 30 days of the date of the transfers, in default of which record, the executions shall lose their lien upon any property which has been transferred bona fide and for a valuable consideration before the record and without notice of the existence of the executions. (3) Nothing done, or omitted to be done, by any officer or employee of the State, county, city, or municipality by, for, or in the name of which the executions so sold and transferred were issued shall prevent or in any way interfere with the collection of the full amount of the principal, interest, and costs due on, and in accordance with the terms of, the executions. No person liable for the payment of the taxes represented by the executions, or desiring for any reason to pay such taxes, shall be entitled to any credit or benefit from or on account of the discount allowed to the transferee of the executions. The collection of the executions shall not be defeated for any reason except upon proof that the tax has been paid or that the property on which the tax was assessed is exempt from taxation under the laws of the State. (4) Tax executions sold and transferred at a discount in accordance with the provisions of this subsection shall not be enforced by levy within three months of the date of the transfer. Nothing in this Section shall be held or construed to affect or impair the lien, or priority of lien, of the executions or to interfere with the collection of the executions in any other manner than by levy of the executions. 91A-325. Interest on transferred executions. All tax executions, when recorded as prescribed by law and which have been transferred to third persons, shall bear interest at the rate of nine percent per annum from the date of transfer.

"GA1978.1.355">

91A-326. Tax execution dormant; when. All State, county, municipal, or other tax executions, before or after legal transfer and record, shall be enforced within seven years from: (a) The date of issue; or (b) In cases of executions and entries on executions issued on judgments, the time of the last entry upon the tax execution by the officer authorized to execute and return the execution if the execution and entry is properly entered or reentered upon the execution docket and books in which executions and entries are required to be entered or reentered, or both. 91A-327. Laws as to judgments applicable to tax executions. All laws in reference to a period of limitation as to ordinary executions for any purpose, or to the length of time or circumstances under which ordinary executions lose their lien in whole or in part, are applicable to tax executions. 91A-328. Claims; how interposed; oath; bond; trial. When any execution is issued against a tax collector, tax commissioner, or taxpayer for taxes due the State or a county of the State and the sheriff or other officer levies the execution on property claimed by a person not a party to the execution, the claimant shall make the same oath as required in other claim cases and give bond and security for the eventual condemnation money. The same proceedings shall be had on the claim as are provided for the trial of the right of property, except that the trial shall be held in the county in which the levy was made. If the property is found subject to the execution, the liability of the claimant and his sureties shall be in all respects the same as the liability on an appeal bond. 91A-329. No judicial interference with taxes. No replevin shall lie, nor shall any judicial interference be had, in any levy or distress for taxes under the provisions of this Title. However, the injured party shall be left to his proper remedy in any court of law having jurisdiction.

"GA1978.1.356">

CHAPTER 91A-4. TAX SALES SUBCHAPTER A SALES UNDER TAX EXECUTION 91A-401. Manner of making tax sale; application of rules governing judicial sales. If the levy is made upon real or personal property, the property shall be advertised and sold as is provided for justice court fi. fas. and judicial sales. Sales under tax executions shall be made under the rules governing judicial sales. 91A-402. Property not returned but assessed; how disposed of. When property which has not been returned by anyone is assessed for taxes, the tax collector or tax commissioner shall issue an execution against the property, as soon as it is assessed, for the amount due and costs. The sheriff shall advertise the property for sale in the newspaper in which his sales are advertised 90 days before the day of sale. If by the sale day the taxes are not paid, the property shall be sold, but only if renting or hiring the property will not bring the requisite amount. Surplus from a sale after the payment of the taxes and costs shall be paid over to the judge of the probate court as a part of the educational fund, with a statement of the property and account of sales, subject to the claim of the true owner within four years. 91A-403. Duties of tax collector or tax commissioner and levying officer. The tax collector or tax commissioner may place his executions in the hands of any constable of the county, who shall be authorized to collect or levy the execution in any part of the county. The constable or other levying officer to whom the tax collector or tax commissioner delivers the tax executions for collection shall proceed promptly to enforce by levy and sale the collection of the execution. The levying or collecting officer shall make prompt settlements with the tax collector or tax commissioner and, in no event, shall be allowed longer than 90 days from the time the executions are placed in his hands within which to make final settlement with the tax collector or tax commissioner and return to the tax collector or tax commissioner the tax collected and the uncollected executions with proper entries on the executions. Any constable or other levying officer who fails or refuses to make a final return or settlement within the time provided in this Section shall forfeit all costs due him on the executions and shall be subject to be ruled before any

"GA1978.1.357">

court of competent jurisdiction and made to account as required by this Section. 91A-404. Purchase by one bound to pay. One who is bound to pay the tax on property cannot strengthen his title by purchasing at a tax sale. Each such purchase shall be treated as payment. 91A-405. Excess; how paid. If there is any excess after paying taxes, costs, and all expenses of a sale, it shall be immediately paid to the person authorized to receive the excess. 91A-406. Deed made at sale under tax execution valid. The deed or bill of sale made by the sheriff to the purchaser at tax sale shall be just as valid as if made under an ordinary execution issuing from the superior court. 91A-407. Officer to put purchaser in possession of land. The officer selling property at a tax sale has the authority to put purchasers in possession of land sold under tax fi. fas., as in other cases. [Code Sections 91A-408 through 91A-419 RESERVED] SUBCHAPTER B PURCHASE BY COUNTIES AT TAX SALES 91A-420. Counties may buy property sold under tax executions. (a) The governing authority of any county may purchase and hold in its official capacity any real property offered for sale by virtue of tax executions, except that the governing authority may bid on the real property only when other bids do not cover the amount of the tax executions and costs. (b) The governing authority of the county shall not bid more for the property than the amount of taxes and costs. The governing authority, upon bidding in any property, shall draw its warrant on the county treasurer to pay to the levying officers the costs due on the tax executions and accruing costs in effecting the sales. The governing authority of the county shall not be required to pay the proportionate part of the taxes due the State, any school district, and any other political subdivision or authority by counties by virtue of the tax sale until after the real property is redeemed in the manner provided in this Chapter or is resold by the governing authority of the county.

"GA1978.1.358">

(c) The 12 months' redemption period allowed under the provisions of this Chapter for the redemption of realty sold under tax executions shall begin to run from the time the governing authority draws its warrants on the county treasurer to pay the levying officers the cost due on the tax executions and accruing costs in effecting the sale. 91A-421. Right of redemption. The owner of real property sold under and by virtue of tax executions, when the property is bid in by the governing authority of a county, shall have the privilege of redeeming the real property as in other cases. 91A-422. If not redeemed; property may be sold. The governing authority of the county may dispose of real property purchased under a tax execution, and remaining unredeemed, as provided for in this Title. [Code Sections 91A-423 through 91A-429 RESERVED] SUBCHAPTER C REDEMPTION OF PROPERTY SOLD FOR TAXES 91A-430. Land sold may be redeemed; time; persons entitled; amount to be paid. Whenever any real property is sold under or in obedience to an execution issued for the collection of State, county, municipal, or school taxes or for special assessments, the defendant in fi. fa. or any person having any right, title, or interest in or lien upon the property may redeem the property from the sale by the payment of the redemption price or amount required for redemption, as fixed and provided in Section 91A-436. (a) At any time within 12 months from the date of the sale; and (b) At any time after the sale until the right to redeem is foreclosed by the giving of the notice provided for in Section 91A-434. 91A-431. Effect of redemption. When property has been redeemed, the effect of the redemption shall be to put the title conveyed by the tax sale back into the defendant in fi. fa., subject to all liens existing at the time of the tax sale. If the redemption has been made by any creditor of the defendant or person having any interest in the property, the amount expended by the creditor or person interested

"GA1978.1.359">

shall constitute a first lien on the property and, if the quitclaim deed provided for in Section 91A-433 is recorded as required by law, shall be repaid prior to claims upon the property. 91A-432. Redemption by creditor without lien. If the property is redeemed by a creditor of the defendant in fi. fa. who has no lien, the creditor shall have a claim against the property for the amount advanced by him in order to redeem the property if: (a) There is any sale of the property after the redemption under a judgment in favor of the creditor; and (b) The quitclaim deed is recorded as required by law. 91A-433. Quitclaim deed by purchaser. (a) In all cases where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi. fa., reciting in the deed: (1) The name of the person who has paid the redemption money. (2) The capacity in which or the claim of right or interest pursuant to which the redemption money was paid. (b) The recitals required by this Section shall be prima facie evidence of the facts stated. 91A-434. Notice to foreclose right to redeem; time; holders of unrecorded titles, etc.; heirs. (a) After 12 months from the date of a tax sale, the purchaser at the sale or his heirs, successors, or assigns may terminate, foreclose, divest, and forever bar the right to redeem the property from the sale by causing a notice, or notices, of the foreclosure to be served, as provided for in this Chapter, upon: (1) The defendant in the execution under or in obedience to which the sale was held. (2) The occupant, if any, of the property. (3) All persons having, of record in the county in which the land is located, any right, title, or interest in, or lien upon, the property.

"GA1978.1.360">

(b) Nothing contained in this Section shall be construed to require that any notice be given to any person whose right, title, or interest in, or lien upon, the property does not appear of record in the county in which the land is located. (c) The heirs of any deceased owner of any land entitled to notice pursuant to this Section shall be served by the sheriff or notified as provided in this Chapter. 91A-435. Form of notice to foreclose right to redeem; service; time; return and record; waiver. (a) The notice provided for in Section 91A-434 shall be written or printed, or partly written and partly printed, and shall be in substantially the following form: `Take Notice That: The right to redeem the following described property, to wit:..... will expire, and be forever foreclosed, and barred, on and after the..... day of..... 19..... The tax deed to which this notice relates is dated the..... day of..... 19....., and is recorded in the office of the Clerk of the Superior Court of..... County, Georgia, in Deed Book..... at page..... The property may be redeemed at any time before the..... day of..... 19....., by payment of the redemption price, as fixed and provided by law, to the undersigned, at the following address, to wit:..... Please be governed accordingly. ..... (b) The purchaser at the tax sale, or his heirs, successors, or assigns, as the case may be, shall make out an original notice, in substantially the form prescribed in subsection (a), and one copy of the notice for each person to be served with the notice. The purchaser shall deliver the notice and the copies, together with a list of the persons and corporations to be served, to the sheriff of the county in which the land is located not less than 45 days before the date set in each notice for the expiration of the right to redeem. Within 15 days after delivery to him, the sheriff shall serve a copy of the

"GA1978.1.361">

notice, personally or by deputy, upon each of the persons or corporations included on the list so furnished him who reside in the county. The sheriff shall make an entry of the service on the original copy of the notice. Leaving a copy of the notice at the residence of any person required to be served with the notice shall be a sufficient service of the notice. (c) If the sheriff, personally or by deputy, makes an entry that he is unable, for any reason, to effect service upon any person required to be served, the person who requested that the service be made shall forthwith cause a copy of the notice to be published, once a week for two consecutive weeks, in the newspaper in which the sheriff's advertisements for the county are published. The publication shall operate as, and for all purposes shall be treated as, service upon all persons as to whom the sheriff has made an entry that he has been unable to effect service. (d) Each original notice, together with the entry of the sheriff on the notice, shall be returned to the person by which the service was requested, upon the payment of the sheriff's costs as provided by law. Any original notice, together with the entries on the notice, may be filed for record and recorded on the deed records in the office of the clerk of the superior court of the county in which the land is located. (e) Service of notices as provided in this Section may be waived, in writing, by any person required or entitled to be served with the notice. 91A-436. Amount to be paid on redemption; premium. The amount required to be paid for redemption from any sale for taxes as provided in this Chapter, or the redemption price, shall be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus a premium of 10 percent of the amount for each year, or fraction of a year, which has elapsed between the date of the sale and the date on which the redemption payment is made. If redemption is not made until after notice as required has been given, there shall be added to the redemption price, as a part of the redemption price, the sheriff's cost in connection with the serving of the notice, the cost of publication of the notice, if any, and the further sum of 10 percent of the amount paid for the property at the sale, to cover the cost of making the necessary examinations

"GA1978.1.362">

to determine the persons upon whom the notices should be served. All of the amounts requested to be paid by this Section shall be paid to the purchaser at the tax sale or to his successors in lawful money of the United States. 91A-437. Tender of redemption price before suit to cancel tax deed. (a) After notice to foreclose the right of redemption, as provided for in this Chapter, has been given, no suit at law or bill in equity shall be filed, allowed, sanctioned, or maintained for the purpose of setting aside, cancelling, or in any way invalidating the tax deed referred to in the notice, or the title conveyed by the tax deed, unless and until the plaintiff in the suit or bill in equity pays, or legally tenders, to the grantee in the deed or his successors the full amount of the redemption price for the property, as provided for in this Chapter. (b) The provisions of subsection (a) shall apply unless it clearly appears that: (1) The tax or special assessment for the collection of which the execution under or in obedience to which the sale was held was not due at the time of the sale. (2) Service or notice was not given as required in this Chapter. 91A-438. Title under tax deed to ripen by prescription. Nothing contained in this Chapter shall prevent a title under a tax deed from ripening by prescription after a period of seven years from the date of the execution of the tax deed. Any tax deed regularly executed at a valid and legal sale held by the State or any subdivision of the State including, but not limited to, counties and municipalities, when the defendant in fi. fa. is sui juris, shall convey, after the expiration of seven years from the date of the tax deed, a fee simple title and title to the property described in the tax deed shall vest absolutely in the grantee in the deed or his heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term of seven years shall begin from the time the disabilities are removed or abated. [Chapter 91A-5 through 91A-9 RESERVED]

"GA1978.1.363">

PART II. AD VALOREM TAXATION OF PROPERTY CHAPTER 91A-10. IN GENERAL 91A-1001. Legislative intent; definitions. (a) The intent and purpose of the tax laws of this State is to have all property and subjects of taxation returned at the value which would be realized from the property and subjects by cash sale, but not forced sale, as such property and subjects are usually sold. (b) As used in this Part, unless the context otherwise requires: (1) `Fair market value' means the amount which the property and subjects of taxation would bring at cash sale when sold in the manner in which such property and subjects are usually sold, but not by forced sale of the property and subjects. The tax assessor shall consider the following criteria in determining the fair market value of real property: (A) Existing zoning of property; (B) Existing use of property; (C) Existing covenants or restrictions in deed dedicating the property to a particular use; or (D) Any other factors deemed pertinent in arriving at fair market value. (2) `Foreign merchandise in transit' means personal property of every description which originates outside of the customs territory of the United States and is imported into the United States by waterborne commerce through any port located in this State and on which United States customs duties are paid at or through any customs district or port located in this State and: (A) Which is moving in foreign or interstate commerce through or over the territory of this State; or (B) Which was consigned to a public or private warehouse within this State from outside the customs territory of the United States for storage in transit to a final destination.

"GA1978.1.364">

91A-1002. Taxable property. All real property including, but not limited to, leaseholds and all personal property shall be liable to taxation and shall be taxed, except as otherwise provided by law. Liability of property for taxation shall not be affected by the individual or corporate character of the property owner or by the resident or nonresident status of the property owner. 91A-1003. Interest in or claim to land less than fee. All persons owning any mineral interest, timber interest, or other interest in, or claim to, land less than the fee shall return the interest for taxation and pay taxes on the interest as on other property. Any person who fails to comply with the requirements of this Section shall be proceeded against as a defaulting taxpayer. 91A-1004. Nonresident owners of property; liability for taxation. No lands or other property belonging to a citizen of the United States who is not a resident of this State shall be taxed at a rate higher than that applied to the property of residents of this State. However, nonresident owners of real or personal property in this State shall pay taxes on their property in this State as provided by law. 91A-1005. Ad valorem taxation of property of federal corporations and agencies. Except as prohibited by the Constitution and laws of the United States, all property owned or possessed in this State by a corporation organized under the laws of the United States or by an agency of the United States engaged in this State in proprietary, as distinguished from governmental, activities shall be subject to ad valorem taxation in this State at the same rate and in the same manner as the property of private corporations owning property in this State and engaged in similar businesses. All laws relating to ad valorem taxation of such private corporations shall apply to taxation of such agencies of the United States and corporations organized under the laws of the United States. 91A-1006. Foreign merchandise in transit; no situs acquired in State. (a) Foreign merchandise in transit shall acquire no situs in this State for purposes of ad valorem taxation. Such `no situs' property shall not acquire situs so as to become subject to ad valorem taxation by this State or any political subdivision of this State by virtue of the fact that while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in

"GA1978.1.365">

bulk, relabeled, or repackaged. The grant of `no situs' status shall be liberally construed to effect the purposes of this Section. (b) The provisions of subsection (a) shall not apply except to situs for taxation by political subdivisions of this State in which the port of original entry of such property is located. 91A-1007. Property to be returned at its fair market value. All property shall be returned for taxation at its fair market value. Promissory notes, accounts, judgments, mortgages, liens of all kinds, and all choses in action shall be returned at their fair market value whether the debtors are solvent or partially solvent. 91A-1008. What property returnable; returns made to whom. All property shall be returned by the taxpayers for taxation to the tax commissioner or tax receiver as provided by law. Each such return by a taxpayer shall be for property held and subject to taxation on January 1, next preceding. 91A-1009. Returns of nonresidents. Unless otherwise provided by law, all real and personal property of nonresidents including, but not limited to, intangible personal property shall be returned for taxation to the tax commissioner or tax receiver of the county where the property is situated. With respect to nonresident taxpayers, the provisions of this Section shall apply regardless of the individual or corporate character of the taxpayer. 91A-1010. Returns of residents. Unless otherwise provided by law, all: (a) Real property of a resident, whether the resident is an individual or a corporation, shall be returned for taxation to the tax commissioner or tax receiver of the county where the property is situated. (b) Personal property of a resident individual including, but not limited to, intangible personal property shall be returned for taxation to the tax commissioner or tax receiver of the county where the individual maintains a permanent legal residence. 91A-1011. Returns of taxable lands to be made by and to whom; description of lands. (a) All improved and unimproved

"GA1978.1.366">

lands in this State which are subject to taxation shall be returned in person or by mail by the person owning the land, or by his agent or attorney, to the tax receiver or tax commissioner of the county where the land lies. (b) If land has a district, number, and section designation, the tax receiver or tax commissioner shall require the person making a return of the land to return the land by district, number, and section. When lands have no designation by district, number, and section, they shall be returned by such description as will enable the tax receiver or tax commissioner to identify the land. (c) No tax receiver or tax commissioner shall receive any return of land which does not designate the land as provided in this Section. The Commissioner shall not allow any tax receiver or tax commissioner who receives returns in any manner other than as provided in this Section any compensation or percentage for his services. 91A-1012. Return of tangible personal property in county where business conducted. (a) Any person who conducts a business enterprise upon real property not taxable in the county in which the person resides or in which the person's office is located shall return for taxation the tangible personal property of the business enterprise to the tax commissioner or tax receiver of the county in which is taxable the real property upon which the business enterprise is located or carried on. (b) The agent in this State of any person who is a resident of another state, when the agent, as agent, has on hand and for sale, storage, or otherwise merchandise, or other tangible property, shall return the property for taxation as provided in Section 91A-1009. (c) The provisions of this Section shall not apply with respect to public utilities and other companies required to make returns of their properties and franchises to the Commissioner under the provisions of Chapters 91A-18, 91A-22, and 91A-23. 91A-1013. Time for making tax returns. (a) Except as otherwise provided in this Section, each tax commissioner and tax receiver shall open his books for return of taxes on January 1 and shall close his books on April 1 of each year.

"GA1978.1.367">

(b) In all counties having a population of not less than 66,000 or more than 73,000, according to the census, the local tax officials shall close their books for the return of taxes on March 1 of each year. (c) In all counties having a population of not less than 32,000 and not more than 32,300, according to the census, the person authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on March 1 of each year. (d) In all counties having a population of not less than 15,000 and not more than 15,500, according to the census, the person authorized to receive tax returns shall open his books for the return of taxes on January 2 and close them on February 15 of each year. (e) In each county having a population of not less than 165,000 and not more than 190,000, according to the census, when the county is authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, by resolution of the governing authority of any such county, the tax receiver's books for the return of taxes from property owners may be closed at a time prior to March 31 of each year but not sooner than March 1 of each year. The date of closing shall be established on or before January 10 in each year for that year by resolution of the governing authority. 91A-1014. Oath of persons making returns of taxable property. (a) The oath to be administered to all persons making returns of taxable property for themselves or as agents of others, and to be attached to the return form as provided for in this law, shall be as follows: `I do solemnly swear that I have carefully read (or have heard read) and have duly considered the questions propounded in the foregoing tax list, and that the value placed by me on the property returned, as shown by said list, is the true market value thereof; and I further swear that I returned, for the purpose of being taxed thereon, every species of property that I own in my own right, or have control of, either as agent, executor, administrator, or otherwise; and that in making said return, for the purpose of being taxed thereon, I have not attempted, either by transferring my property to another or by any other means, to evade the laws governing taxation in this State. I do further swear that in making said return I have done so by estimating the true worth and value of every species of property contained therein.'

"GA1978.1.368">

(b) This oath shall be subscribed by the person making the return, and the administering and taking of the oath shall be attested by the receiver of tax returns. The oath of nonresidents and sick persons may be taken and subscribed before any person authorized to administer an oath and such person shall cause the oath to be delivered to the tax receiver, who shall receive the oath. All persons making returns of taxable property for themselves or as agents of others by mail shall swear before any person qualified by law to administer oaths that the information contained within the returns is true and correct. 91A-1015. Taxpayer failing to return property deemed to have returned same property as was returned previous year; application of penalty for failure to return. (a) Any taxpayer of any county who returned or paid taxes in the county for the preceding tax year and who fails to return his property for taxation as required by this Chapter shall be deemed to have returned for taxation, for the current tax year, the same property as was returned, or deemed to have been returned, in the preceding tax year, at the same valuation as the property was finally determined to be subject to taxation in the preceding year. Each such taxpayer shall also be deemed to have claimed the same homestead exemption and personal property exemption as allowed in the preceding year. (b) Any penalty which is prescribed by this Title, or by any other law, for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to the property: (1) Which the taxpayer did not return prior to the expiration of the time for making returns; and (2) Which the taxpayer has acquired since his last tax return or which represents improvements on existing property since his last return. (c) Any taxpayer of any municipality having a population of 15,000 or more, according to the census, located within counties having populations of not less than 59,000 and not more than 60,000, according to the census, who returned or paid taxes in the municipality for the preceding tax year and who fails to return his property for taxation as required by law, shall be deemed to have

"GA1978.1.369">

returned for taxation for the current tax year the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as the property was finally determined to be subject to taxation in the preceding year and shall be deemed to have claimed the same homestead exemptions and personal property exemptions as allowed in the preceding year. Any penalty which is prescribed by this Title or any other law for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to property the taxpayer has failed to return for tax on his previous return or property on which improvements have been made since his previous return. 91A-1016. Return and collection of taxes on property unlawfully exempted. Each tax receiver and tax commissioner shall have all property which is required by law to be returned for taxes, whether or not exempted by the county authorities, returned for taxation. The tax collector or tax commissioner shall collect the taxes due upon such property. 91A-1017. Undervaluation of property or failure to return; notice; assessment; issue of taxability. (a) (1) When the owner of property has omitted to return his property for taxation at the time and for the years the return should have been made or, having returned his property or part of his property, has grossly undervalued the property returned, or his property has been assessed for taxation at a figure grossly below its fair market value, the owner or, if the owner is dead, his personal representative shall return the property for taxation for each year of delinquency. The provisions of this subsection shall apply whether delinquency results from failure to return or from gross undervaluation either by the delinquent or by assessors. (2) Each return required to be made pursuant to this subsection shall be made under the same laws, rules, and regulations as existed during the year of the default or the year in which the property was returned or assessed for taxation at figures grossly below its fair market value. (3) No lien for delinquent taxes shall be enforced against any specific property which has previously been alienated or incumbered and is in the hands of an innocent holder without notice.

"GA1978.1.370">

(b) When such property is of that class which should be returned to the tax commissioner or tax receiver of the county, the tax commissioner or tax receiver shall notify in writing the delinquent or, if the delinquent is dead, his personal representative of the delinquency. Such notice shall require the delinquent to make a return of the property within 20 days. (c) If the delinquent or his personal representative refuses or fails to return the property after notice has been given him, the tax receiver or tax commissioner shall assess the property for taxation from the best information he can obtain as to its value for the years in default and notify the delinquent of the valuation. Each such valuation shall be final unless the person so notified claims that the valuation is excessive, in which event the further procedure shall be by petition in equity in the superior court of the county where the property is assessed. In lieu of requiring separate returns or arbitrations for purposes of school taxation, the assessments when completed and entered upon the tax digests shall be adopted and used by the county boards of education or other school authorities authorized by law to levy taxes for school purposes in counties or school districts. However, a taxpayer may contest the taxability of his property for school purposes by petition in equity in the superior court of the county where the property is assessed. If the county board of tax assessors has previously passed upon the assessment of the same property for the years involved, any reassessment of the property made by the tax receiver or tax commissioner under this Section shall be void. (d) In all cases where additional or deficiency assessments are made by tax receivers or tax commissioners as provided in this Section, such assessments or additional assessments shall be presented to the board of tax assessors of the county in which the assessment is made and the board of tax assessors by majority vote of the board shall determine, amend, or disapprove the assessments in writing. Those provisions of law, relating to giving notice of assessments and subsequent procedure, which are applicable to other assessments of valuation by the board of tax assessors shall apply to the assessments by the board of tax assessors made as provided for in this Section. 91A-1018. Notice to nonresidents or their agents of receipt of returns and amount of tax due; penalty.

"GA1978.1.371">

(a) (1) Each tax receiver and tax commissioner shall notify nonresidents or their agents of the receipts of returns immediately upon the receipt of the return by them. (2) Each tax collector and tax commissioner, as soon as the digests are turned over to them and the rate of tax levied, shall notify each nonresident or his agent of the amount of tax due from the nonresident. (b) If any owner of land suffers injury by the failure of the tax collector or tax commissioner to do his duty as prescribed in subsection (a), the offending officer shall be liable on his bond to the injured person for the full damage sustained including, but not limited to, all costs and expenses of redeeming or recovering his land or the value of the land not redeemed or recovered. (c) Notice forwarded by due course of mail shall be sufficient compliance by the tax commissioner, tax receiver, or tax collector with the requirements of subsections (a) and (b). (d) The tax commissioner, tax receiver, and tax collector shall be allowed and paid their respective accounts annually incurred for postage in carrying out the requirements of subsections (a) and (b). Payment of such accounts shall be made upon a sworn account properly audited by the officer or officers having charge of the county finances. 91A-1019. Assessment of tangible property. (a) All tangible property subject to taxation by the State, any county, or any other taxing jurisdiction shall be returned by the taxpayers as provided by law at its fair market value. Such tangible property shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective taxing jurisdiction according to 40 percent of the property's fair market value. (b) It is the intent and purpose of the General Assembly that the value of tangible property as referred to in the tax laws of this State shall be 40 percent of the fair market value of the property. The requirement contained in this Section that all municipal corporations assess at 40 percent of fair market value shall not apply to any municipal corporation whose ratio of assessed value to fair market value exceeded 40 percent for the tax year 1971. No municipal

"GA1978.1.372">

corporation so exempted shall assess in any event at a ratio less than 40 percent. (c) Each notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include both the fair market value of the property of the taxpayer subject to taxation and the assessed value of the property after being reduced as provided by this Section. 91A-1020. State levy to be made by whom and when. The levy for State taxation shall be made by the Governor with the assistance of the Commissioner. Each year, as soon as the value of the taxable property is substantially known by the Commissioner, the Commissioner shall assist the Governor in making the State levy. Immediately after the Governor has made the State levy, the Commissioner shall send to each tax collector and tax commissioner written or printed notices of the Governor's order. 91A-1021. Taxes charged against whom. Taxes shall be charged against the owner of property if the owner is known and against the specific property itself if the owner is not known. Life tenants, and those who own and enjoy the property, shall be chargeable with the taxes on the property. 91A-1022. Taxes payable to county in which returns are made. (a) All resident and nonresident persons who are required or directed by law to return any property for taxation to a tax commissioner or tax receiver shall pay the taxes on the property to the county in which the property is required or directed by law to be returned. (b) In all counties having a population of not less than 350,000 and not more than 600,000, according to the census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty of five percent during which any installment remains unpaid after it is due not to exceed five percent shall accrue and be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall be due and payable on October 1 of each year and shall become delinquent

"GA1978.1.373">

if not paid by December 31. A penalty of five percent during which the installment for intangible taxes remains unpaid after it is due not to exceed five percent shall accrue and be added to the installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate of nine percent per annum, and in addition to the interest charge a minimum interest payment of $1.00, from the close of business on December 31. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. (c) (1) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to each county in this State having a population of 600,000 or more, according to the census, or to any municipality lying wholly or partially within such county having a population of 400,000 or more, according to the census, which are not paid when due shall bear interest at the following rates until paid: (A) Seven percent per annum on the total amount of any such taxes, fees, service charges, or assessments which are not paid when due; (B) An additional rate of interest on the amount of such taxes, fees, service charges, and assessments which exceed $1,000 equal to an additional one percent per annum for each full calendar month which elapses between the date such service charges, fees, and assessments first become due and the date on which they are paid in full. The total rate of interest determined under this subsection shall not exceed 12 percent per annum. The additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, and if the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute. (2) Such rates of interest shall be determined on the date such amounts are paid in full and interest at the rate so determined shall accrue on such taxes, fees, service charges, or assessments from the date on which any such amount, or installment

"GA1978.1.374">

thereof, first became due and payable until the date on which such amount, or installment thereof, is paid in full. Determination of such rates of interest shall be made separately as to amounts owed by a taxpayer to separate taxing jurisdictions, and such determination shall be made separately as to each parcel of property owned by a taxpayer. (3) The tax collectors, tax commissioners, or governing authority of any such county or municipality shall issue executions against such taxpayer owing such taxes, fees, service charges, or assessments together with interest thereon as provided in this subsection when the same become delinquent. (d) In all counties having a population of not less than 165,000 and not more than 185,000, according to the census, a penalty of 10 percent of the tax due shall accrue on taxes not paid on or before December 20 of each year, and interest shall accrue at the rate of seven percent per annum on the unpaid taxes and penalty until both the taxes and penalty are paid, and the tax collectors shall issue executions for tax, penalty, and interest against each delinquent taxpayer in their respective counties. The 10 percent penalty is to be paid over to the county fiscal authority to assist the county in paying the expense to the county in collecting the delinquent taxes. 91A-1023. Taxes to be paid before other claims; property always subject. (a) Taxes shall be paid before any other debt, lien, or claim of any kind. The property returned, the property held at the time of returning property, and the property held after the time of returning property shall always be subject to the lien for taxes. (b) The title and operation of a security deed shall be superior to the taxes assessed against the owner of property when the tax represents an assessment upon property of the owner other than that property specifically subject to the title and operation of the security deed. 91A-1024. Liability of agents of nonresidents. All persons who return property for nonresidents, such nonresidents, and the property of such nonresidents in this State shall be liable for the taxes on such property.

"GA1978.1.375">

91A-1025. Proceedings to determine county entitled to tax return and payment; collection pending litigation; commissions. (a) (1) If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county, the county claiming to be entitled may apply to the superior court of the county in which the property has been or is about to be returned, in a petition to which the taxpayer and all the counties claiming the taxes shall be made parties, for direction and judgment as to which county is entitled under the law to the return and taxes. (2) If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county by any person to the Commissioner, the county disputing and traversing the return may apply to the superior court of the county in which the taxpayer has located the property in the return to the Commissioner for direction and judgment as to which county under the law is entitled to the return and taxes. All counties claiming the taxes, the taxpayer, and the Commissioner shall be made parties in the suit. (3) The proceedings under this Section shall be the same in all respects as in other suits in equity except that the petition shall be for final trial at the first term of the court and, as in other cases, shall be reviewed by appeal to the Supreme Court of Georgia. (4) The provisions of this subsection shall not affect the law relative to returns to be made to the Commissioner otherwise than by providing a venue for determining a dispute on tax rights as set forth. (b) If any officer having charge of the fiscal affairs of the county suing can make the affidavit required by Section 3-212, the judge of the superior court before whom the petition for relief is brought shall change the venue to an adjoining county. The losing party in the contest shal pay all costs. (c) The taxes due the State and the undisputed taxes due the counties contesting shall not be held up by a suit entered into pursuant to this Section and the restraint shall apply only to the taxes in

"GA1978.1.376">

dispute under the issue, which shall be plainly set forth in the petition. (d) Pending the determination of the cause, accruing taxes shall be collected by the officers of the county to which the return has been made by the taxpayer. Should another county be found to be entitled to the taxes, judgment shall be entered in favor of the county entitled to the taxes and against the county collecting the taxes for the portion of the taxes paid into the treasury of the collecting county. (e) Should the amount of taxes recovered by an entitled county exceed for any year the amount that would have been assessed for that year on the return as made by the taxpayer had the return been made in the county entitled, the excess shall be decreed to be returned to the taxpayer. Should the amount of taxes recovered fall short, execution shall be issued, as in case of defaulting taxpayers, by the officer of the county entitled. (f) No commission shall be paid to the tax receiver, tax collector, or tax commissioner on State and county taxes collected when a suit over the collection is pending as provided in this Section. The county's portion of the tax, together with commissions on State and county taxes allowed the tax receiver, tax collector, or tax commissioner, shall be paid into the county treasury of the county collecting to await the decision of the suit. Upon final determination of the suit, the officers of the county determined to be entitled to the taxes shall receive their legal commissions. The State taxes collected pending the suit shall be forwarded to the Commissioner by the officer collecting, as though no such suit were pending. Commissions allowed on State taxes shall be paid into the county treasury of county collecting to await the determination of the suit, as provided in this Section. 91A-1026. Claim of right to assess is not refusal. The claim of the tax receiver or tax commissioner of the right to assess a tax-payer's property is not a refusal to receive a return. 91A-1027. Taxes for former years; how returned and collected. Tax commissioners, tax receivers, and tax collectors shall receive returns and collect taxes due on returns for former years for which any person is in default. Such taxes shall be assessed according to

"GA1978.1.377">

the law in force at the time the default occurred and the fact of assessment according to the law in force at the time of default shall be specified in the digest. 91A-1028. Collection and payment of taxes on tangible property in installments; authorization; alternate procedure. (a) (1) The governing authority of each county and each municipal corporation is authorized to provide by appropriate resolution or ordinance for the collection 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 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. (2) The resolution or ordinance required pursuant to this subsection 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 a county or municipal corporation electing to collect taxes in installments shall file with the Commissioner a certified copy of the appropriate resolution or ordinance within 10 days of its adoption. The resolution or ordinance shall 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 Commissioner of such repeal within 10 days after such action is taken. (b) (1) Notwithstanding that the governing authority of any county or any municipal corporation, pursuant to the provisions of this Section, 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 further authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes on tangible property, other

"GA1978.1.378">

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 Commissioner. The resolution or ordinance required by this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31. The resolution or ordinance shall be filed with the Commissioner and continued in force and effect as provided in subsection (a). Notification of the repeal of the resolution or ordinance shall be made as provided in subsection (a). (2) Those taxes payable in installments and based on the current final tax digest as provided in this subsection shall be billed on July 1. The first installment on such taxes shall be one-half the entire amount due for the year and shall become due 60 days from the date of billing. The second installment on such taxes 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, upon becoming delinquent, shall be subject to a penalty of five percent. That part of the entire amount of a tax bill due which is unpaid after December 20 shall be subject to interest at the rate of nine percent per annum from December 21 until paid. The provisions of subsection (e), relating to penalty and interest, shall not apply to installment payments authorized by this subsection. (c) For the purposes of this Section, taxes due and payable in installments on such property shall be as follows: (1) One-half of the taxes levied on the 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. (2) Those taxes due on the final installment, which shall be not later than December 20 of each year, shall be the total taxes due on the property for the current tax year after credit has been given for tax payments made in accordance with paragraph (1) of this subsection. (d) Nothing contained in this Section shall be construed to impose any liability for the payment of any ad valorem taxes upon

"GA1978.1.379">

any person for property which was not owned on the first day of January of the applicable tax year. (e) (1) The provisions of this Section shall apply to all persons required by law to make annual tax returns of all their property in this State to the Commissioner. (2) The governing authority of each county and each municipal corporation is authorized to collect taxes in accordance with the installment provisions of this Section even though no assessment has been placed on the subject tangible property for the tax year for which the installments are being collected. (3) Taxes not paid when due under any installment authorized pursuant to this Section 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 provided by law. 91A-1029. Payment of ad valorem property taxes condition precedent to superior court jurisdiction in property tax litigation. (a) Before the superior court has jurisdiction to entertain any civil action, appeal, or affidavit of illegality filed by any aggrieved taxpayer concerning liability for ad valorem property taxes, taxability of property for ad valorem property taxes, valuation of property for ad valorem taxes, or uniformity of assessments for ad valorem property taxes, the taxpayer shall pay the amount of ad valorem property taxes assessed against the property at issue for the last year for which taxes were finally determined to be due on the property. (b) Ad valorem taxes due under the provisions of this Section shall be paid to the tax collector or tax commissioner of the county where the property is located. If the property is located within any municipality, the portion of the payment due to the municipality shall be paid to the officer designated by the municipality to collect ad valorem taxes. (c) All taxes paid to the county tax collector or tax commissioner under the provisions of this Section shall be distributed to the State, county, county schools, and any other applicable taxing districts in the same proportion as the millage rate for each bears to

"GA1978.1.380">

the total millage rate applicable to the property for the current year. If the total millage rate has not been determined for the current year, the distribution shall be made on the basis of the millage rates established for the immediately preceding year. (d) Any payment made by the taxpayer in accordance with the provisions of this Section which is in excess of his finally determined tax liability shall be refunded to the taxpayer. If the finally determined tax liability of the taxpayer exceeds the amount paid under the provisions of this Section, the taxpayer shall be liable for the amount of the difference between the amount of tax paid and the amount of tax owed. The amount of such difference shall be subject to the same penalty and interest as any other unpaid ad valorem tax. 91A-1030. Proportionate payments by owners, lienholders, etc. The owner or the holder of any equity, lien, or interest in or on property returned or assessed with other property for taxes shall be allowed to pay the taxes assessed against any one or more pieces of such property, (a) when listed separately by the owner or assessor on the tax return or digest, according to the valuation shown by said return or assessment, (b) when not listed separately on the tax return or digest by the owner or assessor, by paying the proportionate part of the taxes represented by such property according to the valuation in the return or assessment; that is to say, such proportionate part of all of such taxes represented by the return or assessment as the value of such separate piece of property (upon which payment is being made) bears to all of the said property in such return or assessment. The officials charged with the collection of taxes for this State or for any subdivision of this State (including, but not limited to, municipalities and all other subdivisions of the State and counties) and any transferee of a tax lien shall be required to accept payment of the taxes when tender is made as provided in this Section, shall issue a receipt showing the payment, and shall execute a release of the property from the lien for taxes, and the official or transferee accepting the payment and releasing the property shall be paid a fee of 50 cents for issuing the receipt and release. 91A-1031. Payment upon parcels by owners or transferees. The owner of any real property located in this State, and the transferee of every owner who acquires title to real property within this State between the date on which the tax lien on the property vests and the

"GA1978.1.381">

date on which the tax evidenced by the tax lien shall become due and payable, shall have the right to pay the taxes assessed against any one or more lots, tracts, or parcels of the real property, (a) by paying the amount of tax charged to such lot, tract, or parcel, if the property was separately returned by the owner, or in the case of a transfer, by the transferor of the property; or (b) if the property was not separately returned, by paying that percentage of the total tax assessed which the value of the property sought to be released bears to the value of all the property returned by the owner of such property as of the date on which the tax lien vested. The officers charged with the collection of taxes for this State and any subdivision of the State (including, but not limited to, municipalities and counties), and including any transferee of the tax lien, shall accept payment of the taxes assessed against one or more lots, tracts, or parcels of real property upon tender by the owner of property, including any transferee of the real property who has obtained title to the property between the time when the lien vested and the time on which the taxes are payable, and shall execute a release as to such property without regard to whether or not the taxes assessed against any other property, real or personal, of the owner or the transferee of the real property or the transferor of the owner have been paid; the official or transferee of the tax lien accepting the payment and releasing the property shall be paid a fee of $2 for issuing the receipt and release. No such officer or transferee of the tax lien shall be required to release any one or more tracts of real property after a fi. fa. has been recorded on the general execution docket in the county where the property is situated, without also receiving the entire amount of past due taxes as reflected in said fi. fa. No such officer or transferee of the tax lien shall be required to release the last or only remaining lot, parcel, or tract of real property until all personal property taxes owned by the owner have been paid. CHAPTER 91A-11. PROPERTY EXEMPT FROM TAXATION SUBCHAPTER A IN GENERAL 91A-1101. Definitions. As used in this Chapter, unless the context otherwise requires: (a) `Applicant' means:

"GA1978.1.382">

(1) A married individual living with husband or wife. (2) An individual who is unmarried but who permanently maintains a home for the benefit of one or more other individuals who are related to such individual or dependent wholly or partially upon such individual for support. (3) A widow or widower having one or more children and maintaining a home occupied by a widow or widower and child or children. (4) A divorced husband or wife living in a bona fide state of separation and having legal custody of one or more of their children, when the divorced husband or wife owns and maintains a home for the child or children. (5) An individual who is unmarried, a widow, or a widower and who permanently maintains a home owned and occupied by himself or herself. (b) `Homestead' means the real property owned by and in possession of the applicant on January 1 of the taxable year and upon which the applicant resides including, but not limited to, the land immediately surrounding the residence to which the applicant has a right to the possession under a bona fide claim of ownership. The word `homestead' also means the following: (1) The actual permanent place of residence of an individual who is the applicant and which constitutes the home of the family. (2) Where the person who is the applicant holds the bona fide fee title (although subject to mortgage or debt deed), an estate for life, or under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the contract. (3) Where the building is occupied primarily as a dwelling. (4) Where the children of deceased or incapacitated parents occupy the homestead of their parents and one of the children stands in the relation of applicant. The provisions of this paragraph shall apply whether or not the estate is distributed.

"GA1978.1.383">

(5) Where a husband or wife occupies a dwelling and the title of the homestead is in the name of the wife. (6) In the event a dwelling house which is classed as a homestead is destroyed by fire, flood, storm, or other unavoidable accident or is demolished or repaired so that the owner is compelled to temporarily reside in another place, the dwelling house shall continue as a homestead for the period of one year after the occurrence. (7) In the event an individual who is the applicant owns two or more dwelling houses, he shall be allowed the exemption granted by law on only one of the houses. Further, only one homestead shall be allowed to one immediate family group. (8) Where property is owned and occupied jointly by two or more individuals all of whom occupy the property as a home and, if the property is otherwise entitled to a homestead exemption, the homestead may be claimed in the names of the joint owners residing in the home. (9) The permanent place of residence of an individual in the armed forces. Any such residence shall be construed to be actually occupied as the place of abode of such individual when the family of the individual resides in the residence or when the family is forced to live elsewhere because of the individual's service in the armed forces. (10) Absence of an individual from his residence because of duty in the armed forces shall not be considered as a waiver upon the part of the individual in applying for a homestead exemption. Any member of the immediate family of any such individual in the armed services, or a friend of any such individual, may notify the tax receiver or the tax commissioner of the individual's absence. Upon receipt of this notice, the tax receiver or tax commissioner shall grant the homestead exemption to the individual so absent in the armed forces. (11) In all classes defined in paragraphs (1), (2), (3), (4), (5), (6), and (7), the homestead exempted must be actually occupied as the permanent residence and place of abode by the person awarded the exemption, and such homestead shall be the

"GA1978.1.384">

legal residence and domicile of such person for all purposes whatsoever. (12) In all counties having a population of not less than 10,450 and not more than 10,650, according to the 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 the lease may be terminable as expressly provided in the lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property. (c) `Home for the aged' means a facility which provides residential services, health care services, or both residential services and health care services to the aged. (d) `Hospital' means an institution in which medical, surgical, or psychiatric care is provided to persons who are sick, injured, diseased, mentally ill, or crippled. `Hospital' does not include an institution licensed as a nursing home under the laws of Georgia. (e) `Institutions of purely public charity,' `nonprofit hospitals,' and `hospitals not operated for the purpose of private or corporate profit and income' mean and include such institutions or hospitals which may have incidental income from pay patients when such income, if any, is devoted exclusively to the charitable purpose of caring for patients who are unable to pay and for the purpose of maintaining, operating, and improving the facilities of such institutions and hospitals, and when such income is not directly or indirectly for distribution to shareholders in corporations owning such property or to other owners of such property. (f) `Occupied primarily as a dwelling' means: (1) The applicant or members of his family occupy the property as a home. (2) (A) The applicant or members of his family occupy a portion of the property as a home.

"GA1978.1.385">

(B) Not more than one exemption may be claimed pursuant to this paragraph in connection with the occupancy of one building except in the case of duplex or double occupancy dwelling when the line of division follows a natural and bona fide plan as to both land and building and the two units thus formed are separately owned and occupied. (g) `Production' means: (1) When applied to a laying hen, a period beginning at the time the laying hen comes into production at age six months rather than a period beginning when the laying hen is hatched. (2) When applied to a brood cow, a period of nine months from the time the brood cow is able to conceive at age twelve months rather than a period beginning when the brood cow is born. 91A-1102. Property exempt from taxation. (a) The following property shall be exempt from all ad valorem property taxes in this State: (1) (A) Except as provided in this paragraph, all public property. (B) No public real property which is owned by a political subdivision of this State and which is situated outside the territorial limits of the political subdivision shall be exempt from ad valorem taxation unless the property is: (i) Developed by grading or other improvements to the extent of at least 25 percent of the total land area and facilities are located on the property which are actively used for a public or governmental purpose. (ii) 300 acres or less in area. (iii) If owned by a municipality, located inside the county embracing all or part of the municipality.

"GA1978.1.386">

(iv) That portion of any real property which has been designated as a watershed by the United States Soil and Water Conservation Service and used as a watershed by the political subdivision owning the property. (2) All places of religious worship or burial. (3) All property owned by religious groups and used only for single-family residences when no income is derived from the property. (4) All institutions of purely public charity. (5) (A) All property of nonprofit hospitals used in connection with their operation when such hospitals have no stockholders, have 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. (B) Property exempted pursuant to this paragraph shall not include property of a nonprofit hospital held primarily for investment purposes or used for purposes unrelated to: (i) Providing of patient care; (ii) Providing and delivery of health care services; or (iii) Training and education of physicians, nurses, and other health care personnel. (6) All buildings erected for and used as a college, incorporated academy, or other seminary of learning. (7) All funds or property held or used as endowment by colleges, nonprofit hospitals, incorporated academies, or other seminaries of learning when such funds or property are not invested in real estate.

"GA1978.1.387">

(8) When used by or connected with the public library, all the real and personal property of any public library and all the real and personal property of any other literary association. (9) All books, philosophical apparatus, paintings, and statuary of any company or association which are kept in a public hall and which are not held as merchandise or for purposes of sale or gain. (10) All farm products grown in this State and remaining in the hands of the producer during the one year beginning immediately after their production. (11) All property used in or which is a part of any facility which has been installed or constructed at any time for the primary purpose of eliminating or reducing air or water pollution if such facilities have been certified by the Department of Natural Resources as necessary and adequate for the purposes intended. (12) (A) Property of a nonprofit home for the aged used in connection with its operation when the home for the aged has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501 (c) (3), as amended, and Section 91A-3605 of this Title, as amended, and is subject to the laws of the State of Georgia regulating nonprofit and charitable corporations. (B) Property exempted by this paragraph 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. (C) The provisions of this paragraph shall also apply to ad valorem taxes heretofore or hereafter claimed or assessed on the property described in this paragraph but which had not been collected prior to March 30, 1977. 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.

"GA1978.1.388">

(D) The provisions of this paragraph are cumulative and independent of any exemption, waiver, or other relief from taxes given by other laws to nonprofit homes for the aged described in this paragraph. (b) The exemptions provided for in this Section which refer to colleges, nonprofit hospitals, incorporated academies, or other seminaries of learning shall only apply to those colleges, nonprofit hospitals, incorporated academies, or other seminaries of learning which are open to the general public. (c) The property exempted by this Section shall not be 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 institutions. (d) This Section shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and this Section shall not apply to real estate or buildings which are not used for the operation of such institutions. Provided that 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. 91A-1103. Fertilizers exempted; when. The consumers of commercial fertilizers shall not be required to return for taxation any fertilizers where the land upon which the fertilizer is to be used has been properly returned for taxation. No tax receiver or tax commissioner shall require a consumer of commercial fertilizers, or any other manures commonly used by farmers and others as fertilizers, to return the fertilizer where the land upon which it is to be used has been properly returned. [Code Sections 91A-1104 through 91A-1109 RESERVED]

"GA1978.1.389">

SUBCHAPTER B HOMESTEAD EXEMPTIONS 91A-1110. Exemption of home occupied by owner. The homestead of each resident of this State actually occupied by the owner as a residence and homestead for so long as the residence and homestead is actually occupied by the owner primarily as residence and homestead, but not to exceed $2,000 of its value, is 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. Should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making the contract. Except as otherwise specifically provided for by law, the value of all property in excess of the foregoing exemptions shall remain subject to taxation. The exemption shall be returned and claimed in the manner prescribed by law. This exemption shall not apply to taxes levied by municipalities. 91A-1111. Application for exemption. (a) The person seeking a homestead exemption as provided in Section 91A-1110 shall file, on or before April 1 of the year in which exemption from taxation is sought, a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to properly file the application and schedule shall constitute a waiver upon the part of the person failing to make the application for exemption for said year. (b) The owner of a homestead which actually is occupied by the owner as a residence and homestead shall not have to apply for the exemption but one time so long as the owner remains in continuous occupation of the residence as a homestead. Each such exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead. 91A-1112. Applications; blanks furnished by Commissioner; oath. (a) The application for the homestead exemption shall be furnished by the Commissioner not later than February 1 in each year to the tax receiver or tax commissioner and municipal authorities, as the case may be, of the various counties.

"GA1978.1.390">

(b) The application shall provide for: (1) A statement of ownership of the homestead, a complete description of the property on which homestead exemption is claimed, when and from whom the property was acquired, the kind of title held, and the amount of liens, if any, and to whom due. (2) The approval of the application by the person authorized. (c) A form of oath shall be provided and shall be administered to the person seeking the homestead exemption. The oath may be administered and witnessed by the tax receiver, tax commissioner, any authorized deputy of the tax receiver or tax commissioner, or any person authorized by law to administer oaths. (d) The tax receiver or tax commissioner shall deliver to any interested person the forms prescribed for the exemption. The applicant must answer all questions correctly to be entitled to an approval of the application. (e) The tax receiver or tax commissioner shall receive all applications for homestead exemption and shall file and preserve the applications. The application shall be filed with the tax receiver or tax commissioner as provided by law. 91A-1113. Eligibility of applicant, how determined; appeal; required payment of taxes. (a) The official receiving an application for homestead exemption shall determine the eligibility of the applicant to claim the exemption and, whether the application is approved or disapproved, he shall then transfer the application to the county board of tax assessors for final determination by the board as to eligibility and value as provided by law. (b) The applicant shall have the right of appeal from the decision of the board of assessors to the board of tax appeals, in the counties where such a board has been established, or to the superior court of the county in which the land lies upon all questions of law or fact. The appeal shall be filed with the board of tax appeals, in the counties where such a board has been established, or with the clerk of the superior court within 10 days from the receipt of written

"GA1978.1.391">

notice from the board of tax assessors of the disapproval of or any change in the application. (c) If, during the pendency of any appeal as provided in subsection (b), taxes shall become due and payable, the applicant shall pay the amount claimed into a registry designated by the court. Any such amount shall be held in the said registry pending final determination of the appeal. Failure to pay the amount due within the time fixed by the court shall result in an immediate dismissal of the appeal. 91A-1114. Value of homestead credited with exemption. The value of the homestead as finally determined shall be credited with the homestead exemption provided by law. The homestead value, exemption, and difference, if any, shall be shown on the owner's tax return and the correctness of the value, exemption, and difference shall be approved on the return as provided by law. 91A-1115. Requirements and procedures relative to applications for homestead exemption of persons 65 years of age or older with certain incomes. The application for the homestead exemption of persons 65 years of age or older shall be in the form prescribed by the Commissioner. The application shall require the applicant's Social Security number. The tax commissioner or tax receiver shall be authorized to have the statement of income of any claimant verified by the Department upon sending the Social Security number of a claimant to the Department. 91A-1116. Application and showing by disabled veteran for constitutional homestead exemption. (a) Any disabled veteran qualifying for the homestead exemption provided for by Article VII, Section I, Paragraph IV of the Constitution shall file with the tax commissioner or tax receiver a letter from the Veterans Administration stating that he is a disabled American veteran and that he is disabled 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 wheelchair, 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, as a result of service in any war or armed conflict in

"GA1978.1.392">

which any branch of the armed forces of the United States engaged, whether under United States command or otherwise. (b) Each disabled veteran shall file for the exemption only once in the county of his residence. Once filed, the exemption shall automatically be renewed from year to year. 91A-1117. Exemption from ad valorem taxation for educational purposes of homesteads of certain persons 62 years of age or over; application; replacement of revenue. (a) The homestead, but not to exceed $10,000 of its assessed value, of each resident of each independent school district and of each county school district within this State who is 62 years of age or over and who has a gross income from all sources, including the income of all members of the family residing within the homestead, not exceeding $6,000 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or in behalf of any such school system, including taxes to retire school bond indebtedness. (b) (1) The exemption provided in subsection (a) shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the Commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall be filed on or before the last day upon which the owner would otherwise be permitted by law to claim the homestead exemption provided for in Section 91A-1110 and shall show the: (A) Age of the owner on January 1 next preceding the filing of the affidavit. (B) Total amount of income received by the owner from all sources during the immediately preceding calendar year. (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead.

"GA1978.1.393">

(D) Such additional information as may be required by the Commissioner. (3) Copies of all affidavits received, or extracts of the information contained in the affidavits, shall be forwarded to the Commissioner by the various taxing authorities with whom the affidavits are filed. The Commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the Department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the Department. (c) The exemption granted to the homestead by this Section shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders when the property is actually occupied as a residence by one or more of the titleholders who possess the qualifications provided in subsection (a) and who claim the exemption granted by subsection (a) in the manner provided in this Section. The exemption shall also extend to those homesteads, the title to which is vested in a personal representative or trustee, if one or more of the heirs or cestui que uses residing on the property possess the qualifications provided for and claim the exemptions granted by subsection (a) in the manner provided in this Section. (d) (1) The State Board of Education, when funds are specifically appropriated for the purpose of replacing revenue lost by local systems as a result of this Section, shall provide each school district in this State which, on July 1, 1974, had in effect a tax levy of 20 mills or more for educational purposes or was levying the maximum permissible tax authorized by law for educational purposes with grants for educational purposes which shall equal the revenues lost by the school district due to the exemption provided for property located within such school district by the provisions of this Section. (2) The State Board of Education may promulgate reasonable rules to carry out the provisions of this subsection.

"GA1978.1.394">

[Code Sections 91A-1118 through 91A-1129 RESERVED] SUBCHAPTER C PERSONALTY EXEMPTION 91A-1130. Exemption of personalty. 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. All tools and implements of trade of manual laborers and all domestic animals shall be exempt from all ad valorem taxes in an amount not to exceed $300 in actual value. CHAPTER 91A-12. COUNTY TAXATION 91A-1201. Purposes of county tax in general. County taxes may be levied and collected for the following public purposes: (a) To pay the expenses of administration of the county government. (b) To pay the principal and interest of any debt of the county and to provide a sinking fund for the payment of such principal and interest. (c) For educational purposes upon property located outside of independent school systems, as provided in Article VIII of the Constitution, as amended. (d) To build and repair public buildings and bridges. (e) To pay the expenses of courts and the maintenance and support of prisoners, to pay sheriffs and coroners, and to pay for litigation. (f) To build and maintain a system of county roads. (g) For public health purposes in the county and for the collection and preservation of records of vital statistics. (h) To pay county police.

"GA1978.1.395">

(i) To support paupers. (j) To pay county agricultural and home demonstration agents. (k) (1) To provide for payment of old-age assistance to aged persons in need and for the payment of assistance to needy blind, assistance to dependent children, and other welfare benefits. (2) No person shall be entitled to assistance as provided in this subsection who does not qualify for assistance in every respect, as provided by law prescribing the qualifications for beneficiaries. (3) No indebtedness or liability against the county shall ever be created for the purpose stated in this subsection when the indebtedness or liability is in excess of amounts reasonably expected to be raised by county taxes levied as provided by law. (l) To provide for fire protection of forest lands and for the further conservation of natural resources. (m) To provide hospitalization and medical or other care for the indigent sick people of the county. (n) To acquire, improve, and maintain airports, public parks, and public libraries. (o) To provide for workmen's compensation and retirement or pension funds for officers and employees. (p) To provide reasonable reserves for public improvements as may be fixed by law. (q) To pay pensions and other benefits and costs under a teacher retirement system or systems. (r) For school lunch purposes, upon property located outside of independent school systems as provided in Article VIII of the Constitution, as amended, to provide for payment of costs and expenses incurred in the purchases, replacement, and maintenance of school lunchroom equipment, purchase of school lunchroom supplies, transportation, storage, and preparation of foods, all other costs and expenses incurred in the operation of school lunch programs, but excluding purchase of foods.

"GA1978.1.396">

other costs and expenses incurred in the operation of school lunch programs, but excluding purchase of foods. (s) To provide for ambulance services within the county. (t) To provide for financial assistance to local county development authorities for the purpose of developing trade, commerce, industry, and employment opportunities. No tax for this purpose shall exceed one mill per dollar upon the assessed value of the taxable property in the county levying the tax. (u) To provide for public health and sanitation including, but not limited to water pollution control projects, sewage treatment facilities, storm and sanitary sewer facilities, and water supply facilities. 91A-1202. Tax for current expenses and accumulated debts. The governing authority of each county may impose, without a recommendation by the grand jury, an ad valorem property tax not exceeding five mills to pay current expenses or accumulated debts of the county, or both current expenses and accumulated debts. 91A-1203. Payment of accumulated debts. The accumulated debts referred to in Section 91A-1202 shall be paid off as rapidly as possible, at least 25 percent a year. 91A-1204. Tax for county purposes. The governing authority of each county may levy an ad valorem property tax for county purposes over and above other property taxes authorized by law, not to exceed two and one-half mills, when two-thirds of the grand jury at the first or spring term recommends such tax. 91A-1205. Taxes must be used for purposes specified. Taxes raised for any specific purpose shall be used for such purpose and none other. 91A-1206. Duty of the governing authority of each county. Each county governing authority shall have prepared by the county treasurer, under his supervision, by the time of the organization of the grand jury at the first or spring term, a statement of the financial condition of the county and the amount of tax required for county purposes for that year. The statement shall be presented by

"GA1978.1.397">

the county treasurer to the foreman of the grand jury on the first day of the grand jury's term for inspection by the grand jury. 91A-1207. Failure of grand jury to recommend; levy of tax. (a) (1) If a grand jury is not impaneled at the spring term or adjourns without taking any action on the statement presented pursuant to Section 91A-1206 or refuses to make a recommendation sufficient to discharge any judgment that has been obtained against the county or any debt for the payment of which mandamus has been issued, or for the payment of the necessary current expenses of the year, the governing authority of the county may levy without such recommendation the necessary property tax not to exceed two and one-half mills. (2) In all cases when the spring term of the superior court of any county is adjourned before the grand jury has made its general presentments, the governing authority of the county is empowered to levy a tax to the full extent and for any purpose that might have been authorized by recommendation of the grand jury. No such tax shall exceed the levy last recommended by a grand jury for the county. (b) Where several grand juries have been impaneled during the spring term, the recommendation of any panel shall be sufficient authority to levy the additional tax of two and one-half mills. If there are counter-presentments on the subject, the governing authority of the county may proceed as provided in subsection (a). 91A-1208. Right of creditors to compel and taxpayers to resist tax. The right of a creditor of a county to compel the levying of such tax or of a taxpayer to resist it, is the same as set forth in Section 91A-1209 (b), relating to taxes for the construction or repair of county buildings. 91A-1209. Extra tax for county buildings; how levied; failure to levy. (a) The governing authority of each county may levy an extra tax sufficient to carry into effect Sections 91-701 and 91-702, providing for the erection and repair of courthouses, jails, and other county buildings. Any such tax may be levied without a recommendation by the grand jury whenever the necessity arises.

"GA1978.1.398">

(b) If the governing authority of any county fails to comply with Sections 91-701 and 91-702, fails to levy the tax, or levies an exorbitant or unnecessary tax, the governing authority's conduct may be reviewed by the judge of the superior court, by mandamus or injunction as the nature of the case may require, at the instance of any taxpayer of the county. 91A-1210. Tax for the support of paupers. The governing authority of each county may levy for the support of the paupers of the county a property tax not in excess of two and three-fourth mills. No such tax shall exceed one and one-fourth mills unless two successive grand juries of the county, by a two-thirds vote of each of the grand juries, recommends the additional levy. When funds realized from any such tax levy are appropriated and disbursed to the county department of public welfare, the county department of public welfare shall have the right and authority to invest such funds in the purchase, lease, or sublease of real estate or personal property or in the construction of buildings to be acquired in the name of such county and used for charitable or welfare purposes. 91A-1211. Tax to pay county agricultural and home demonstration agents. Each county of this State may levy and collect a property tax not in excess of one and one-half mills upon all taxable property for the purpose of paying county agricultural and home demonstration agents. 91A-1212. Order to specify percentage for each purpose. The county property tax shall be assessed for the year, by order of the governing authority of the county, and entered on the minutes of the governing authority. The order shall specify the percentage levied for each specific purpose. The assessment shall apply to all property which is taxed by the State. 91A-1213. Order to be advertised. The governing authority of the county shall advertise immediately a copy of any order issued pursuant to Section 91A-1212 for 30 days at the door of the court-house and in a public newspaper, if one is published within the limits of the county. A copy of the order shall also be furnished to the tax commissioner or tax collector. 91A-1214. How collected and paid out. All taxes levied for county purposes shall be assessed upon the tax commissioner's or tax

"GA1978.1.399">

receiver's books for each year and shall be collected by the tax commissioner or tax collector. After collection, the tax commissioner or tax collector shall pay the taxes to the county treasurer. 91A-1215. Tax commissioners' and tax collectors' liability. The tax commissioners and tax collectors shall be liable to the same fines and forfeitures for any default or improper conduct relating to county property taxes as are provided by law with respect to State property taxes. 91A-1216. Commissions of tax commissioners or tax collectors; how assessed. The governing authority of each county in allowing the tax commissioner or tax collector his commissions for collecting the taxes levied in the county shall aggregate the taxes for the various purposes levied and allow commissions on the whole amount. Each such allowance shall be made in accordance with the schedule from which the Commissioner is authorized to allow commissions to tax commissioners or tax collectors for collecting the State property tax. 91A-1217. Payment; how enforced. Any remedy or right allowed by law for the enforcement of the collection and payment of the State property taxes, either by the Commissioner, tax commissioner, or tax collector, may be used for the enforcement of the collection and payment of the county property taxes by the governing authority of the county. 91A-1218. Execution against persons holding county money. (a) The governing authority of each county may compel all persons, and their heirs and personal representatives, who have in their possession any county money, collected for any county purpose whatever, to pay over the county money. (b) On failure to pay over county moneys, the governing authority of the county shall issue executions against persons failing to pay and their securities, if any, for the full amount appearing to be due. Such executions shall be issued in the same manner as the Commissioner issues executions against defaulting tax commissioners or tax collectors. 91A-1219. Affidavit of illegality. If execution as provided in Section 91A-1218 (b) issues for an amount greater than the amount

"GA1978.1.400">

due or if the defendant denies on oath owing any part of the amount claimed, the defendant may cause an issue to be formed on the execution by filing an affidavit of illegality according to the rules governing other illegalities. Each such issue shall be tried by a jury at the first term of the superior court held after the filing of the affidavit. 91A-1220. Borrowing county money. The provisions of this Chapter are applicable to all persons and their sureties who borrow, or pretend to borrow, any county money from any person having custody of the county money. Any such person borrowing or pretending to borrow county money shall be held in all respects to be a holder of county funds. 91A-1221. County tax may be remitted. (a) In all cases where a person has been overtaxed or claims for any reason that taxes should be remitted or refunded, the governing authority of the county may hear and determine such application to the extent of the interest of the county in the matter. (b) In all cases where the county governing authority, pursuant to the provisions of subsection (a), has authorized the tax collector or tax commissioner of the county to credit or refund any overpayment of property tax in cases where the taxpayer has been overtaxed or has claimed that the tax should be credited or refunded, the authorization to the tax collector or tax commissioner of the county shall be authority to credit or refund the proportionate amount of the State and county school tax represented in the overpayment and, in the case of refunds, he shall deduct such amounts from his next distribution to the State and county school boards, respectively. 91A-1222. Payment of taxes where property extends into more than one county. A taxpayer who has a portion of real property extending into more than one county may pay all property taxes due on the property to the tax collector or tax commissioner in the county where the majority of the property is located. Nothing contained in this Section shall change the amount of tax due each county, but this Section shall change only the place of payment and collection. The tax collector or tax commissioner of the county of collection shall transmit to the tax collector or tax commissioner of the other counties the moneys due the other counties and a certificate showing that all taxes due on the property have been paid.

"GA1978.1.401">

CHAPTER 91A-13. COUNTY TAX OFFICIALS AND ADMINISTRATIVE PROVISIONS SUBCHAPTER A TAX RECEIVERS 91A-1301. Election; term of office; commission; vacancy. Tax receivers shall be elected at the time, in the manner, and for the terms of office prescribed in Title 34. They shall be commissioned and qualified as clerks of the superior court are commissioned and qualified in Title 24. Vacancies in the office of tax receiver shall be filled as vacancies in the office of clerks of the superior court are filled. 91A-1302. Oath and bond. Each elected or appointed tax receiver, before entering on the duties of his office, shall take and subscribe to the following oath in addition to the oath required of all civil officers: `I swear that I will truly and faithfully perform the duties of receiver of returns of taxable property, or of persons or things specially taxed in the county to which I am appointed, as required of me by the laws and will before receiving returns carefully examine each, and will to the best of my ability carry out all the requirements made upon me by the tax laws. So help me God.' At the time he takes the oath, the tax receiver shall give bond and security in a sum equal to one-fourth of the amount of the State tax supposed to be due from the county for the year in which he gives bond. No tax receiver shall be required to give a bond exceeding the sum of $10,000. The amount of the bond shall be determined by the Commissioner before being sent out to the several counties. 91A-1303. Bonds recorded where; certain third parties not affected; lien between parties unaffected. (a) In all cases where one or more sureties on the bond of a tax receiver owns real estate in any county other than the county in which the tax receiver holds office, the bond shall be recorded in the book of record of bonds of county officers by the governing authority in the county in which the real estate is situated within 30 days after the execution of the bond. (b) After the bond of the tax receiver has been accepted and recorded in the county in which he holds office, the governing authority of the county shall forward the bond to the governing authority

"GA1978.1.402">

in each county in which any one or more of the sureties owns any real estate. The governing authority to whom the bond is sent shall record the bond in accordance with subsection (a). (c) As against the interests of a third party acting in good faith and without notice, when the third party has acquired a transfer or lien binding the real estate of any surety on the bond of any tax receiver and the real estate is situated in any county other than that in which the tax receiver holds office, no real estate of the surety or sureties shall be bound from the date of the bond, unless the bond has been recorded in such county. When the bond has been recorded after 30 days, the real estate of the surety or sureties on the bond, when the real estate is situated in any county other than that in which the tax receiver holds office, shall be bound only from the date the bond was recorded. (d) Nothing contained in this Section shall be construed to affect the validity or force of the lien of the tax receiver's bond from the date of the bond as between the parties to the bond. (e) The Governor shall give written or printed directions upon the requirements of this Section to the governing authorities of the various counties, as other instructions and directions are given in reference to the bonds of tax receivers. Costs of transmitting and recording said bonds shall be paid as provided by law. 91A-1304. Liability of tax receivers and sureties; when bond may be sued on. (a) Tax receivers and their sureties are liable on their bonds for all penalties or forfeitures they may incur under the law and for all losses, damage, or expense the State may sustain by reason of their conduct. (b) A tax receiver's bond may be sued on only when some emergency makes it necessary. 91A-1305. Duties of tax receivers enumerated. It shall be the duty of the tax receiver to: (a) Receive all tax returns within the time and in the manner prescribed by law.

"GA1978.1.403">

(b) Make out and perfect the three digests plainly, legibly, and neatly in writing and in figures and to properly deposit the digests. (c) Post and maintain a notice showing both the days on which his office is open for the purpose of receiving tax returns and also the office hours of his office. (d) Receive tax returns at any time when a taxpayer applies to give in his returns. (e) Embrace in his digest to the Commissioner, the governing authority of the county, and the tax collector, respectively, a list of: (1) All defaulters. (2) The amount of each defaulter's taxes and the interest and penalties assessed against the defaulter. (3) All property assessed by him which has not been returned. (4) Other special actions taken in conformity with the law. (f) Publish at the door of the courthouse, for 30 days, lists of all the defaulters and the amount of each defaulter's taxes, interest, and penalties. (g) Enter upon the digests deposited with the governing authority of the county the county taxes levied according to law, together with the rate percentage as fixed by the governing authority. (h) Conform to the rules with which he is furnished and obey such orders as may be given by the Commissioner. (i) Enter upon the digest prepared by him an itemization of all properties exempt from taxation along with the owners of the properties and the reason the properties are exempt from taxation. (j) Perform all other duties the law requires and which necessarily under the law appertain to the office of tax receiver.

"GA1978.1.404">

91A-1306. Forms to be furnished to tax receivers and tax commissioners. The Commissioner shall adopt and furnish to each tax receiver and tax commissioner a sufficient number of forms to enable the tax receiver or tax commissioner to take the returns of the taxpayers of his county. The forms shall be designed so as to make the items contained in the forms correspond as nearly as practicable with the items on the digests as furnished to the tax receivers and tax commissioners. 91A-1307. County tax digest; number; when and to whom furnished. The tax receiver or tax commissioner shall make out three legible county tax digests and, when the tax returns have been finally adjusted and fixed as provided by law, he shall furnish one copy of the revised and corrected digest to the Commissioner, one to the county governing authority, and one to the tax collector. 91A-1308. Form and size of digests; binding and labeling. The receivers of tax returns in making the digests shall conform to the forms furnished. Each digest shall be of a uniform size and, when returned, shall be bound and labeled. 91A-1309. Returns; how entered in digests. Land and interests in land, together with the returns of personal estate and other interests the subject of taxation, shall be returned and set down in the digest in separate columns according to the classification furnished the tax receivers and tax commissioners by the Commissioner in each year, and their aggregate value extended. 91A-1310. Tax receivers or tax commissioners to accumulate statistical information. Each tax receiver and tax commissioner shall accumulate statistical information in regard to taxpayers of such nature as they deem to be of benefit to the Commissioner. Nothing contained in this Section shall preclude or prohibit the Commissioner from collecting such information as he deems necessary and beneficial in discharging the official duties of his office. [Code Sections 91A-1311 through 91A-1319 RESERVED]

"GA1978.1.405">

SUBCHAPTER B TAX COLLECTORS 91A-1320. Election; term; commission; vacancy. Tax collectors shall be elected at the time, in the manner, and for the terms of office prescribed in Title 34. They shall be commissioned and qualified as clerks of the superior court are commissioned and qualified in Title 24. Vacancies in the office of tax collector shall be filled as vacancies in the office of such clerks are filled. 91A-1321. Oath of office. Each tax collector, before entering on the duties of his office, shall take and subscribe to the following oath in addition to the oath required of all civil officers: `I,....., tax collector of the county of....., do swear that I will faithfully discharge the duties required of me by law as tax collector, and that I will search out and make a true return of all defaulters, and all taxable property not found on the tax receiver's digest, or not returned according to law, and that I will pay over all taxes collected by me, as required by law. So help me God.' 91A-1322. Duty of incoming tax collector or tax commissioner as to unpaid taxes. Where the tax collector or tax commissioner of any county is succeeded by another, the outgoing tax collector or tax commissioner shall no longer be authorized to collect taxes or enforce executions issued for the collection of taxes. All uncompleted duties in respect to the collection of taxes and enforcement of executions shall pass to the successor tax collector or tax commissioner as provided by Section 91A-1354. 91A-1323. Amount and conditions of bonds. Tax collectors and tax commissioners shall give bond and security for 40 percent of the State tax supposed to be due from the county for the year for which the officer is required to give bond. The amount of bond shall be determined by the Commissioner before being sent out to the county. The tax collector or tax commissioner shall give another bond with sufficient security, payable to the governing authority of the county, conditioned upon the faithful performance of his duties as tax collector or tax commissioner for the collection of the county tax. Each such bond shall be in an amount to be fixed by the county governing authority. In no case shall the bond required of the tax collector or tax commissioner on behalf of the State exceed $50,000 or the bond required on behalf of the county exceed $50,000.

"GA1978.1.406">

91A-1324. Approval of bond for county taxes. Each bond for county taxes as provided in Section 91A-1323 when given must be approved by the governing authority of the county, filed in the governing authority's office, recorded in the book with other official bonds, and in all respects shall be an official bond. 91A-1325. Temporary appointee upon tax collector's or tax commissioner's failure to give satisfactory bond. (a) No tax collector or tax commissioner shall collect any portion of the county tax until the bond required by Section 91A-1323 is given. If a tax collector or tax commissioner fails to give a bond or to give a bond satisfactory to the governing authority of the county, the governing authority may appoint some competent person to collect the county tax. (b) When an appointment is made as provided in subsection (a), the person appointed shall give the same bond as is required of a tax collector or tax commissioner. Each such appointee shall take an oath faithfully to collect and pay over the county tax and in all respects shall have the same privileges, discharge the same duties, and incur the same penalties as the tax collector or tax commissioner would in collecting the county tax. 91A-1326. Bonds recorded; where; certain third parties not affected; lien between parties unaffected. (a) In all cases where one or more sureties on the bond of a tax collector or tax commissioner owns real estate in any county other than the county in which the officer holds office, the bond shall be recorded in the book of record of bonds of county officers by the governing authority of the county in which the real estate is situated within 30 days of the execution of the bond. (b) After the bond of the tax collector or tax commissioner has been accepted and recorded in the county in which he holds office, the governing authority of the county shall forward the bond to the governing authority in each county in which any one or more of the sureties owns any real estate. The governing authority to whom the bond is sent shall record the bond in accordance with subsection (a). (c) As against the interests of a third party acting in good faith and without notice, when the third party has acquired a transfer or lien binding the real estate of any surety on the bond of any tax collector

"GA1978.1.407">

or tax commissioner and the real estate is situated in any county other than that in which the tax collector or tax commissioner holds office, no real estate of the surety or sureties shall be bound from the date of the bond, unless the bond has been recorded in such county. When the bond has been recorded after the 30 days, the real estate of the surety or sureties on the bond, when the real estate is situated in any county other than that in which the tax collector or tax commissioner holds office, shall be bound only from the date the bond was recorded. (d) Nothing contained in this Section shall be construed to affect the validity or force of the lien of any tax collector's or tax commissioner's bond from the date of the bond as between the parties to the bond. (e) The Governor shall give written or printed directions upon the requirements of this Section to the governing authorities of the various counties, as other instructions and directions are given in reference to the bonds of tax collectors or tax commissioners. The costs of transmitting and recording said bonds shall be paid as provided by law. 91A-1327. Liability of tax collectors, tax commissioners, and sureties; when bond may be sued on. (a) Tax collectors, tax commissioners, and their sureties are liable on their bonds for all penalties or forfeitures they may incur under the law and for all losses, damage, or expense the State may sustain by reason of their conduct. (b) A tax collector's or tax commissioner's bond may be sued on only when some emergency makes it necessary. 91A-1328. Duties of tax collectors enumerated. (a) It shall be the duty of the tax collector to: (1) Diligently collect and promptly pay the funds allowed the State by law and the county taxes to the Commissioner and the county treasurer, respectively. (2) Search out and ascertain as far as possible all taxable property not returned to the tax receiver or not found in his digests.

"GA1978.1.408">

(3) Enter all defaults in a book kept for that purpose; assess and collect thereon all interests and penalties as provided by law and pay the same over to the Commissioner and county treasurer, respectively, after deducting single commissions; and deposit the book with the Commissioner, and a copy with the governing authority of the county, before the day of final settlement. (4) Have his insolvent lists allowed in the manner provided by law before final settlement with the Commissioner. (5) Post and maintain a notice showing both the days on which his office is open for the purpose of collecting taxes and also the office hours of his office. (6) Publish at the door of the courthouse, for 30 days, his insolvent lists including, but not limited to, the taxes of each person on the insolvent list. (7) (A) Pay the tax receiver his commissions, upon the production of the Commissioner's receipt for his digest, with a specification therein of the amount of commissions to which he is entitled, and not otherwise; and (B) Produce the tax receiver's receipts, with his receipts thereon, to the Commissioner, before he shall be allowed credits for such commissions. (8) Conform to such rules as may be furnished and obey such orders as may be given by the Commissioner. (9) (A) Issue executions against all tax defaulters and insolvents who are residents of the county in which the tax collector holds office, for each year preceding and including the years for which he is elected; (B) Collect the tax due from defaulters; and (C) Pay over the tax collected from defaulters to the proper authorities. (10) Keep a permanent qualification or voters' book and make up the registration lists, as provided by Code Chapter 346.

"GA1978.1.409">

(11) Perform all other duties that the law requires and which necessarily under the law appertain to the office of tax collector. (12) In all counties having a population of not less than 145,000 and not more than 165,000, according to the census, the tax collector or tax commissioner shall collect all county school taxes levied under the authority of Article VIII, Section VII, Paragraph I of the Constitution and remit all school taxes collected to the board of education of his respective county once each month. Each such tax collector or tax commissioner shall be entitled to a commission of two and one-half percent for collecting the school taxes. In any such county where the tax collector or tax commissioner is on a salary basis the fees provided in this paragraph shall be collected by the tax collector or tax commissioner and paid over to the proper fiscal authority of the county. (b) With respect to counties having a population of not less than 400,000 and not more than 500,000, according to the census, the tax collector or tax commissioner, and his agents, servants, and employees, shall not be obligated to furnish a written receipt for the payment of any tax or license fee to any taxpayer or person making the payment when the payment is paid by check, money order, or other instrument payable or endorsed to bearer or payee or endorsee, except when the taxpayer or person making such payment on behalf of the taxpayer demands the receipt. 91A-1329. Insolvent list allowed by whom. The insolvent lists of a tax collector or tax commissioner shall be allowed only by the county governing authority, upon a return of the tax execution with entry by the proper legal officer of `no property.' 91A-1330. Lists; allowed how. The county governing authority, if it has reason from any cause to suspect the return of the returning officer to be incorrect in any particular, shall cause the execution to be sent out again for collection. Before he allows any insolvent list, the officer in whose hands the tax fi. fas. have been placed for collection shall make oath that he has made every effort in his power to collect the fi. fas., and that he verily believes the taxpayers on that list have no property out of which the tax can be collected.

"GA1978.1.410">

91A-1331. On what tax allowed. In making out the insolvent list, the county governing authority shall state how much is allowed the collector on account of the State tax and how much is allowed on the county tax and shall furnish the Commissioner an alphabetical list of the names of insolvent taxpayers, the militia district in which each resides, and the amount of each fi. fa. 91A-1332. County governing authority to retain copy of list; collection of executions. When the tax collector or tax commissioner has his insolvent list credited, it shall be the duty of the county governing authority allowing the list to retain a copy of the list and return the executions to the tax collector, who shall cause them to be placed in the hands of some levying officer for collection, to be levied and sales under the executions to be made in accordance with the regulations governing sales under executions issued upon common-law judgments. The levying officer shall be entitled to the same fees as he is entitled to for other executions, plus two and onehalf percent. After deducting the commission, the balance shall be paid by the levying officer to the tax collector or tax commissioner, who shall transmit the county's taxes to the county treasury and the State's taxes to the Fiscal Division. 91A-1333. Disposition of insolvent list. When insolvent lists are allowed, they shall be entered on the minutes, and the county governing authority shall furnish the collector certified copies of the lists, stating in the certificates when and by what tribunal allowed. 91A-1334. When tax collectors and tax commissioners not credited with insolvent lists. Tax collectors and tax commissioners, under any circumstances, shall not be allowed or credited with insolvent lists after executions are issued against them for taxes, until they go to the Commissioner and settle fairly and fully with him. 91A-1335. When time shall be granted to tax receivers, collectors, and commissioners. The time by which digests shall be completed, the taxes paid, and penalties incurred shall not apply in the case of tax receivers, collectors, and commissioners who have not been in office long enough to complete the work by the time specified. In all such cases, the officer shall comply with the requirements of the Commissioner.

"GA1978.1.411">

91A-1336. Collector or tax commissioner to make a schedule of defaulters. The tax collector or tax commissioner shall diligently search out defaulters and property in his county as may not be returned by the tax receiver and shall ascertain and enter in a book, to be kept by him for that purpose, the names of the defaulters and the amount of taxable property in default, setting forth in all cases the real value of the property, and to collect the taxes on the property as provided for the collection of other taxes. One copy of the schedule of defaulters shall be furnished by the tax collector or tax commissioner to the Commissioner, at the time of his final settlement with that officer, and another to the tax receiver, who shall correct his digest accordingly. 91A-1337. Ex officio sheriffs for certain purposes. (a) Tax collectors and tax commissioners, upon the written consent of the sheriff of the county involved, may be ex officio sheriffs insofar as to enable them to collect the taxes due the State and county by levy and sale under tax execution. Tax collectors or tax commissioners acting as ex officio sheriffs as provided in this Section shall not be allowed to turn over any tax execution to the sheriffs or to any other levying officials of the State, except when it becomes necessary for the purpose of enforcing the execution to send the execution to any other county than that in which the execution was issued. Each tax collector or tax commissioner, by virtue of his office, shall have full power and authority to levy all tax executions issued by him as effectively as if done by the sheriffs of the counties. (b) Each tax collector or tax commissioner when acting as an ex officio sheriff shall have full power to bring property to sale for the purpose of collecting taxes due the State and county. Additionally, he shall have all the powers vested in sheriffs for the advertisement of the property for sale, for the sale of the property, and for the making and delivery of all due and proper conveyances and bills of sale. All sales made by a tax collector or tax commissioner acting as an ex officio sheriff shall be valid and shall carry the title to property sold as fully and completely as if made by the sheriff of the county. (c) All acts done and performed by tax collectors or tax commissioners by virtue of this Section shall be done in conformity with the law in force governing the performance of the act done. All advertisements of property to be sold by a tax collector or tax commissioner

"GA1978.1.412">

acting as an ex officio sheriff, when the advertisements are required by law to be published in a newspaper, shall be made in the newspaper in which the sheriff's advertisements are published. (d) Tax collectors or tax commissioners in carrying out the provisions of this Section shall have power and authority to appoint one or more deputies with all the powers of the tax collectors or tax commissioners while acting as ex officio sheriffs in the levy and collection of taxes. Each such deputy shall be required to give bond as may be required by the tax collectors or tax commissioners under the law. Each tax collector or tax commissioner shall be responsible for the acts of the deputy or deputies in the same manner and to the same degree as sheriffs are liable for the acts of their deputies. (e) This Section is supplemental to and cumulative of any general law of local application providing for tax collectors or tax commissioners to be ex officio sheriffs for the purposes provided in this Section, and not in lieu of any such law, to the extent that any such law conflicts with the provisions of this Section. (f) With respect to a tax collector or tax commissioner, or his deputy, acting pursuant to this Section in the county in which he holds office, the requirement of written consent of the sheriff shall not apply in counties within the following population brackets according to the census: (1) Not less than 300,000 and not more than 500,000. (2) Not less than 175,000 and not more than 195,000. (3) Not less than 13,635 and not more than 14,765. (4) Not less than 12,000 and not more than 12,200. 91A-1338. Tax collectors required to keep cash book; disbursements; audit. (a) Each tax collector and tax commissioner shall keep a record in the form of a cash book, in which he shall record all items of cash collected for taxes, the date collected, the amount collected, and the name of the person for whose taxes the cash was collected. All of such items, amounts, entries, and dates shall be entered on the debit side upon the lines and in the columns designated in the record book. The entries required to be made by this

"GA1978.1.413">

subsection shall be entered on the book kept for such purpose within 15 days after payment of taxes is received. (b) Each tax collector and tax commissioner shall record in the cash book all items of cash paid out by them to the authorities of the State or counties, designating whether to the State or the counties, and to whom paid for either the State or county, the date each amount was paid, and the amount paid. All of such items, amounts, entries, and dates shall be entered on the credit side in the lines and the columns designated in the record book. (c) The tax collector or tax commissioner shall present the record book to the governing authority of the county at the times prescribed by law for making his report to the governing authority so as to permit checking and auditing of the book, to have the indorsement of the name and authority of the auditing official entered in the book, and to have the date of the entry noted. The checking, auditing, and signature of the governing authority auditing official in the record book shall at no time be construed as, nor is it intended to be, a binding or final settlement with the tax collector or tax commissioner. Each such check, audit, and signature shall be evidence only that he has reported to the county governing authority as required by law and that the report checks, and is in accord with, the record book that the tax collector or tax commissioner is required to keep. (d) The tax collector or tax commissioner shall make up and balance annually the record book and shall file the record book in the office of the governing authority of the county not later than July 1 in each year. The record shall be preserved by the governing authority as a permanent record in the governing authority's office. The record book or a transcript of the record book, when properly authenticated, shall be admitted in evidence in courts of this State as evidence of the payment of taxes. The Commissioner at the expense of the State shall furnish the tax collectors and tax commissioners the book required pursuant to this Section. 91A-1339. Tax collectors to make account of actions to the governing authority of county; failure to account; suspension; appointment of successor. (a) It shall be the duty of the governing authority of the county to compel the tax collector or tax commissioner of the county to come before it at such times as may be designated

"GA1978.1.414">

by the governing authority, not less than twice in each year, to render an account of his official actions respecting the county tax and funds and to make a full and complete exhibit of his books, vouchers, accounts, and all things pertaining to his office. (b) (1) The failure or refusal of any tax collector or tax commissioner to render the account and make the showing provided for by subsection (a) after being notified by the governing authority of the county shall constitute malpractice in office. Conviction for such malpractice shall subject the offender to removal from office. (2) Pending the continuance of the failure or refusal of the tax collector or tax commissioner to render the account and make the showing after the notice by the governing authority, the governing authority shall suspend the tax collector or tax commissioner from duty and shall appoint some competent person in his stead to collect the county tax pending such suspension and until the question of removal can be passed upon and decided by the proper tribunal. Proper bonds shall be taken from the person so appointed as provided by law. (3) The power given by this Section to inquire into the affairs of the tax collector or tax commissioner of the county and to suspend him from office in certain cases shall in no way affect the tax collector's or tax commissioner's own liability or that of the sureties of his official bond. 91A-1340. Settlements of amounts due counties. (a) Each tax collector or tax commissioner shall pay over, from time to time, the county taxes including, but not limited to, any interest, penalties, or other amounts due the county to the proper county officers, as required by law, as soon as there is collected $3,000. If any such officer fails to collect $3,000 during any week, he shall then pay over on Saturday all he has collected during the week. (b) Tax collectors, tax commissioners, sheriffs, and constables in counties having population of less than 30,000 shall each pay over, from time to time, the county taxes to the proper officers, as required by law, as soon as $5,000 has been collected. If any such officer fails to collect $5,000 during any two weeks, he shall then pay over on Saturday all he has collected during the prior two

"GA1978.1.415">

weeks, together with a list of the taxpayers, and the amounts paid by them, during the period. 91A-1341. Weekly report by tax collector or tax commissioner. (a) The tax collector or tax commissioner in each county having a population of 30,000 or more shall make a weekly report to the governing authority of the county of the aggregate amount of taxes collected for the State and the amount collected for the county and shall swear that the report is a correct report of the taxes collected. (b) The tax collector or tax commissioner in each county having a population of less than 30,000 shall make a report every two weeks to the county governing authority of the aggregate amount of taxes collected during the two-week period. Each such report shall separately specify the amount collected for the State and the amount collected for the county. The tax collector or tax commissioner shall swear that the report is a correct report of the taxes collected. 91A-1342. Monthly remittances of State taxes to the Commissioner. (a) Except as provided by subsection (b), the tax collector or tax commissioner of each county shall pay over to the Commissioner at least once a month all State taxes which he has collected. Each monthly payment shall be made on or before the 15th day of each calendar month. (b) A tax collector or tax commissioner may pay over such State taxes on a more frequent basis than once a month when he so desires. 91A-1343. Forms to be furnished by Commissioner. The Commissioner shall have prepared and furnish the several tax collectors and tax commissioners with suitable forms on which to make their reports. 91A-1344. Neglect of duty, effect. If any tax collector or tax commissioner fails or refuses to make payment, if he makes a false return, or if he fails or refuses to file the report as required, it shall be the duty of the Commissioner, or the governing authority of the county, to report the facts to the Governor. The Governor shall cause a notice of the failure, refusal, or making of a false return of any such report to him to be served on the tax collector or tax commissioner,

"GA1978.1.416">

calling on him to show cause why he should not be removed from office. If the tax collector or tax commissioner fails to make a proper excuse within 10 days, it shall be the duty of the Governor to remove the offending official. 91A-1345. Tax collector's or tax commissioner's negligence no excuse for taxpayer's default. Failure of the tax collector or tax commissioner to advertise or fill his appointments shall excuse no person for not paying his taxes as required by law. 91A-1346. Tax collector or tax commissioner not to collect until digest filed. If any tax collector or tax commissioner collects or attempts to collect any taxes before the tax receiver has completed and transmitted his digest to the Commissioner, unless specially so ordered by the Commissioner or allowed by special enactment, he shall forfeit to the State double the amount so collected or attempted to be collected. Each such forfeiture shall be collected by execution issued by the Commissioner. 91A-1347. Receipt of checks or money orders by tax commissioner or tax collector; liability for unpaid checks; penalty. (a) No tax commissioner or tax collector shall be personally liable for unpaid checks or money orders received in payment of taxes and license fees when: (1) The governing authority of the county of the tax commissioner or tax collector has authorized the receipt of personal, company, certified, treasurer's, or cashier's checks, or bank, postal, or express money orders in payment of taxes and license fees; (2) The tax commissioner or tax collector has received such checks or money orders to the extent and under the conditions prescribed by the governing authority; (3) The tax commissioner or tax collector has made of the taxpayer on whose account such unpaid check or money order was tendered written demand for payment within 30 days after the notification of the tax commissioner or tax collector of the dishonor of the check or money order, such demand to be sent by certified mail to the taxpayer's last address as it appears on the latest records of the tax commissioner or tax collector; and

"GA1978.1.417">

(4) In all cases where payment is not received within 20 days after the mailing of the demand specified in paragraph (3), the tax commissioner or tax collector has initiated, within 40 days after such mailing, at least one of the rights and remedies allowed him by law for the enforcement of the collection and payment of taxes and license fees. (b) A check or money order, when authorized, shall be deemed to be payment as of the time it is tendered and received by the tax commissioner or tax collector, provided the check or money order is duly paid upon presentation to the drawee. The time of receipt as shown by the records of the tax commissioner or tax collector shall be prima facie correct as to the time of actual receipt. (c) If a check or money order so received is not duly paid, the person on whose account the check or money order was tendered shall remain liable for the payment of the tax or license fee, and for all legal penalties and additions, to the same extent as if the check or money order had not been tendered. Delay in the presentation of a check or money order for payment shall not absolve this liability. (d) If any certified check, treasurer's check, cashier's check, or money order so received is not duly paid, the tax commissioner or tax collector, in addition to the right to exact payment from the party originally obligated for the payment, shall have a lien for the amount of the check or money order upon all assets of the bank or trust company on which drawn, or for the amount of the money order upon all the assets of the issuer of the money. The amount of any such lien shall be paid out of the assets of the bank, trust company, or issuer in preference to any other claims whatsoever against the banker, trust company, or issuer. (e) If any check or money order tendered to the tax commissioner or tax collector in payment of any tax or license fee is not duly paid when presented to the drawee or issuer for payment, in addition to any other penalties provided by law, there shall be paid as a penalty by the person who tendered the check or money order, upon notice and demand of the tax commissioner or tax collector, in the same manner as tax, an amount equal to one percent of the amount of the check or order except that, if the amount of the check or order is less than $500, the penalty under this Section shall be the lesser of $5 or the amount of the check or order. This subsection

"GA1978.1.418">

shall not apply if the person who tendered the check or order shows to the satisfaction of the tax commissioner or tax collector that the check was tendered in good faith and with reasonable cause to believe it would be duly paid. 91A-1348. Use of lock box system. The governing authority of each county, municipality, and other political subdivision of the State may enter into a contract for a lock box system with any bank in this State to have the bank receive, process, and deposit mailed tax returns and payments. 91A-1349. Interest and settlements; rate of interest; record of interest. (a) (1) Except as provided in this Section, taxes due the State or any county remaining unpaid on December 20 in each year shall bear interest at the highest rate provided by law per annum from December 20 and each tax collector and tax commissioner shall collect the interest on unpaid taxes and account for such interest in his final settlement. (2) The minimum interest payment on unpaid taxes shall be $1. (3) After notices of taxes due are mailed out, each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before the taxes shall bear interest as provided in this Section. The provisions of this paragraph shall not apply in those counties in which a lesser time has been provided by law. (b) Each tax collector and tax commissioner shall keep a record showing the amount of interest collected from the delinquent or defaulting taxpayers, the date upon which the taxes and interest were collected, and the name of the person from whom the tax and interest were collected. (c) Any provision of law (except Section 91A-2203) to the contrary notwithstanding, in each county having a population of not less than 66,000 and not more than 73,000, according to the census, all ad valorem taxes due the county and the State remaining unpaid on November 20 of each year shall bear interest at the highest legal rate provided by law from said date. The local tax officials,

"GA1978.1.419">

on November 20 of each year, shall issue executions against each delinquent or defaulting taxpayer in their respective counties and shall otherwise comply with the provisions of Code Section 91A-1361 (a). 91A-1350. Report of unpaid taxes; settlement period. (a) On December 20 in each year each tax collector and tax commissioner shall furnish to the Commissioner and to the governing authority of his county a report showing the amount of State taxes and the amount of county taxes remaining unpaid on the tax digest and, every 30 days thereafter until a final settlement is made with both the State and county, shall furnish to the Commissioner and the governing authority a report showing the amount of State tax collected and the amount of county taxes collected from December 20 to the date of rendering the report. Each such report shall show also the amount of interest collected from the delinquent or defaulting taxpayers. (b) Each tax collector and tax commissioner shall make final settlements with both the State and county within four months from December 20 of the year in which taxes become due, unless the time for such settlement is extended by the Commissioner as authorized by Section 91A-1351. Upon failure of any tax collector or tax commissioner to make final settlement within the time provided in this subsection, the tax collector or tax commissioner shall forfeit one-fourth of his commissions unless some good and sufficient reason rendering the making of the final settlement impossible is given. 91A-1351. Reports of tax collectors and tax commissioners; time; citations for default; approval. Annually on or before April 20, unless the time is extended by the Commissioner for cause which the Commissioner deems sufficient, each tax collector and tax commissioner shall make and file an accounting with the Commissioner as to State taxes, and with the governing authority of his county as to county taxes, for the preceding year, in which the accounts of the tax collector or tax commissioner shall be fully stated, and uncollected items on the digest of such preceding year shall be listed in detail. The tax collector or tax commissioner shall set opposite each item the reason why the item has not been collected and the name of the officer in whose hands the tax execution is or, if no execution has been issued, the reason why it has not been issued, and such further information as the Commissioner or the county governing authority,

"GA1978.1.420">

as the case may be, shall require. If the Commissioner or the county governing authority finds that all collections made to the date of the accounting have been properly accounted for by the tax collector or tax commissioner, an order to that effect shall be entered by the Commissioner or the county governing authority. If it appears that there is any default in accounting for collections made, the tax collector or tax commissioner, and his sureties, shall be promptly cited, as provided for by law, to make good the default. The Commissioner and the county governing authority shall have the jurisdiction and power to correct all errors in the digests, to order abatement or cancellation of taxes erroneously assessed, and to make other adjustments in the digests of similar nature and to reflect the same in the account as stated. As to uncollected items not relieved against, in the manner stated, the Commissioner or the county governing authority, as the case may be, shall proceed to ascertain whether failure to collect the item or any part of the item has been due to negligence or bad faith on the part of the tax collector or tax commissioner. If the Commissioner or the county governing authority is of the opinion that there is sufficient evidence of negligence or bad faith to justify a citation as for a default, a citation shall be ordered against the tax collector or tax commissioner, and his sureties. Otherwise, and unless a default in properly accounting for collections made appears, the accounts of the tax collector or tax commissioner shall be approved. If an account is disapproved in part, if there are uncollected items as to the failure of collection of which no negligence or bad faith on the part of the tax collector or tax commissioner appears, the Commissioner or county governing authority shall approve as to them and in detail shall state in what part the account is approved, and in what part and for what reasons the account is not approved. An approved account or approved part of an account shall be prima facie conclusive, as of the date of the approval, of its correctness and, unless its correctness is challenged in some citation or in some action in law or in equity brought within two years from the date of the approval, shall be absolutely conclusive of the correctness of the account or the approved parts of the account, as of the date of the approval. 91A-1352. Removal of tax collector or tax commissioner failing to account or defaulting; citation. If the tax collector or tax commissioner fails to submit his account for settlement by April 20 or within such further time, not exceeding four months, as is allowed by the Commissioner or, if on examination of the account, defaults

"GA1978.1.421">

are ascertained which are not promptly cured by the tax collector or tax commissioner, the Commissioner or the county governing authority shall report the same to the Governor who, after giving the tax collector or tax commissioner opportunity to be heard (unless the tax collector or tax commissioner absconds or absents himself from the State or otherwise cannot be given notice) shall have the power to suspend him or remove him from office; and the Commissioner and the county governing authority shall proceed to cite the delinquent tax collector or tax commissioner, and his surety. 91A-1353. Surety's right to demand release; office vacated by failure to provide new bond; liability of new surety. The surety on the bond of the tax collector or tax commissioner shall also have the right to report the failure to account for the default alleged by the Commissioner or the county governing authority to the Governor and to demand a release from future liability on the bond of the tax collector or tax commissioner. The Governor, upon such demand, shall order the tax collector or tax commissioner to make a new bond or bonds within a time to be set, not exceeding 30 days. Upon the tax collector's or tax commissioner's default in so doing, the Governor shall declare the officer removed and the office vacant. Upon the office being declared vacant, or upon the new bond being given, the moving surety shall be discharged from all future liability. Unless the Governor requires that the sureties on the new bond shall assume concurrent liability with the sureties on the old bond, the sureties on the new bond shall be liable only for future defaults and the sureties on the old for the preexisting defaults. 91A-1354. Uncompleted duties of outgoing tax collector or tax commissioner, etc; liability of collector, commissioner, and surety. In case a tax collector or tax commissioner has been succeeded in office by another person, a list of the uncollected items of tax appearing in the account of the outgoing tax collector or tax commissioner at the time of the accounting as stated above shall be furnished by the Commissioner or the county governing authority to the tax collector or tax commissioner then in office. It shall then be the duty of the tax collector or tax commissioner then in office, as the taxes are collected, to pay to the outgoing tax collector or tax commissioner one-half of the commissions and to retain for his services one-half, the commissions to be calculated as if the amounts had been collected by the outgoing tax collector or tax commissioner. The outgoing tax collector or tax commissioner shall no

"GA1978.1.422">

longer have the right or the duty to collect the taxes or to enforce the executions issued for the taxes, but all uncompleted duties in respect of the enforcement and collection of the taxes shall pass to the successor. The outgoing tax collector or tax commissioner, and his sureties or his bond, shall be discharged, upon his delivery to his successor of such books and papers in his office as relate to the uncollected taxes, except for defaults existing prior to that time. 91A-1355. Tax collector, tax commissioner, or surety subrogated to rights of county, etc.; when. If a tax collector, tax commissioner, or his sureties are held liable on proceedings by citation, or on appeal, or in any other form of action at law or in equity, for having failed by reason of his negligence or bad faith to collect any taxes, the tax collector or tax commissioner, or his surety paying off any liability thus established shall be entitled to have the tax execution or executions transferred to him. If such execution or executions relate both to State and county taxes, the Commissioner and the county governing authority, and either or both of them, may make the transfer as to both State and county taxes and any other tax included in the execution. As to such taxes, the tax collector, tax commissioner, or his surety paying the judgment, order, or decree fixing liability for the taxes shall be subrogated to all the rights of the State, county, and other public body for whose benefit the tax was levied. 91A-1356. When tax collector, tax commissioner, and surety are not liable. Neither a tax collector, tax commissioner, or his surety shall be liable for failure to collect any State or county or other taxes from delinquent taxpayers if he or his surety shall make it appear that: (a) By reason of the insolvency of the taxpayer, the tax collector or tax commissioner could not by ordinary care and diligence collect the tax. (b) The tax collector or tax commissioner with ordinary diligence issued execution and placed it in the hands of the sheriff or other officer having power to levy the execution, and that failure to realize the money on the execution was due to no fault of the tax collector or tax commissioner.

"GA1978.1.423">

(c) This failure to collect the taxes promptly was due to obedience to instructions from the Commissioner as to State taxes, or of the county governing authority as to county taxes. (d) He was prevented from the collection of the taxes by legal proceedings. 91A-1357. Alternative provisions for interest and settlements; rate of interest; reports; record of interest; final settlements. (a) The governing authority of the county with the approval of the tax collector or tax commissioner may provide by resolution that all taxes due the State or the county remaining unpaid on November 15 in each year shall bear interest at nine percent per annum from November 15. The tax collector or tax commissioner shall collect the interest on such unpaid taxes and account for same in his final settlement. (b) On November 15 in each year in the counties in which the governing authority with the approval of the tax collector or tax commissioner has changed to November 15 the date on which State and county taxes are due, the tax collector or tax commissioner shall furnish to the Commissioner and to the governing authority of the county a report showing the amount of State taxes and the amount of county taxes remaining unpaid on the tax digest. Every 30 days thereafter until a final settlement is made with both the State and county, the tax collector or tax commissioner shall furnish to the Commissioner and the governing authority of the county a report showing the amount of State taxes collected and the amount of county taxes collected after November 15 to the date of rendering the report. Each such report shall show also the amount of interest collected from delinquent or defaulting taxpayers. (c) Each tax collector and tax commissioner in counties in which the governing authority with the approval of the tax collector or tax commissioner has changed to November 15 the date on which State and county taxes are due shall make final settlements with both the State and county within four months after November 15 of the year in which the taxes become due, unless the time for such settlement is extended by the Commissioner as authorized by Section 91A-1351. Upon failure of any tax collector or tax commissioner to make final settlement within the time provided in this subsection, the tax collector or tax commissioner shall forfeit one-quarter of his

"GA1978.1.424">

commissions unless some good and sufficient reason rendering the making of such final settlement impossible is given. 91A-1358. Interest payments by tax collectors and tax commissioners. All interest collected by tax collectors and tax commissioners shall be paid by them to the State and county at the time and in the manner that taxes are required to be paid. 91A-1359. Failure to collect interest and make reports and settlements; malpractice; penalty. The failure or refusal of any tax collector or tax commissioner to carry out any of the provisions contained in Sections 91A-1349, 91A-1350, 91A-1357, or 91A-1358 shall constitute malpractice in office. A conviction for such malpractice shall subject the offender to removal from office. 91A-1360. Duty to keep stub book of tax receipts. Each tax collector and tax commissioner shall keep a stub book of tax receipts and shall enter on the receipt and the stub attached to the record the name of each taxpayer in his county and the amount of taxes assessed against him. Additionally, he shall itemize each entry by stating the amounts due the State and the county. 91A-1361. Executions to issue December 20 of each year; receipt to be attached; duty of officer; submission of docket to grand jury. (a) Each tax collector and tax commissioner shall keep an execution docket. On December 20 in each year, unless further time is allowed as provided by law, he shall issue execution against each delinquent or defaulting taxpayer in his county and enter the names of delinquent or defaulting taxpayers on the docket together with an itemized statement of the taxes covered by the execution. (b) When executions have been issued, it shall be the duty of the officer issuing the execution to clip from the stub the unsigned receipt of the taxpayer and to attach the unsigned receipt to the execution issued. He shall then place the execution in the hands of some officer authorized by law to collect the execution and make an entry on his execution docket of the name of the officer and the date of delivery. (c) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detach

"GA1978.1.425">

from the execution the tax receipt and enter on the receipt the amount collected including, but not limited to, all costs and commissions. He shall also make a similar entry on the execution, the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office. (d) Each tax collector and tax commissioner shall submit his respective execution docket and cash book to the grand jury at the spring term of the superior court of his county. It shall be the duty of the grand jury to thoroughly inspect the docket and book and to report on them by general or special presentment. 91A-1362. Penalties. For a violation of any of the provisions of Section 91A-1360 or 91A-1361 (a), the tax collector or tax commissioner so violating shall forfeit all or such part of his commissions as the grand jury of the county shall recommend. If the tax collector or tax commissioner fails to pay over the penalty imposed, it shall be enforced against the tax collector or tax commissioner, and his securities, by the Commissioner as provided by law against defaulting tax collectors with 20 percent penalty of the amount added to the penalty set by the grand jury. [Code Sections 91A-1363 through 91A-1369 RESERVED] SUBCHAPTER C COMPENSATION 91A-1370. Commissions enumerated; to what commissions apply. (a) The commissions to be allowed to each tax receiver and tax collector of State and county taxes shall be: (1) On all net digests up to and including $6,000 6 percent. (2) Over $6,000 and not exceeding $14,000 5 percent. (3) Over $14,000 and not exceeding $24,000 4 percent. (4) Over $24,000 and not exceeding $36,000 3 percent. (5) Over $36,000 and not exceeding $52,000 2 1/2 percent. (6) Over $52,000 and not exceeding $76,000 2 percent. (7) Over $76,000 1 3/4 percent.

"GA1978.1.426">

(b) The provisions of subsection (a) shall not apply to any county where the tax collector or tax receiver or tax commissioner is on a salary basis only. (c) (1) Except as otherwise provided in this subsection and as far as tax collectors and tax commissioners are concerned, the rates and schedules prescribed by subsection (a) shall apply upon the first 90 percent of the ad valorem net digests collected by the tax collector or tax commissioner. On all taxes collected in excess of 90 percent of the total of taxes due according to the tax net digest, the tax collector's or tax commissioner's commission shall be for such taxes 10 percent of all such collections, irrespective of the schedule and rates in subsection (a). (2) The governing authority of the county may provide by appropriate resolution that the tax collector's or tax commissioner's commission shall be 10 percent of all taxes collected in excess of 80 percent of the total taxes due according to the net tax digest. (3) Except as otherwise provided in this paragraph, the tax collector or tax commissioner shall be entitled to and shall receive such commissions as provided in this subsection even though he is paid on a salary basis. In those counties where the tax collector or tax commissioner is paid on a salary basis and his salary is $8,000 or more per annum, the tax collector or tax commissioner shall not be entitled to the commissions provided for in this subsection unless the local Act placing the tax collector or tax commissioner on a salary, or an amendment of such Act, specifically provides that the tax collector or tax commissioner

"GA1978.1.427">

shall receive such commissions, in which event the tax collector or tax commissioner shall be entitled to receive the commissions as provided for in this subsection. If such Act does not so specifically provide, such commissions shall be county funds and shall not be received by the tax collector or tax commissioner. (d) In all counties of this State having a population of not less than 90,000 or more than 140,000, according to the census, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis. (e) The tax commissioner of each county having a population of not less than 10,000 and not more than 10,200, according to the census, shall be entitled to retain as compensation that part of the fee collected for the sale of a motor vehicle license and tag which would otherwise be turned in to the county treasury on a monthly basis to be made a part of the general funds and to retain as compensation that part of the fee collected for the transfer of a motor vehicle license and tag, which part would otherwise be turned in to the county treasury on a monthly basis to be made a part of the general funds. 91A-1371. Default and insolvent list. In arriving at the net amount of the digest, the default list shall be deducted for the tax receivers, and the insolvent list for the tax collectors. 91A-1372. Payment of commissions to tax receiver. The tax collector shall pay to the tax receiver his commissions due by the State and by the county, but only upon the production of the Commissioner's receipt for his net digest and only with a specification in the digest of the amount of commissions to which he is entitled. The tax collector shall produce the tax receiver's receipts, with his receipts thereon to the Commissioner, before the tax collector is allowed credits for such commissions. 91A-1373. Minimum salaries of tax collectors and tax commissioners; not applicable to tax collectors and tax commissioners on fee system; effect on local legislation. (a) Nothing contained in this

"GA1978.1.428">

Section shall apply to any tax commissioner or tax collector who is compensated by the fee system of compensation in lieu of a fixed salary. (b) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner in each county of the State who is compensated by an annual salary shall be fixed according to the population of the county in which he serves as determined by the census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Population Minimum Salary (1) 0 - 2,999 $5,000. (2) 3,000 - 5,999 8,000. (3) 6,000 - 8,999 9,000. (4) 9,000 - 11,999 10,000. (5) 12,000 - 19,999 11,000. (6) 20,000 - 29,999 12,000. (7) 30,000 - 39,999 13,000. (8) 40,000 - 49,999 14,500. (9) 50,000 - 99,999 17,000. (10) 100,000 - 199,999 19,500. (11) 200,000 - 599,999 20,800. (12) 600,000 - up 25,000. (c) In any county in which more than 50 percent of the population of the county, according to the census, resides on property of the United States Government which is exempt from taxation by this State, the population of the county for the purpose of subsection (b) shall be deemed to be the total population of the county minus the population of such county which resides on the property of the United States Government. (d) The provisions of any local acts in effect on, or enacted subsequent to, January 1, 1980, which deal with the compensation of the various tax collectors or tax commissioners shall remain of full force and effect, except in those instances where such local acts provide for a salary which is less than the minimum salary provided for in subsection (b), in which event the provisions of this Section shall prevail.

"GA1978.1.429">

(e) The provisions of this Section shall not be construed so as to place any tax collector or tax commissioner who is on the fee system of compensation on January 1, 1980, on a salary system of compensation. Any such officer who is compensated under the fee system of compensation on January 1, 1980, shall continue to be compensated pursuant to the fee system of compensation until the General Assembly abolishes as by local Act the fee system of compensation for such officer and places him upon an annual salary equal to or greater than the minimum annual salary provided for in this Section. (f) No tax collector's or tax commissioner's salary shall be increased during his present term. [Code Sections 91A-1374 through 91A-1379 RESERVED] SUBCHAPTER D DELINQUENT TAX OFFICIALS 91A-1380. Penalty for incomplete or improper digest. (a) If a tax receiver or tax commissioner fails to have his digest completed and deposited by August 1 in each year, unless excused by the terms of the law or by the Commissioner, he shall forfeit one-tenth of his commissions for each week's delay. If the delay extends beyond 30 days, he shall forfeit one-half of his commission. If the delay extends beyond the time when the Governor and Commissioner fix the rate percentage, he shall forfeit all his commissions. (b) If a tax receiver or tax commissioner fails to make out his digest in the manner prescribed by law or fails to comply with the directions given him by the Commissioner in making out his digest, he shall forfeit one-half his commissions. (c) If the digest is made out so badly as not to answer the purpose of the tax laws, the tax receiver or tax commissioner shall forfeit all his commissions and shall be removed from office by the governing authority of the county on the request of the Commissioner. 91A-1381. Indebtedness to State; process to issue. The Commissioner may issue execution or other legal process against a tax receiver, tax collector, or tax commissioner when or if the tax receiver, tax collector, or tax commissioner:

"GA1978.1.430">

(a) Receives commissions which he is not entitled to receive or retain. (b) Becomes possessed in any other manner of any money belonging to the State. (c) Incurs any liability to the State. 91A-1382. Making false return; liability for deceiving taxpayer. (a) If a tax receiver or tax commissioner makes a false entry of a return in either of his digests, expressing more than is returned, he shall forfeit to the aggrieved party, in all cases, $100. If the amount out of which the party is defrauded by such entry is more than $100, then he shall forfeit to the aggrieved party $10 for every $1 over $100. (b) If by any device any tax receiver or tax commissioner intentionally causes the taxpayer to pay more than his lawful tax, the provisions of this Section shall apply. 91A-1383. Commissioner to issue executions against tax collector or tax commissioner and sureties on default. If any tax collector or tax commissioner fails to settle his accounts with the Commissioner in terms of the law, he shall issue execution against the tax collector or tax commissioner and his sureties for the principal amount, with interest at the rate of 20 percent per annum on said amount. If upon a final settlement it appears that the tax collector or tax commissioner was entitled to credits at the time he is required by law to settle, the Commissioner may allow the credits and charge interest only on the amount for which the tax collector or tax commissioner is in default, together with all the costs and attorney's fees incurred by reason of the issuance of the execution. 91A-1384. Affidavit of illegality to execution against tax collector and sureties; damages for delay; appeal. (a) Whenever the Commissioner issues an execution against any defaulting tax collector or tax commissioner and the sureties on his official bond, as set forth in Section 91A-1383, the tax collector, tax commissioner, or any surety on his bond, at any time after the issuance of said execution and before a sale thereunder, may file an affidavit of illegality to the execution. The affidavit shall state any matters of defense which would be available in denial of either the alleged default or the amount of

"GA1978.1.431">

the default as stated in the execution and shall be returned to be tried in and disposed of by the superior court of the county in which the tax collector or tax commissioner held office in the same manner as provided by law for the trial and disposition of such issues generally. (b) The provisions of Section 39-1007, authorizing the jury to assess damages for delay upon the trial of an issue formed on an affidavit of illegality, shall be applicable to the affidavits of illegality, provided for in subsection (a). (c) Upon any final decision by the superior court of the issue made by the affidavit of illegality, either party may file an appeal and carry the case to the Court of Appeals as in cases of injunction. 91A-1385. Executions against tax collectors, tax receivers, and tax commissioners; suspension of collections; property bound; proceedings. (a) All executions and other process against tax collectors, tax receivers, and tax commissioners shall be directed to all and singular the sheriffs of the State and shall be executed by the sheriffs, their lawful deputies, or other officers lawfully in their stead. (b) Executions so issued shall not be suspended or delayed by any judicial interference with them, except as provided in Section 91A-1384. However, the Governor may suspend collection until the next meeting of the General Assembly, but no longer. (c) The property of tax collectors, tax commissioners, and of their sureties shall be bound, from the time the bonds are executed, for the payment of taxes collected and the discharge of their duties. (d) The proceedings in selling property under such executions shall be the same as under executions issued from the superior court. 91A-1386. Governor may vacate commissions of defaulting tax collectors, tax receivers, or tax commissioners. The Governor may vacate the commissions of defaulting tax collectors or tax commissioners or of tax receivers failing or refusing to do their duty, give bond, or take the oath required by law. In any such event, the vacancy shall be filled in the manner prescribed for other vacancies.

"GA1978.1.432">

CHAPTER 91A-14. UNIFORM PROPERTY TAX ADMINISTRATION AND EQUALIZATION IN GENERAL SUBCHAPTER A EQUALIZATION OF ASSESSMENTS 91A-1401. Purpose of Subchapter A. It is the purpose and intent of Subchapter A of this Chapter to create, provide, and require a comprehensive system for the equalization of taxes on real property within this State by the establishment of uniform Statewide forms, records, and procedures and by the establishment of a competent, full-time staff for the counties of this State to: (a) Assist the board of tax assessors of each county in developing the proper information for setting tax assessments on property. (b) Maintain the tax assessment records for each county. (c) Provide for Statewide duties and qualification standards for such staffs. (d) Provide for the examination of county tax digests in order to determine whether property valuation is uniform between counties. (e) Provide for adjustments and equalizations of property valuations in certain instances. (f) Provide for State ratio studies by the State Auditor. (g) Provide for State assistance to counties in implementing the provisions of Subchapter A. 91A-1402. Application. This Subchapter shall apply in both the incorporated and unincorporated areas in each county within the

"GA1978.1.433">

State. The intent of this provision is to recognize each county as a unit in applying the provisions of this Subchapter without regard to other distinctions existing between incorporated and unincorporated areas within each county. 91A-1403. Classification of counties for administration of Subchapter A. For the purpose of administering the provisions of Subchapter A of this Chapter, the counties of this State are placed in the following classes: (a) Class I - Counties having less than 3,000 parcels of real property. (b) Class II - Counties having at least 3,000, but less than 8,000, parcels of real property. (c) Class III - Counties having at least 8,000, but less than 15,000, parcels of real property. (d) Class IV - Counties having at least 15,000, but less than 25,000, parcels of real property. (e) Class V - Counties having at least 25,000, but less than 35,000, parcels of real property. (f) Class VI - Counties having at least 35,000, but less than 50,000, parcels of real property. (g) Class VII - Counties having at least 50,000, but less than 100,000, parcels of real property. (h) Class VIII - Counties having at least 100,000 or more parcels of real property. 91A-1404. Appraisal staff. (a) Class I counties shall provide for an appraisal staff by: (1) Employing a full-time appraiser: (2) Contracting with a contiguous county to provide the staff requirement; or

"GA1978.1.434">

(3) Contracting with a professional appraisal person to provide the staff requirement. (b) Each county other than Class I counties shall employ a minimum staff of appraisers, to be known as the county property appraisal staff, to perform the duties set forth in this Subchapter. For compensation purposes, the appraisers will be designated, lowest grade first, as Appraiser I, Appraiser II, Appraiser III, and Appraiser IV. (c) The minimum staff requirement for each county shall be as follows: (1) Class II counties, one Appraiser III. (2) Class III counties, one Appraiser III and one Appraiser I. (3) Class IV counties, one Appraiser III, one Appraiser II, and one Appraiser I. (4) Class V counties, two Appraisers III, two Appraisers II, and one Appraiser I. (5) Class VI counties, one Appraiser IV, two Appraisers III, two Appraisers II, and one Appraiser I. (6) Class VII counties, one Appraiser IV, four Appraisers III, one Appraiser II, and two Appraisers I. (7) Class VIII counties, two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I. (d) The establishment of minimum staff requirements shall not preclude any county from employing additional appraisers in order to carry out the requirements of this Subchapter. 91A-1405. Qualifications, duties, and compensation of appraisers. (a) Qualifications. (1) The Commissioner, with the approval of the State Merit System, shall establish the qualifications and rate of compensation for each appraiser grade.

"GA1978.1.435">

(2) Each appraiser shall obtain, before his employment, a satisfactory grade, as determined by the State Merit System, on an examination prepared by the State Merit System. (b) Duties. Each member of the county property appraisal staff shall: (1) Make appraisals of the fair market value of all taxable property in the county other than property returned directly to the Commissioner. (2) Maintain all tax records and maps for the county in a current condition. This duty shall include, but not be limited to, the mapping, platting, cataloging, and indexing of all real and personal property in the county. (3) Prepare annual assessments on all taxable property appraised in the county and submit the assessments for approval to the county board of tax assessors. (4) Prepare annual appraisals on all tax-exempt property in the county and submit the appraisals to the county board of tax assessors. (5) Prepare and mail assessment notices after the county board of tax assessors has determined the final assessments. (6) Attend hearings of the local board of equalization and provide information to the board regarding the valuation and assessments approved by the county board of tax assessors on those properties concerning which appeals have been made to the local board of equalization. (7) Provide information to the Department as needed by the Department and in the form requested by the Department. (8) Attend the standard approved training courses as directed by the Commissioner for all minimum county property appraisal staff. (9) Compile sales ratio data and furnish the data to the Commissioner, as directed by the Commissioner.

"GA1978.1.436">

(10) Comply with the rules and regulations for staff duties established by the Commissioner. (c) Compensation. Staff appraisers shall be paid from county funds. The rates of compensation established by the Commissioner shall not preclude any county from paying a higher rate of compensation to any appraiser grade. 91A-1406. Chief appraiser. (a) The board of tax assessors in each county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. The chief appraiser shall be responsible for: (1) The operation and functioning of the county property appraisal staff. (2) Certifying and signing documents prepared by the staff. (3) Implementing procedures deemed necessary for the efficient operation of the staff. (b) The chief appraiser may appoint an assistant and may delegate his authority in writing to the assistant. (c) The chief appraiser may be a member of the county board of tax assessors. 91A-1407. Joint county property appraisal staff. (a) Contiguous Class I counties may join together and contract to create a joint county property appraisal staff. In the event of any such contract the parcels of real property within the contracting counties shall be totaled and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the Department. The costs of the joint county property appraisal staff shall be shared based ratably upon the ratio the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff.

"GA1978.1.437">

(b) Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out the duties and requirements of this Subchapter. Counties contracting in this manner shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county. (c) (1) Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and the local board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to accomplish the requirements of this Subchapter. The function of any such person contracting to render the services shall be advisory or ministerial only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the local board of equalization. (2) No contract entered into by authority of paragraph (1) shall contain any provision authorizing payment to any person contracted with, or any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of the provisions of this paragraph is void and unenforceable. 91A-1408. Appraisals. (a) The chief appraiser shall submit a certified list of assessments for all taxable property within the county to the county board of tax assessors. The list shall be accompanied by any supporting information requested by the board of tax assessors and shall be submitted within the time prescribed by the board of tax assessors. (b) The chief appraiser, or his delegate, shall attend all hearings on appeals of assessments made to the local board of equalization. He shall provide the local board of equalization with the information supporting the appraisal and assessment which has been appealed.

"GA1978.1.438">

91A-1409. State payments to counties. (a) An amount which is equal to one-half of the total compensation payable to the minimum staff in all of the counties, as determined by the Commissioner with the approval of the State Merit System, shall be paid to the counties by the Department of the following manner: (1) The greater of 15 percent of the amount appropriated and deemed available by the Commissioner for the purpose of carrying out the provisions of this Subchapter regarding minimum staff compensation or $200,000, if deemed available by the Commissioner, shall be distributed equally among all of the counties of the State. (2) The payment to be made to each county from the remainder of the amount after distribution as provided in paragraph (1), if any, shall be equal to the remaining amount multiplied by a fraction, the denominator of which is the total of all parcels of real property located within the State and the numerator of which is the number of parcels of real property located within the county. (b) Payments provided for in this Section shall be made in the manner determined by the Commissioner. The Commissioner shall not make any payments to any county which: (1) Is not maintaining its records as required by this Subchapter. (2) Has not employed a minimum staff of appraisers. (3) In the case of Class I counties, has not entered into a contract providing for the performance of the requirements of this Subchapter. (c) Payments provided for in this Section shall be paid from funds appropriated to the Department. (d) In addition to the payments for minimum staff appraisers authorized in this Section, the Commissioner, from funds appropriated for that purpose, shall pay to qualified appraisers employed by county governments salary supplements in accordance with the following:

"GA1978.1.439">

(1) Each person employed as a staff appraiser who has earned the Certified Assessment Evaluator designation or the Certified Personalty Evaluator, as conferred by the International Association of Assessing Officers, shall be paid a salary supplement of $1,000 per year. (2) Each person employed as a staff appraiser who has earned the Georgia Certified Appraisers designation conferred by the Georgia Association of Assessing Officials shall be paid a salary supplement of $750 per year. The qualifications and requirements necessary for achievement of the Georgia Certified Appraiser designation shall be approved by the Commissioner before any supplements are paid for this designation. (3) Salary supplements shall be paid to each person qualifying under paragraphs (1) and (2) only for the period of time he is actually employed by a county as a staff appraiser and only for the period of time that he holds the qualifying designation. Salary supplements shall be paid to each qualified person for only one qualifying designation at any one time. 91A-1410. Appraisal staff instruction. (a) The Department may prepare, instruct, operate, and administer courses of instruction deemed necessary to provide for the training of new appraisers and the continuing education of experienced appraisers. (b) The Department may contract with any institution of higher education in this State to provide the courses of instruction, or any part of the courses, called for in subsection (a). 91A-1411. Uniform books, records, and forms. Subject to the limitations contained in Chapter 91A-2, the Commissioner may promulgate rules and regulations specifically regarding the provisions of this Subchapter including, but not limited to, the following: (1) Prescription of the forms, books, and records to be used for standard property tax reporting for all taxing units including, but not limited to, the forms, books, and records to be used in the listing, appraisal, and assessment of property and how the forms, books, and records shall be compiled and kept.

"GA1978.1.440">

(2) Prescription of the form and content of Statewide uniform appraisal and assessment forms, books, and manuals. (3) Development and prescription of procedures under which property sales ratio surveys shall be conducted. (4) Prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the Department using electronic data processing systems and equipment. 91A-1412. Data processing application. The Commissioner is authorized, from funds appropriated to the Department, to develop and prescribe systems of data collection, appraisal, and assessment and any other systems relating to property valuation and assessment utilizing electronic data processing systems and equipment. 91A-1413. Commissioner to examine county tax digests and ascertain whether property valuation is uniform between counties; adjustment of values. (a) It shall be the duty of the Commissioner to carefully examine the tax digests of the several counties filed in his office pursuant to the provisions of Section 91A-1444 and to compare the digests for the purpose of ascertaining whether the valuation of the various classes of property as made in the respective counties for taxation purposes is reasonably uniform both as between the various counties and as between the various classes within a county and also to ascertain compliance with Article VII, Section I, Paragraph III of the State Constitution. (b) If it appears to the Commissioner that in any one or more of the counties the taxable values fixed upon any one or more classes of property are not reasonably uniform with the values fixed upon the same classes of property in other counties or that within a county the taxable values of one or more of the classes of property have been fixed so that the per centum of taxable value does not conform to such values of other classes of property within the county, the Commissioner shall investigate and inquire as to the reason for the lack of uniformity of conformity and, after making the investigation and comparison, shall have authority to adjust and equalize the digest. The Commissioner's adjustment and equalization shall be based upon his reasonable determination as to what is just and right

"GA1978.1.441">

between the counties and within a county and may be made by adding a fixed per centum to the county valuation of any class of property in any county, if he finds the county valuation too low, or by deducting a fixed per centum from the county valuation, if he finds the county valuation too high. The Commissioner, if he deems appropriate, may return the digest to the county board of tax assessors to make adjustments in the valuation of any class or classes of property in the tax digest of any county as may be prescribed by the Commissioner to achieve the purpose and intent of this Subchapter. When such adjustments to the county valuations are made, the Commissioner shall adjust the county millage levy, if necessary, so as to ensure that the adjusted county digest will produce an amount of revenue reasonably equivalent to that amount of revenue which would have been produced had no adjustments been made to the county valuations. In no case may the Commissioner reduce the millage levy of a county below the rate required by the county to meet its fixed obligations. After making the adjustments authorized in this Section, the Commissioner shall notify the county board of tax assessors and the governing authority of the county affected, by United States mail, of the adjustments necessary. After such notice, the Commissioner shall return the tax digest to the county for correction according to his adjustments. (c) It shall be the further duty of the Commissioner to examine the itemizations of exempt properties appearing on the digest and, if in the judgment of the Commissioner any properties appearing on the digest are subject to taxation, to so advise the board of tax assessors of the counties concerned with an explanation of his reasons for believing the property is subject to taxation. 91A-1414. County tax assessors and governing authority of county to effect adjustments to county digest and county millage levy. Upon receipt of the notice from the Commissioner required by Section 91A-1413 (b), the county board of tax assessors and the governing authority of the county shall take such action as is required to effect the adjustments made by the Commissioner to the county digest and county millage levy. 91A-1415. Tax rate to be submitted to Commissioner by counties. The governing authority of each county shall submit to the Commissioner, at the time the county tax digest for the current year is submitted for his approval, the total county millage levy established

"GA1978.1.442">

pursuant to law for the county for the current year. The Commissioner shall not consider any county tax digest unless the tax rate is submitted to him as provided in this Section. 91A-1416. Equalized adjusted school property tax digest; duties of State Auditor; establishment of average ratio; use of average ratio; information to State Board of Education; arbitration of disputes. (a) The State Auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the State and for the State as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from such digest. The State Auditor may establish a unit within the Department of Audits, consisting of such number of personnel as he deems necessary, in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows: (1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and of public utility property shown on the county public utility property tax digest. (2) Divide the sum of the locally assessed valuation of the county property tax assessment digest by the ratio of assessed value to true value of the property established by the State Auditor in accordance with provisions of paragraph (5). (3) Determine the sum of the assessed valuation of the county public utility property tax digest for the preceding calendar year and divide such sum by the equalization ratio for the year established by the Commissioner for the purpose of assessing public utility properties throughout the State. (4) The total of the sums obtained through the calculations prescribed in paragraphs (2) and (3) shall be known as the current equalized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the State combined shall be known as the current equalized adjusted school property tax digest for the State as a whole.

"GA1978.1.443">

(5) Establish for each county in the State the average ratio of assessed value to true value of couty property subject to taxation for school purposes, excluding public utility property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, to be determined by the State Auditor, and the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title to which was transferred pursuant to the exercise of the power of eminent domain. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The State Auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the State Auditor. The State Auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on the property. The State Auditor shall use the same ratio for other personal property excluding motor vehicles and bank stock within the county as is finally determined for real property within the county. (b) The average ratio of assessed value to true value of county property to be established by the State Auditor for the purposes of subsection (a) (5) shall be established through the use of personnel of the Department of Audits who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. (c) The average ratio of assessed value to true value determined for each county shall be used as provided for in this Section until such time as a new ratio is determined on a continuing basis for a particular county. When any county digest submitted to the Commissioner under the provision of Section 91A-1444 reflects an increase or decrease of five percent or more from the digest of the year in which the last ratio was established for that county in accordance with subsection (a) (5), the State Auditor, in accordance with the

"GA1978.1.444">

procedures prescribed in this Section, shall determine a new ratio for the county as soon as the necessary studies can be completed. (d) On or before November 15 in each year, the State Auditor shall furnish to the State Board of Education the sum of the current equalized adjusted school property tax digest of each county in the State and the sum of the current equalized school property tax digest for the State as a whole. As to those counties which have more than one school system located in the county, the State Auditor shall furnish the State Board of Education a breakdown of the current county equalized adjusted school property tax digest showing the amount of the digest applicable to property located within each of the school systems located within the county. At the same time, the State Auditor shall furnish the governing authority of each county, the governing authority of each municipality having an independent school system, the local board of education of each county, the local board of education of each independent school system, the tax commissioner or tax collector of each county, and the board of tax assessors of each county the sum of the current equalized adjusted school property tax digest of the county or the independent school system area, as the case may be, and the sum of the current equalized adjusted school property tax digest for the State as a whole. (e) (1) Each county governing authority, each governing authority of a municipality having an independent school system, and each county, area, and independent board of education, when aggrieved or when having an aggrieved constituent, shall have a right, upon written request made within 30 days after receipt of the digest information, to refer the question of correctness of the sum of the current equalized adjusted school property tax digest of the county or independent school system area to the State Auditor. The State Auditor shall take any steps necessary to make a speedy determination of the correctness of the digest and to notify all interested parties of his determination within 45 days after receiving the request questioning the correctness of the digest. (2) (A) If any party questioning the correctness of the digest is dissatisfied with the determination made by the State Auditor pursuant to the provisions of paragraph (1), it shall have the right, which must be exercised within 15 days

"GA1978.1.445">

after being notified of the determination made by the State Auditor, to refer in writing the question of the correctness of the digest to a board of arbitrators. (B) Each board of arbitrators shall consist of three members, one to be chosen by the State Auditor, one to be chosen by the complaining party requesting the arbitration, and one to be chosen within 15 days after selection of the first two members by the first two members of the board. In the event the two arbitrators cannot agree to a third member, the Chief Justice of the Supreme Court of Georgia shall appoint the third member upon petition of either party with notice to the opposite party. (C) The board of arbitrators, or a majority of the board, within 30 days after appointment of the full board, shall render its decision upon the correctness of the sum of the digest in question and, if correction of the digest is required, the extent and manner in which the sum of the digest should be corrected. The decision of the board shall be final. (D) The State Auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report the corrections to the parties entitled to receive such information under the provisions of this Section. (E) Each member of the board of arbitration shall take and subscribe to an oath before the State Auditor to faithfully and impartially perform the duties required of him in connection with the controversy concerning the correctness of the sum of the digest in question and to render his decision on the questions within the time required. Each member of the board of arbitration shall be paid a sum not to exceed $100 per day for services rendered. All costs of arbitration of matters arising under the provisions of this Section shall be shared and paid equally by the Department of Audits and by the governing authority of the local board of education requesting the arbitration.

"GA1978.1.446">

(3) Upon receiving notice that the sum of the current equalized adjusted school property tax digest of any county or independent school system is being questioned pursuant to the provisions of paragraph (1), the State Auditor shall notify the State Board of Education that the digest is being questioned. No computations shall be made on the basis of a questioned digest under the provisions of the Adequate Program for Education in Georgia Act, as amended, until the digest has been corrected, if necessary, pursuant to the provisions of this subsection. [Code Sections 91A-1417 through 91A-1429 RESERVED] SUBCHAPTER B COUNTY BOARD OF TAX ASSESSORS 91A-1430. Application of Subchapter B. Nothing contained in this Subchapter shall apply to those persons who are required to make their returns to the Commissioner. 91A-1431. When tax receiver or tax commissioner shall present returns to county board of tax assessors. Not later than April 11 in each year the tax receiver or tax commissioner of each county shall present the tax returns of the county for the current year to the county board of tax assessors. 91A-1432. County board of tax assessors; creation; appointment; commission. (a) There is established a county board of tax assessors in each of the several counties of this State. (b) (1) Except as provided in paragraph (2), each county board of tax assessors shall consist of three members to be appointed by the governing authority of the county. (2) In each county having a population of less than 25,000, according to the census, the board of tax assessors shall consist of not less than three nor more than five members. The number of members to serve on any such board shall be determined by the governing authority of the county. (c) The order making an appointment to the county board of tax assessors shall be regularly entered upon the record of the superior court of the county. A certificate from the clerk of the superior

"GA1978.1.447">

court reciting the order, and stating that the person appointed has taken the oath required by law, shall constitute the commission of a member. No other or further commission shall be required. 91A-1433. Term of office; vacancies; removals. (a) Each member of the county board of tax assessors shall be appointed at the option of the appointing authority either for a term of six years and until his successor is duly appointed and qualified or for a term of indefinite duration. In case of a vacancy on the board at any time, whether caused by death, resignation, removal or otherwise, the vacancy shall be filled and the appointment shall be made in the same manner as provided by law for the appointment of the members of the board. (b) A member of the county board of tax assessors may be removed by the appointing authority only for cause shown for the failure to perform the duties or meet the qualifications imposed upon him by law. No member of the board who is also employed by the county as a staff appraiser under the law requiring the counties to employ minimum staff personnel may be removed by the appointing authority during his term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the appointing authority for such removal. 91A-1434. Application to elected member of county boards of tax assessors. Nothing contained in Sections 91A-1433 to 91A-1448, inclusive, regarding appointment, terms of office, vacancies, removals, qualifications, or compensation of members of county boards of tax assessors shall apply to any county which has elected to elect the members of its county board of tax assessors. 91A-1435. Qualifications. (a) No person shall serve as a member of the county board of tax assessors who: (1) Is less than 21 years of age or more than 72 years of age. (2) Fails to make his residence within the county within six months after taking the oath of office as a member of the board.

"GA1978.1.448">

(3) Does not hold a high school diploma or its equivalent. A person who has held an equivalent responsible position of employment for a period of five years shall not be required to meet the high school education requirement as provided in this paragraph. The Commissioner is authorized to specify by regulation the types of employment qualifying as equivalent responsible positions of employment under the terms of this paragraph. (4) Does not have at least one year of experience in appraisal related work. The successful completion of 40 hours of approved appraisal courses as provided for in subsection (c), taken either prior to appointment or within one year after appointment, may be substituted for this experience requirement. (5) Has not successfully completed an assessor examination to be administered by the Commissioner or has not successfully completed at least 40 hours of approved appraisal courses as provided in subsection (c). (6) Does not successfully complete at least 40 hours of approved appraisal courses as provided in subsection (c) during each two years of his tenure as a member of the county board of tax assessors. (b) The requirements of subsection (a) shall not apply to any member of a county board of tax assessors who was properly appointed and who was serving on January 1, 1973, until such time as the term for which he was serving on January 1, 1973, shall expire. (c) Approved appraisal courses shall be courses of instruction covering the basic principles of appraisal and assessing of all classes and types of property including instruction in the fundamentals of Georgia law covering the appraisal and assessing of property for ad valorem tax purposes as prescribed and designated by the Commissioner. The Commissioner shall develop and administer courses of instruction designed to qualify applicants or tax assessors under the terms of this Section and he may contract with any professional appraisal organization or firm or institution of higher education in this State to provide the necessary courses of instruction or any part of any such course.

"GA1978.1.449">

91A-1436. Oath. Each member of the county board of tax assessors shall take an oath before the judge or the clerk of the superior court of the county to faithfully and impartially perform the duties imposed upon him by law. In addition he shall also take the oath required of all public officers as provided in Section 89-302. 91A-1437. Members of county boards of tax assessors ineligible to hold other office. No member of the county board of tax assessors shall be eligible to hold any State, county, or municipal office during the time he holds his office. A member of the board may be reappointed to succeed himself as a member of the board. 91A-1438. Compensation. Each member of the county board of tax assessors shall be paid as compensation for his services an amount determined from time to time by the governing authority of the county. The compensation to be paid to a member of the board shall not be less than $20 per day for the time he is in actual discharge of the duties required of him. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board and he shall be paid for each day in attendance in such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. The compensation of the members of the board and other expenses as may necessarily be incurred in the performance of the duties of the board shall be paid from the county treasury in the same manner as other payments by the county are made. 91A-1439. Removal from office, proceedings for; appeal. Whenever by petition to the judge of the superior court in term time or at chambers any 10 or more freeholders of the county allege that any member of the county board of tax assessors is disqualified or is not properly and impartially discharging his duties or is discriminating in favor of certain citizens or classes of citizens and against others, the judge shall cite the member so complained of to appear before him at a time and place in the county to be fixed in the citation, not less than 20 nor more than 40 days from the date of the presentation of the petition, and to answer to the petition. A copy of the petition shall be attached to the citation and service of the citation may be made by any sheriff, deputy sheriff, or constable of this State. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is returned. At the time and place fixed in the citation,

"GA1978.1.450">

unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member of the county board of tax assessors from office and declaring a vacancy in such office. If either party to the controversy is dissatisfied with the judgment and order of the court, the party may take the issue to the Court of Appeals by appeal as in other cases. 91A-1440. Duty of the county board of tax assessors to ascertain what property is subject to taxation; penalty for unreturned property. (a) It shall be the duty of the county board of tax assessors to diligently investigate and inquire into the property owned in the county for the purpose of ascertaining what real and personal property is subject to taxation in the county and to require the proper return of the property for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due to the State or to the county have not been paid in full as required by law. In all cases where the full amount of taxes due the State or county have not been paid, the board shall assess against the owner, if known, and the property, if the owner is not known, the full amount of taxes which have accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the board may proceed to assess the taxes against the owner of the property according to the best information obtainable and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed. (b) (1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of State and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10 in amount, a penalty of $1. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county. (2) (A) The provisions of paragraph (1) to the contrary notwithstanding, the provisions of this paragraph shall apply with respect to counties having a population of 600,000 or more according to the census.

"GA1978.1.451">

(B) In all cases where unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for such year. 91A-1441. Power to summon witnesses and require production of books and papers. The county board of tax assessors may issue subpoenas for the attendance of witnesses and may subpoena of any person any books, papers, or documents which may contain any information material upon any question relative to the existence or liability of property subject to taxation or the identity of the owner of property liable to taxation or relevant to other matters necessary to the proper assessment of taxes lawfully due the State or county. Such subpoenas may be issued in the name of the board, signed by any one or more members of the board or by the secretary of the board, and shall be served upon a taxpayer or witness or any party required to produce documents or records five days before the day upon which any hearing by the board is scheduled and at which the attendance of the party or witness or the production of such documents is required. If any witness subpoenaed by any county board of tax assessors fails or refuses to appear, fails or refuses to answer questions propounded, or fails or refuses to produce any books, papers, or documents required to be produced by an order of the board, except upon a legal excuse which would relieve the witness of the obligation to attend as a witness or to produce such documents before the superior court if lawfully required to do so, the person so failing or refusing shall be guilty of contempt and shall be cited by the board to appear before a judge of the superior court of the county. The judge of the superior court of the county shall have the same power and jurisdiction to punish the person failing or refusing to comply with the order for contempt and to require and compel the giving of the testimony or the production of the books and records as in cases of contempt committed in the presence of the court and as in cases pending in the court. 91A-1442. Valuation of property not in digest. (a) The county board of tax assessors may provide, pursuant to rules or regulations promulgated by the board and consistent with the provisions of this Chapter, the manner of ascertaining the fair market value for taxation of any real or personal property not appearing in the digest of any year within the period of the statute of limitations.

"GA1978.1.452">

(b) It is the purpose and intent of this Section to confer upon the county board of tax assessors full power and authority necessary to have placed upon the digest an assessment of the fair market value of all property in the county of every character which is subject to taxation and for which either State or county taxes have been paid in full. (c) Nothing contained in this Section shall apply to those persons who are required to make their returns to the Commissioner. 91A-1443. Service of papers. Whenever, under the provisions of this Subchapter, any notice, subpoena, or writing is required to be given or served, the notice, subpoena, or writing may be served by any sheriff, any deputy sheriff, or any lawful constable. Each such officer shall be paid for his services the same fees as are paid officers for serving similar process in civil suits and the fees shall be paid from the county treasury in the same manner as other payments by the county are made. 91A-1444. Revision and assessment to be completed when; digest sent to Commissioner. Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by June 1 of each year. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the Commissioner for examination and approval. 91A-1444.1. Mistakes; how corrected. If a tax receiver or tax commissioner makes a mistake in his digest, which is not corrected by the county board of tax assessors or county board of equalization, the Commissioner, with the sanction of the Governor, shall correct the mistake by making the necessary entries in the digest furnished the Commissioner. The Commissioner shall notify the county governing authority and the tax collector of the county from which such digest comes of the mistake and correction. 91A-1445. Approval of tax digests regardless of arbitrations or appeals; procedure; withholding of grants by Fiscal Division. (a) The Commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property, or number of properties, in the county. In such cases, the assessment

"GA1978.1.453">

or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the Commissioner at the time the digest is filed for examination and approval. The Commissioner shall not approve any digest when the assessed value fixed by the board of tax assessors for any property, or properties, on appeal or in arbitration exceeds three percent of the total assessed value of the total digest of the county for the same year. In any year when a complete reevaluation or reappraisal program is implemented, five percent of the property or number of properties may be in arbitration or on appeal. (b) The Fiscal Division shall withhold any and all grants appropriated to any county until the county tax digest for the previous calendar year has been submitted to the Commissioner as required by law. 91A-1446. Local laws and general laws with local application not repealed. It is not the intention or the purpose of this Subchapter to repeal any law enacted prior to January 1, 1980, granting to any county board of tax assessors additional powers or authority not contained in this Subchapter. 91A-1447. Chairman, secretary, and staff to serve the county board of tax assessors. (a) Each county board of tax assessors shall elect one of its members to serve as chairman for each tax year. The election of the chairman shall be the first order of business at the first meeting of the board for each tax year. At the same time the board shall select from the county appraisal staff one appraiser to act as secretary to the board for that tax year. Each county board of tax assessors, subject to the approval of the governing authority of the county, may enter into employment contracts with persons to: (1) Assist the board in the mapping, platting, cataloging, indexing, and appraising of taxable properties in the county. (2) Make, subject to the approval of the board, reevaluations of taxable property in the county. (3) Search out and appraise unreturned properties in the county.

"GA1978.1.454">

(b) Each county board of tax assessors may enter into a contract with any municipality or political subdivision of the State to provide any information for which the board could contract pursuant to subsection (a). (c) The expense of employees engaged and work performed pursuant to this Section shall be paid, subject to the contracts and after approval by the county governing authority, out of county funds as a part of the expense of the board. 91A-1448. Meeting of county board of tax assessors; duties. (a) Method of giving notice to taxpayer of changes made in his return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and, if in the opinion of the board any taxpayer has omitted from his returns any property that should be returned or has failed to return any of his property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall give, within five days, written notice to the taxpayer of any changes made in his returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States Postal Service as first class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered `Return in 5 days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type`OFFICIAL TAX MATTER.' (b) Notice contents. The notice required to be given by the county board of tax assessors under subsection (a) shall be dated and

"GA1978.1.455">

shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, the assessed value of the taxpayer's property subject to taxation after being reduced, and a reference to the applicable time period for residents and nonresidents in which an appeal may be demanded. (c) Posting notice on certain conditions. In all cases where a notice is required to be given to a taxpayer under subsection (a), if the notice is not given to the taxpayer personally or the notice is mailed but returned undelivered to the county board of tax assessors, then a notice shall be posted in front of the courthouse door for a period of 30 days. Each posted notice shall contain the name of the owner liable to taxation, if known, or, if the owner is unknown, a brief description of the property together with a statement that the assessment has been made, or the return changed or altered as the case may be, and the notice need not contain other information. The judge of the probate court of the county shall make a certificate as to the posting of the notice. Each such certificate shall be signed by the judge of the probate court and shall be recorded by the county board of tax assessors in a book kept for that purpose. A certified copy of the certificate of the judge of the probate court duly authenticated by the secretary of the board shall constitute prima facie evidence of the posting of the notice as required by law. (d) Meetings of the board. The first meeting of the county board of tax assessors shall be held no later than 10 days after the date the tax receiver or tax commissioner is required by law to submit the tax digest for the year to the county board of tax assessors. The secretary of the board shall at that time and throughout all meetings of the board present to the board all of the staff information relating to the digest. The county board of tax assessors must consider the staff information in the performance of their duties. The county board of tax assessors shall adhere to the assessment standards and techniques as required by law, by the Commissioner, and by the State Board of Equalization. In each instance, however, the assessment placed on each parcel of property shall be the assessment

"GA1978.1.456">

established by the county board of tax assessors as provided in this Section. 91A-1449. Review of assessments; county boards of equalization. (a) Establishment. (1) There is established in each county of the State a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Section. In those counties having more than 25,000 parcels of real estate, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 25,000 parcels of real estate in the county or for any part of a number of parcels in the county exceeding 25,000 parcels. (2) Notwithstanding the provisions of any part of this subsection to the contrary, in any county of this State having a population of not less than 180,000 and not more than 190,000 according to the census at any time upon the request of the county governing authority for additional alternate members of boards of equalization, the grand jury of the county shall appoint the number of alternate members so requested to each board of equalization, not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards are duly qualified and authorized to serve on any of the boards of equalization of any such county. The grand jury of any such county may designate a chairman and two vice chairmen of each such board of equalization. The chairman and vice chairmen shall be vested with full administrative authority in calling and conducting the business of the board. Any combination of members or alternate members of any such board of equalization of any such county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of any such county shall be competent to serve in said capacity as provided in this Section upon appointment and taking of oath. (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,

"GA1978.1.457">

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, except those persons who are exempt because they are 65 years of age or older. No member of the county board of tax assessors, employee of the county board of tax assessors, or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. (c) Appointment. (1) Each member and alternate member of the county board of equalization shall be appointed for the term of the calendar year next succeeding the date of his selection. Each such term shall begin January 1. (2) The grand jury in each county at any term of court preceding November 1 of each year shall select three persons from the current grand jury list who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons from the current grand jury list who are otherwise qualified to serve as alternate members of the county board of equalization. If a vacancy occurs on the county board of equalization, the grand jury then in session shall select one of the alternate members of the county board of equalization to serve as a member of the county board of equalization for the unexpired term and shall select a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. If a vacancy occurs among the alternate members of the county board of equalization, the grand jury then in session shall select a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. (3) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff, or his deputy, a precept containing the names of the persons so drawn. Within 10 days of receiving the precept, the sheriff, or his deputy, shall cause the persons whose names are written on the precept to be served personally or by

"GA1978.1.458">

leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (4) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the following oath: `You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the county of....., in accordance with the Constitution and laws of this State, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to his office. (d) Duties and powers. (1) The county board of equalization shall hear and determine appeals from assessments as provided in subsection (e). (2) If, in the course of determining an appeal, the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the county board of equalization shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (e) Appeal. (1) Any taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value in the manner provided in paragraph (3) of this subsection.

"GA1978.1.459">

(2) An appeal shall be effected by filing with the local board of tax assessors a notice of appeal within the time provided by law. The notice of appeal shall specifically state the grounds for appeal. The county board of tax assessors shall review the valuation in question and, if any changes or corrections are made in the valuation in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Section 91A-1448. If no changes or corrections are made in the valuation, the county board of tax assessors shall certify the notice for appeal and all necessary papers to the county board of equalization. (3) A notice of appeal, in the case of residents of the county, shall be filed with the county board of tax assessors within 15 days from the date of giving the notice pursuant to Section 91A-1448 or subsection (e) (2) of this Section. A notice of appeal, in the case of a nonresident of the county, shall be filed with the county board of tax assessors within 20 days from the giving of the notice, as provided in Section 91A-1448 or subsection (e)(2) of this Section. (4) The determination of the county board of tax assessors as to questions of fact shall be prima facie correct in any appeal to the county board of equalization. (5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (B) The Commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining an appeal. (6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph, but not earlier than 20 days from the date of notification to the taxpayer

"GA1978.1.460">

of the hearing required in this paragraph, the county board of equalization shall hold such hearing to determine the questions presented. (C) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, 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 subsection (h), 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 a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote. (7) The county board of tax assessors shall furnish the county board of equalization with necessary facilities and clerical help. The secretary of the county board of tax assessors shall serve as secretary of the county board of equalization and shall see that the records and information of the county board of tax assessors and the staff are transmitted to the county board of equalization. The county board of equalization must consider in the performance of their duties the information furnished by the county board of tax assessors. (f) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization to the superior court of the county in which the property lies. (2) An appeal by the taxpayer as provided in paragraph (1) shall be effected by filing a written notice of appeal with the county board of tax assessors. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and contain the name

"GA1978.1.461">

and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice in either case shall be filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subsection (e)(6)(B). The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. (3) The appeal shall constitute a de novo action. (4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal. If only questions of law are presented in the appeal, the appeal shall be heard before the court sitting without a jury as soon as practicable. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. (B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value by appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his taxes for the year in question. If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal. (g) Alternate members. Alternate members of the county board of equalization, in the order in which selected, shall serve: (1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, removal from the county, or incapacitating illness of a member or any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unfulfilled term.

"GA1978.1.462">

(2) In any appeal with respect to which a member of the board is disqualified, and be considered as a member of the board. (3) In any appeal at a regularly scheduled or called meeting in the absence of a member, and be considered as a member of the board. (h) Disqualification. (1) No member of the county board of equalization shall serve with respect to any appeal concerning which he would be subject to a challenge for cause if he were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each such question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall answer such questions, and any question which may be adopted pursuant to subsection (e)(5)(B), in writing under oath within two days of their receipt of the appeal. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first class mail. Determination of disqualification shall be made by the judge of the superior court on the request of any party when the request is made within two days of the response of the board to such questions. The time prescribed under subsection (e)(6)(A) shall be tolled pending the determination of the judge of the superior court. (i) Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $10 per day and shall be determined by the governing authority of the county. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals.

"GA1978.1.463">

(j) Interim collection pending appeals. (1) The governing authority of a county whose digest has not been approved by the Commissioner may petition the superior court of the county for an order authorizing the immediate and temporary collection of taxes when: (A) (i) An appeal is or has been filed as provided by law to prevent the approval of the digest by the Commissioner; (ii) The digest is not otherwise approved by the Commissioner; or (iii) The digest is otherwise not enforceable or collectible by law; and (B) The appeal, disapproval, or disability prohibits or prevents collections from being made or enforced on the digest. (2) (A) 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, unless the court authorizes the immediate temporary collection of the taxes, the county authority will not be able to either: (i) Pay the county's debts as they mature; (ii) 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; (iii) Maintain an orderly and normal function of county business and governmental affairs; (iv) 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

"GA1978.1.464">

(v) Avoid by practical means the suffering of immediate and irreparable injury, loss, damage, and any other significant matter. (B) The petition shall further identify the last year in which the county had an approved tax digest as provided in this Title and shall state the particular year for which the tax collections are sought. (3) After the filing of the petition, a judge of the superior court in which the petition was filed shall set a time and date for a hearing on the petition. Each such hearing shall be held not less than 10 days from the date of the filing of the petition. The court shall direct that the governing authority of the county have the petition published at least once prior to the hearing in the official newspaper of the county for publication of official notices. The court shall further order that the governing authority post a copy of the petition in a prominent place in the courthouse. No hearing shall be held on the petition until the petition has been so published and posted. (4) After the petition has been filed, and before the hearing, each interested party may intervene for the purpose of opposing the issuance of an order allowing the immediate and temporary collection of taxes. (5) 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 paragraph (2). The court may not 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 paragraph (2) exists. 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. (6) In the court's order, the court shall establish the basis on which the temporary tax on each parcel of property shall be established and the manner in which the taxes shall be billed, collected, and otherwise received. The basis upon which the temporary taxes may be collected shall be one of the following:

"GA1978.1.465">

(A) Any tax digest for the tax year in question which has been submitted to the Commissioner, but which has been rejected or is otherwise unenforceable. (B) The most recently submitted and approved tax digest, as amended to reflect changes in ownership in property. (C) Any other reasonable method which will do substantial justice to the parties under the exigencies of all the circumstances. (7) Any taxes collected or paid after the entrance of the order for collection, as provided for in this subsection, shall not be considered as, and shall not be deemed to be, voluntary payments. Collection or payment of such taxes after the entry of an order by the court as provided in this subsection shall not in any manner affect or limit anyone who pays the 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. (8) The temporary collection of 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 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. (9) (A) Any governing authority filing a petition seeking an order allowing the temporary collection of taxes shall serve the Commissioner with a copy of the petition. (B) The Commissioner may not be joined in an action seeking the temporary collection of taxes without the Commissioner's specific consent. (10) The procedures provided by this subsection shall apply to the tax digest of any municipality using as a basis for municipal tax purposes the fair market value determined for

"GA1978.1.466">

county ad valorem tax purposes. For the purposes of this paragraph, the provisions of this subsection 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 in this subsection. 91A-1450. Ad valorem taxes not past due when subject to review in certain counties. (a) The provisions of this Section shall apply only in those counties having a population of 600,000 or more according to the census and in municipalities lying wholly or partially within such counties when the municipalities have a population of 400,000 or more according to the census. (b) No county or municipal ad valorem taxes which are the subject of any arbitration, equalization, or other procedure for the review of ad valorem tax liability allowed by law shall be considered delinquent or past due pending the determination of the tax liability, but the taxpayer in any such case shall first pay to the county or municipality to which the taxes are due the amount of taxes which would be due if the assessed valuation of the property subject to tax were the same as that determined for the prior tax year or the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater. A taxpayer within 10 days of receipt of a tax notice may petition the superior court of the county in which the return was made, or the superior court of the county in which the major portion of the municipality lies, as the case may be, to determine a lower amount to be paid to the county or municipality under this subsection upon a showing that the value of property subject to tax has suffered a sudden, substantial drop due to fire, storm, earthquake, or other similar casualty. (c) The provisions of this Section shall be cumulative of and supplemental to any laws of this State relative to interest on past due ad valorem taxes or penalties on delinquent ad valorem taxes of the counties and municipalities subject to the provisions of this Act and shall not be construed to repeal any such laws. [Code Sections 91A-1951 through 91A-1959 RESERVED]

"GA1978.1.467">

SUBCHAPTER C STATE LOANS TO COUNTIES 91A-1460. Aid by Commissioner to counties in making revaluations and appraisals; contracts; limitations; inapplicability of millage limitations. (a) The Commissioner may make loans to counties or, if sufficient funds are not available for loans, to contract with counties for the payment specified as an aid to the counties in financing or defraying the cost of employing persons to assist county boards of tax assessors in carrying out programs reasonably designed to survey and evaluate all, or substantially all, of the property within a county's boundaries and to equalize the assessments on the property. The Commissioner may promulgate rules, regulations, and instructions as he deems necessary to the purposes and administration of this Section. The governing authority of each county shall have the exclusive right to determine with whom it shall contract or employ to carry out a program receiving aid pursuant to this Section. (b) Upon application of the governing authority of a county for aid under this Section and the submission of a valuation and equalization program, the Commissioner shall determine whether the program complies with the rules, regulations, and instructions promulgated pursuant to this Section. Upon compliance being shown, the Commissioner may contract, to the extent of funds available for loans to counties from funds appropriated and available for the purpose, with the governing authority of the county for a loan from the State to pay a part, or all, of the cost of the program and for the repayment of the amount loaned. The contract shall provide for the repayment of the amount loaned, without interest, in five equal annual installments. The first installment on each loan shall be due on December 31 of the first calendar year for which a property tax digest is prepared following the final payment by the Commissioner under the terms of the contract. One of the remaining annual installments shall be due on December 31 in each of the four calendar years following the initial payment. The contract shall also provide that, whenever an annual installment is in default, the Commissioner shall have an irrevocable power of attorney from the governing authority to direct the Fiscal Division to pay over to him, as Commissioner, all funds otherwise due to the county or its governing authority under Section 91A-71 or under any other appropriation of the General Assembly for grants to counties for aid in

"GA1978.1.468">

county road construction or county road maintenance until the default has been paid. The Fiscal Division shall comply in each instance with the Commissioner's direction. The Commissioner shall not make loans to any one county in excess of $100,000. (c) In the event the Commissioner determines that insufficient funds are available under the provisions of subsection (b) to meet the needs of any county in financing a qualified program, subject to the maximum limitation provided in subsection (b), and in the further event that the governing authority of a county applying and submitting a qualified program demonstrates to the satisfaction of the Commissioner that sufficient additional funds can be obtained from other sources to satisfactorily complete the program, the Commissioner may contract with the governing authority of the county for the payment by the State, from funds appropriated and available for the purpose, of 10 percent of the cost of the qualified program. No amount contracted for pursuant to this subsection shall be repaid. However, the amount to be paid by the State on behalf of any one county under any contract entered into pursuant to this subsection shall not exceed $10,000. The Commissioner may direct that any payment by the State pursuant to this subsection be made in a single installment or two installments 12 months apart. (d) The limitations on the millage levy prescribed in Chapter 91A-12, relating to county taxation, shall not apply to any levy which a county governing authority makes for purposes of defraying the cost of a program contemplated pursuant to this Section or of repaying to the State or any commercial lender amounts advanced for the purposes contained in this Section. 91A-1461. Capital fund for loans to counties for property valuation and equalization purposes. All funds appropriated to the Department for the purpose of making loans to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes, when the funds were or are included in an allotment approved by the Governor, shall be deemed to create a capital fund to be administered by the Commissioner for the purpose of making loans for property valuation and equalization purposes as are authorized by law. Any funds which are repaid to the Commissioner in accordance with the terms of the loans shall become a part of the capital fund and may be reloaned by the Commissioner in the manner and on the terms authorized by law.

"GA1978.1.469">

CHAPTER 91A-15. MUNICIPAL TAXATION 91A-1501. Determination of fair market value for county and municipal ad valorem property taxation purposes. The provisions of any municipal charter to the contrary notwithstanding, in determining the fair market value of property within their respective taxing jurisdictions for purposes of ad valorem property taxation, municipalities shall use the fair market value finally determined for the property for county ad valorem property taxation purposes. Fair market value shall be finally determined for county ad valorem property taxation purposes when all means for administrative and judicial review of the fair market value have been exhausted or are no longer available. 91A-1502. Counties to provide information to municipalities relative to fair market value of property as determined by counties. As soon as the fair market value of property within a county is finally determined, such information shall be furnished, without charge, by the county to the governing authority of each municipality lying wholly or partially within the county. 91A-1503. Basis for fair market value of property subject to both municipal and county ad valorem taxation. Except as otherwise provided in Code Section 91A-1019, the board of tax assessors in each municipality which has such a board pursuant to the municipal charter shall use as the basis for fair market value of property subject to both municipal and county ad valorem taxation the 100 percent fair market value determined for the property for county ad valorem tax purposes before being reduced to the 40 percent assessed value required by law for county ad valorem taxation purposes. Where there are existing municipal and county assessments for any municipality with 20,000 or more persons according to the census, located within counties having populations of not less than 400,000 and not more than 600,000 according to the census, the Commissioner may designate, for each parcel of property or class of property, which of the two assessments shall be used. Where there are existing municipal and county assessments for any municipality with 15,000 or more persons according to the census, located within counties having populations of not less than 59,000 and not more than 60,000 according to the census, the Commissioner may designate, for each parcel of property or class of property, which of the two assessments shall be used.

"GA1978.1.470">

91A-1504. Exemption of certain salesmen and merchants. (a) No authority of any municipality shall levy or collect any tax or license fee from: (1) A traveling salesman engaged in taking orders for the sale of goods when no delivery of goods is made at the time of taking the order. (2) A merchant or dealer, the situs of whose business is outside the municipality, who delivers goods to wholesale or retail customers in the municipality either on orders previously taken by his salesmen or on orders previously given directly to him by the wholesale or retail customer. (3) The employees of any merchant or dealer doing business in the municipality in a manner defined by paragraph (2) who are engaged in the delivery of the goods to wholesale or retail customers. (b) The provisions of this Section shall not apply to counties having a population over 500,000 according to the census. 91A-1505. Goods purchased in carload lots for distribution among several purchasers. Any one or more persons purchasing guano, meats, meal, flour, bran, cottonseed, or cottonseed meal and hulls in carload lots shall be entitled, upon delivery of the car and the surrender of the bill of lading, to apportion the shipment or shipments between themselves without the payment of a special tax or license fee to any municipality as dealers or distributors of the goods or merchandise when: (a) The bill of lading for the shipment is taken in the name of an individual; (b) The freight is paid pro rata by the owners of the goods or merchandise; and (c) The goods or merchandise is being procured for the individual use of the purchasers and not for sale by them. 91A-1506. Power to tax to pay benefits under teachers' retirement systems. Each municipality may levy and collect taxes for the

"GA1978.1.471">

purpose of paying pensions and other benefits and costs under a teacher retirement system or systems. 91A-1506.1. Municipalities authorized to levy and collect taxes to provide financial assistance to municipal development authorities. Every municipality may levy and collect municipal taxes upon all taxable property within the limits of the municipality to provide for financial assistance to its respective municipal development authorities for the purpose of developing trade, commerce, industry and employment opportunities. The tax levied for the purposes provided in this Section shall not exceed one mill per dollar upon the assessed value of said property. 91A-1507. Restriction upon taxation of agricultural products and livestock. No municipality shall levy any tax or license fee, or require the payment of any fee or tax, upon the sale or introduction into the municipality of any agricultural product raised in this State including, but not limited to, swine, cattle, sheep, goats, poultry, and the products of such animals, when the sale and introduction are made by the producer of the product and the sale of the product is made within 90 days of the introduction of the products into the municipality. The exemptions provided in this Section shall be in addition to all other exemptions from taxation and licensing provided by law for any such product. 91A-1508. Issuance of executions for paving, etc.; sales, redemption. Each municipality may enforce the collection of any amount due or to become due for paving streets or alleys, laying sewers and drains, or cleaning or repairing privy vaults by execution issued by the municipal finance officer against the persons who owe the debts. The execution may be levied by the marshal on the real estate of the owners and, after proceedings as in cases of sales for municipal taxes, the property may be sold at public auction. All sales made by municipalities under execution shall be subject to both purchase by the municipality and the right of redemption by the owner after sale. 91A-1509. Public property abutting on street; who may sign petitions for improvements. Whenever the owners of land abutting on any street or sidewalk petition to have the street or sidewalk improved and the State, any of its political subdivisions, or any municipality is the owner of property on the street, the frontage owned

"GA1978.1.472">

by the State, political subdivision, or municipality shall be counted as if owned by an individual and shall be treated as if owned by an individual for the purposes of assessment. When the State is the owner of the property, the Governor may sign the application for and in behalf of the State. When the county is the owner of the property, the governing authority of the county may sign in behalf of the county. When a municipality is the owner of the property, the mayor of the municipality where the property is situated may sign in behalf of the municipality. 91A-1510. Grounds and service of summons of garnishment; entries on execution and return. (a) When any finance officer or other person authorized to collect the taxes due any municipality can find no property of the defendant on which to levy a tax execution, he shall make an entry to that effect on the execution and may then issue summons of garnishment, without making affidavit or giving bond, against any person who he believes is indebted to the defendant or who he believes has property, money, or effects of the defendant in his hands. The summons of garnishment shall be served by the finance officer, other tax collector, sheriff, or any constable of the county in which the garnishee resides, at least 15 days before the sitting of the court and shall be returned to the superior court or city court of the county in which the municipality is situated. (b) The finance officer or other person authorized to collect taxes shall enter on the execution the name of the person garnished and shall return the execution to the court. The subsequent proceedings on the garnishment shall be the same as on garnishments in cases when judgment has been obtained. 91A-1511. Time, place, and manner of sale; purchase by municipality; sale by municipality; recitals in tax deeds; proceeds of sale. (a) The time, place, and manner of the sale of real and personal property for taxes due to municipalities shall be the same as that provided by law for sheriffs' sales for State and county taxes. A sale for taxes due may be conducted by the marshal or duly authorized officer of the municipality and may be held in the council chamber or the usual place of meeting of the governing authority of the municipality.

"GA1978.1.473">

(b) If, during any sale of property by a municipality for taxes due and after the property has been cried a reasonable time, no one present at the sale bids an amount for the property being sold which is as much as the total of the tax due and the officer's cost due on the sale, then any duly appointed officer or agent of the municipality may bid in the property for the municipality. If the municipality purchases property at a sale, the marshal or other officer making the sale shall make to the municipality a deed to the property sold and shall deliver the deed to the officer designated by the municipality to receive it. Title acquired by a municipality at a tax sale and by a deed issued pursuant to the sale shall be as perfect, valid, and binding, after the period provided for redemption by the owner has elapsed and there is no redemption by the owner, as if purchased by any person other than the municipality. The marshal or other duly authorized officer making the sale shall put the municipality, through any officer or person the municipality designates, in possession of the property so sold. (c) Property acquired by a municipality pursuant to subsection (b) may be divested or alienated by the municipality only by public sale of the property to the highest bidder. However, when it is clearly shown to the municipal governing authority that returned or unreturned property has been sold and purchased by the governing authority to protect the taxes of the municipality and the cost of collecting the taxes and that the governing authority has not parted with title to the property, the governing authority may quitclaim the property, by unanimous vote, to the owner of the property at the time of purchase by the governing authority, or to his administrators, executors, heirs, or assigns, upon payment of all taxes which are due on the property and all costs due by reason of the sale. (d) Each municipality may pass appropriate ordinances and bylaws to carry into effect the provisions of this Section. (e) The recitals in a deed under a sale for municipal taxes shall be prima facie evidence of the facts recited in the deed. (f) The marshal of a municipality and other officers of the municipality whose duty it is to collect the taxes and other revenues of the municipality by levy and sale shall be subject to be ruled for money in the hands of the officer arising from the public sale of any property pursuant to any process issued by the municipality. Action

"GA1978.1.474">

pursuant to this Section may be taken either in the superior court, city court, or county court in the county where the municipality is located and shall be accomplished in the same manner as sheriffs and constables are ruled for the distribution of money coming into their hands from the sale of any property. (g) When an execution is placed in the hands of the marshal or other selling officer of any municipality with written notice to hold up the proceeds arising from the sale of any property of the defendant in fi. fa., the marshal or other selling officer, after first paying to the municipality the amount due on the process under which the sale was made, shall hold up the balance of the funds in his hands until he is ordered by the court first acquiring jurisdiction, under proper proceedings, to pay out the funds. 91A-1512. Chapter not applicable to counties. Nothing contained in this Chapter shall be construed to apply to any county, unless application to counties is expressly referred to in a particular provision of this Chapter. CHAPTER 91A-16. MISCELLANEOUS LOCAL ADMINISTRATIVE PROVISIONS 91A-1601. Refunds by counties and municipalities. (a) Each county and municipality may refund to taxpayers any and all taxes and license fees which are determined to have been erroneously or illegally assessed and collected from the taxpayers under the laws of this State or under the resolutions or ordinances of any county or municipality or which are determined to have been voluntarily or involuntarily overpaid by the taxpayers. (b) In any case in which it is determined that an erroneous or illegal collection of any tax or license fee has been made by a county or municipality or that a taxpayer has voluntarily or involuntarily overpaid any tax or license fee, the taxpayer from whom the tax or license fee was collected may file a claim for a refund with the governing authority of the county or municipality at any time within one year after the date of the payment of the tax or license fee to the county or municipality. The claim for refund shall be in writing and shall be in the form and shall contain the information required by the appropriate governing authority. The claim shall include a

"GA1978.1.475">

summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the governing authority in connection with any claim for a refund, he shall so specify in writing in the claim. If the claim conforms with the requirements of this Section, the governing authority shall grant a conference at a time specified by the governing authority. The governing authority shall consider information contained in the taxpayer's claim for a refund and such other information as is available. The governing authority shall approve or disapprove the taxpayer's claim and shall notify the taxpayer of its action. In the event any claim for refund is approved, the governing authority shall proceed under subsection (a) to give effect to the terms of subsection (a). No refund provided for in this Section shall be assignable. (c) Any taxpayer whose claim for refund is denied by the governing authority of the county or municipality or whose claim is not denied or approved by the governing authority within one year from the date of filing the claim shall have the right to sue for refund in the superior court of the county in which the claim arises. No suit or proceeding for the recovery of a refund shall be commenced before the expiration of one year from the date of filing the claim for refund unless the governing authority of the county or municipality involved renders a decision on the claim within the one-year period. No suit or proceeding for the recovery of a refund shall be commenced after the expiration of one year from the date the claim is denied. The one-year period prescribed in this subsection for filing suits for a refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the governing authority of the county or municipality during the one-year period or any extension of the one-year period. (d) Any refunds approved or allowed under the provisions of this Section shall be paid from funds of the county or municipality to which the taxes or license fees were originally paid. Refunds shall be paid within 60 days of the approval of the taxpayer's claim or within 60 days of the entry of a final decision in any suit for a refund. (e) The governing authority of any county, by resolution, and the governing authority of any municipality, by ordinance, may adopt rules and regulations governing the administration of the provisions

"GA1978.1.476">

of this Section and may delegate the administration of any provision of this Section, except the approval or disapproval of claims, to an appropriate department in local government. 91A-1602. Reserve funds of counties and municipalities; circumstances under which funds raised by taxation may be transferred to reserve; deposit or investment of reserve fund; tax levies and rates not affected. (a) Whenever the governing authority of any county or municipality determines that, because of unusual conditions, it is impractical to expend the funds raised by taxation for the purposes for which the taxes were levied and that it is for the best interest of the county or municipality and its citizens and taxpayers for public work to be postponed until more advantageous conditions prevail, the governing authority may order so much of the funds as it deems proper transferred to a fund to be known as the `reserve fund' of the county or municipality. The reserve fund may be deposited in the manner provided by law or may be invested in obligations of the United States. (b) A county or municipal governing authority may transfer, from time to time, to its reserve fund any accumulated overage in its general fund. (c) The county or municipal reserve fund shall be held until the governing authority determines that it is practical and advantageous to undertake public work needed in the county or municipality. Upon any such determination, the governing authority may order funds transferred from the reserve fund to any of the several funds or to the general fund of the county or municipality. Before any transfer from the reserve fund is made, the governing authority shall give notice of its intention to make the transfer and the purpose for which the transferred fund is to be expended by publication in its official organ in one issue not less than 10 days prior to the meeting of the governing authority at which the transfer is to be made. (d) The existence of a county or municipal reserve fund shall not prevent tax levies being made by the governing authority for the several purposes authorized by law in such rates as are necessary for the current or anticipated needs of the county or municipality to the same extent the governing authority could lawfully levy if no reserve fund was in existence.

"GA1978.1.477">

(e) When any county or municipal reserve fund is established, it shall be the duty of the governing authority to expend the fund for needed public work and improvements as rapidly as it deems practical. CHAPTER 91A-17. SCHOOL TAXATION 91A-1701. Power to levy and collect taxes. The governing authority of each county may levy and collect taxes for educational purposes in such amounts as the county authorities shall determine. Amounts collected from such taxes shall be appropriated to the use of the county board of education and the educational work directed by the county board of education. 91A-1702. County board of education to recommend school tax rate to county governing authority. The county board of education shall annually recommend to the governing authority of the county the rate of levy to be made for taxes for the support and maintenance of education in the county, exclusive of property located in independent school districts, and likewise shall notify the Commissioner of the rate of the levy to be made on such property in the county for the support and maintenance of education. 91A-1703. Public utility property subject to taxation; returns of property and distribution for taxation; school tax. (a) All real and personal property including, but not limited to, franchises belonging to a public utility which is required to make its returns to the Commissioner, when the property is within the taxable limits of any school district, shall be subject to taxation by the school district as fully and completely as is the property of the other persons within the taxable limits of the school district. (b) (1) It is the duty of every public utility, in addition to the facts otherwise required to be included in its returns to the Commissioner, to show in the return the fair market value of the public utility's property in each of the school districts through which it runs. For the purpose of enabling the public utility to show in its returns the fair market value of its property in the school districts, each county superintendent of schools shall furnish to each public utility information as to the boundaries of each school district in which the public utility may have property so as to enable the public utility to determine the amount of

"GA1978.1.478">

its property in the school district. The county superintendent of schools shall also furnish similar information whenever the boundaries of any school district are changed. (2) The rolling stock, franchises, and other personal property of public utilities shall be distributed to the school districts on the same basis that rolling stock, franchises, and other personal property are distributed to counties and municipalities as provided by law. (c) In all such cases where the taxes are authorized for school purposes in the counties or school districts, each public utility's annual return to the Commissioner shall set forth all its taxable property in the county or school district. The Commissioner shall assess the utility's property for school purposes at the same time and in the same manner as he is authorized by law to assess the property for ordinary county purposes, applying the school tax rate fixed by the school authorities in the counties or school districts. The school tax rate shall be certified and transmitted to the Commissioner by the county authorities at the same time they certify to the Commissioner the county tax rate for ordinary county purposes in cases of public utility property. The Commissioner shall use the same procedures for collecting the school tax, insofar as they can be applied, as are provided for the collection of county taxes due by public utilities in Chapter 91A-22. When it becomes necessary for the Commissioner to issue a tax fi. fa. for county purposes, as well as for school purposes, he may include the school tax in the fi. fa., specifying separately in the assessment and tax execution the amount of the county taxes for ordinary purposes and the amount for school purposes so that the tax commissioner or tax collector, after collecting the taxes, can pay over each tax to the proper person authorized by law to receive the tax. Should the taxpayer desire to contest the taxability of his property, as provided under this Section and Section 91A-1704, he may do so by petition in equity in the Superior Court of Fulton County. 91A-1704. Assessment by tax commissioners or tax receivers; school tax. When the property subject to school tax is returnable annually to the tax commissioner or tax receiver of the county, that officer shall assess the property at the valuation fixed in the annual returns, if that valuation is satisfactory to him. If the valuation fixed in the annual returns is not satisfactory to the tax commissioner or

"GA1978.1.479">

tax receiver, he shall make an assessment of the property within 30 days after receiving the return from the best information he can procure and he shall notify, in writing, the person or officer making the returns of the assessment. Each person or officer making a return may contest, within 20 days after receiving the notice, the taxability of the property. In lieu of requiring separate returns for purposes of school taxation, the assessment determined pursuant to this Section, when completed and entered upon the tax digest, shall be adopted and used by the county boards of education or other school authorities authorized by law to levy taxes for school purposes in counties or school districts. Should the taxpayer desire to contest the taxability of the property under this Section, he may do so by petition in equity in the superior court of the county where the property is assessed. 91A-1705. Collection of school taxes by tax commissioner or tax collector; commissions. The tax commissioner or tax collector shall continue to collect unpaid county school taxes and all county school taxes levied pursuant to Article VIII, Section VII, Paragraph I of the Constitution and shall be entitled to a commission of two and one-half percent for collecting the taxes. He shall pay over to the county board of education once a month all moneys collected for the schools. In those counties where the tax collector or tax commissioner is on a salary basis, the fees provided for in this Section shall be collected by him and paid over to the proper governing authority of the county. 91A-1706. Tax for maintaining independent school systems. (a) Each municipality authorized by law to maintain an independent school system may support and maintain the public common schools within the independent school system by levy of ad valorem taxes at the rate fixed by law, upon all taxable property within the limits of the municipality. The board of education of the municipality or other authority charged with the duty of operating the independent school system shall annually recommend to the governing authority of the municipality the rate of the tax levy to be made, within the limitations fixed by law, upon all taxable property within the limits of the municipality. Taxes levied and collected for support and maintenance of the independent school system by the municipal governing authority shall be appropriated, when collected, by the governing authority to the board of education or other authority charged with the duty of operating the independent school

"GA1978.1.480">

system. Funds appropriated to an independent school system shall be expended by the board of education or other authority charged with the duty of operating the independent school system only for educational purposes including, but not limited to, school lunch purposes. `School lunch purposes' shall include payment of costs and expenses incurred in the purchase of school lunchroom supplies; the purchase, replacement, or maintenance of school lunchroom equipment; the transportation, storage, and preparation of foods; and all current operating expenses incurred in the management and operation of school lunch programs in the public common schools of such independent school system. `School lunch purposes' shall not include the purchase of foods. (b) The provisions of this Section shall be cumulative of all existing general and local laws authorizing municipalities to levy taxes for the support of independent school systems permitted to be maintained by law. CHAPTER 91A-18. FRANCHISES 91A-1801. `Special franchise' defined. (a) As used in this Chapter, `special franchise' means: (1) Every right and privilege exercised within this State and granted to any person by the State or its authority, by any county or county officer, or by any municipality or municipal officer for the: (A) Exercise of the power of eminent domain. (B) Use of any public highway or street. (C) Use of land above or below any highway or street. (2) Every special right exercised within this State and granted by charter, resolution, statute, or otherwise, whether pursuant to the laws of this State or any other state, for the exercise of any public service including, but not limited to, the: (A) Construction and operation of railroads.

"GA1978.1.481">

(B) Common carrying of passengers or freight. (C) Construction and operation of any plant for the distribution and sale of gas, water, electric lights, electric power, steam heat, refrigerated air, or other substances by means of wires, pipes, or conduits laid under or above any street, alley, or highway. (D) Construction and operation of any telephone plant or telegraph plant. (3) All rights to conduct wharfage, dockage, or cranage business. (4) All rights to conduct any express business or for the operation of sleeping, palace, dining, or chair cars. (5) All rights and privileges to construct, maintain, or operate canals, toll roads, or toll bridges. (6) The right to carry on the business of maintaining equipment companies, navigation companies, freight depots, passenger depots, and every other like special function dependent upon the grant of public powers or privileges not allowed by law to individuals or involving the performance of any public service. (b) As used in this Chapter, `special franchise' does not include the mere right to be a corporation engaged in trading or manufacturing and exercising no franchise enumerated in subsection (a) of this Section. 91A-1802. Unenumerated franchises taxed how. Nothing in this Chapter shall be construed to exempt from taxation any franchise not enumerated in this Chapter. All franchises of value not provided for in this Chapter shall be returned for taxation and taxed pursuant to law as is other property. 91A-1803. Returns to Commissioner. On or before March 1 in each year, each person holding, or owning, and exercising any special franchise within the State shall make a special return, as of January 1 of that year, to the Commissioner. Each return made pursuant

"GA1978.1.482">

to this Section shall state the value of the special franchise as exercised within this State, shall particularly describe the special franchise, shall be accompanied by a certified copy of every statute, ordinance, resolution, contract, or grant pursuant to which the franchise is held, claimed, or owned, and shall be sworn to by the person making the return or by the chief executive officer of the corporation if the person owning and exercising the franchise is a corporation. When a certified copy has once been filed with the Commissioner as required by this Section, it shall not be necessary in any subsequent annual return to duplicate the certified copy and the filed certified copy shall be considered returned thereafter by reference to the copy filed as required by this Section. 91A-1804. Value of special franchises; how ascertained and taxed. (a) The Commissioner shall not be bound to accept the valuation fixed for a special franchise in the return made but shall review the return and valuation. When the Commissioner refuses to accept the return, the subsequent proceedings shall be in all particulars the same procedures as are provided by law in the case of refusal to accept the returns made by public utilities of their tangible property. (b) Special franchises shall be taxed at the same rate as other property upon the value of the special franchise as returned or, if the value returned is not accepted, upon the value determined by the Commissioner as provided in subsection (a). The tax on special franchises shall be levied and collected in the same manner as is provided by law in the case of the tangible property of public utilities. 91A-1805. Special franchises exercised in more than one county or municipality; apportionment of valuation; certification by Commissioner; collection of taxes. (a) In the case of any special franchise exercised beyond the limits of one county, municipality, or school district, the return provided for in this Chapter shall show, as in the case of telegraph lines, telephone lines, railroads, or steamboats, the number of miles over which the railroad, telegraph, telephone, or other franchise is exercised in each county, municipality, and school district. The information required by this Section shall be shown in the same manner as is required of a public utility for the return of its tangible property.

"GA1978.1.483">

(b) The valuation for taxation of special franchises in each county, municipality, and school district in or through which the franchise is exercised shall be apportioned to the county, municipality, and school district in the same manner as is provided by law for the apportionment of the tangible personal property of public utilities. (c) The Commissioner shall certify to every municipality and to the taxing authorities of every county the name of every special franchise taxable within the county, municipality, or school district and the amount of taxes due on the franchise to the county, municipality, or school district in the same manner as is provided by law in the case of public utilities. (d) Taxes due to each county, municipality, or school district on a special franchise shall be collected and enforced in the same manner as is provided by law in the case of other taxes due by public utilities to the county, municipality, or school district. 91A-1806. Deductions from special franchise tax owed to local governments and school districts. (a) The amount of all taxes and charges specified in subsection (b) which are paid, or liable to be paid, by a taxpayer in any tax year to a county, municipality, or school district may be deducted by the taxpayer from the amount of special franchise tax due or paid by the taxpayer in the same tax year to the county, municipality, or school district. (b) (1) Amounts of the following fees and charges may qualify for the deduction provided in subsection (a): (A) Gross receipts tax. (B) Income tax. (C) Occupation tax or charge. (D) Privilege tax or charge. (E) Charges due for the special franchise or privilege other than special franchise taxes.

"GA1978.1.484">

(2) Amounts of the following shall not qualify for the deduction provided in subsection (a) even if they would otherwise be qualified for the deduction pursuant to subsection (b) (1): (A) Ad valorem tax. (B) Charges for bridge rentals. (C) Charges or assessments for paving or repairing any street, highway, or public place. (c) No deduction may be taken pursuant to this Section when the deduction would result in a credit against special franchise tax due for the tax year to a county, municipality, or school district which is greater than the taxpayer's liability for the tax in the tax year. CHAPTER 91A-19. AD VALOREM TAXATION OF MOTOR VEHICLES AND MOBILE HOMES SUBCHAPTER A MOTOR VEHICLES 91A-1901. Motor vehicles classified as separate class of tangible property for ad valorem taxation purposes; procedures under Chapter to be exclusive. For the purposes of ad valorem taxation, motor vehicles are classified as a separate and distinct class of tangible property. The procedures prescribed by this Chapter for returning motor vehicles for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on motor vehicles shall be exclusive. 91A-1902. Definitions. As used in this Chapter: (a) `Dual control driver educational motor vehicle' means a motor vehicle which is equipped with two sets of driver controls and which is furnished and assigned to a public school in this State for use by the school in a program of driver education when:

"GA1978.1.485">

(1) The assignment is authorized and approved by the State Department of Education; and (2) An assignment number for identification purposes is issued by the Department of Education at the time of the approval and authorization of the assignment. (b) `Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. 91A-1903. Exemption from taxation. Dual control driver educational motor vehicles are found and declared to be public property, used exclusively for public purposes, and are exempted from any and all ad valorem taxes imposed by any taxing jurisdiction in this State. 91A-1904. Ad valorem taxes on motor vehicles owned by dealers. (a) Motor vehicles which are owned by a dealer are not included within the distinct classification of tangible property made by this Chapter for all other motor vehicles. The procedures prescribed in this Chapter for returning motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on motor vehicles do not apply to motor vehicles which are owned by a dealer. Motor vehicles which are owned by a dealer shall be returned for ad valorem taxation, shall be taxed, and the taxes on such motor vehicles shall be collected in the manner provided in this Section. (b) All wholesale and retail dealers shall return their inventory on the first work day of each calendar year. The inventory shall be substantiated by properly executed Department license forms prepared for that purpose on each motor vehicle in inventory and such forms shall show the identification numbers of each motor vehicle. The dealer's assessed value shall be 75 percent of the assessed value furnished by the Department for other motor vehicles. (c) The taxing authorities of each county shall determine the tax due on each dealer motor vehicle at the same tax rate as other motor vehicles, which taxes shall be paid as follows: the ad valorem taxes on motor vehicles held by a dealer for sale and sold between January 1 and April 1 are due and shall be paid on or before April 1. The ad valorem taxes on motor vehicles held by a dealer for sale

"GA1978.1.486">

and sold between April 1 and December 20 are due and shall be paid at the time the motor vehicle is sold. The ad valorem taxes on motor vehicles held by a dealer for sale but remaining unsold are due and shall be paid on December 20. Each appropriate motor vehicle license form shall then be marked `returned for tax purposes' so that each such motor vehicle may be sold and licensed and the ad valorem taxes paid as provided in this Chapter. (d) All new motor vehicles in transit and not actually in a dealer's inventory on January 1 of each year shall not be subject to taxation for that year. Dealers shall submit proof that each such motor vehicle was actually received after January 1 of that year. (e) For the purpose of this Section, `dealer' means any person who is engaged in the business of selling motor vehicles at retail and who holds a valid current dealer's identification number issued by the Department. 91A-1905. Ad valorem taxation on motor vehicles. Every motor vehicle owned in the State of Georgia on January 1 is subject to ad valorem taxation by the various taxing jurisdictions authorized to impose an ad valorem tax on property. Taxes shall be charged against the owner of the property, if the owner is known, and, if the owner is not known, against the specific property itself. For the purposes of this Chapter, motor vehicles which are purchased from a manufacturer by a franchised dealer shall not be deemed to be owned in Georgia until the actual physical possession of the motor vehicle is surrendered to the dealer. 91A-1906. Return for taxation; payment of due taxes; issuance of license tags. Each year every owner of a motor vehicle subject to taxation under the provisions of this Chapter shall return the same for taxation and pay the taxes due on the motor vehicle at the time the owner makes application for registration of his motor vehicle and the purchase of a license tag for the motor vehicle, or at the time of the first sale or transfer of the motor vehicle after December 31, or on April 1, whichever occurs first. If the owner of a motor vehicle returns his motor vehicle for taxation prior to the date that the application for the purchase of a license tag is required, he shall make application for the purchase of the tag at the time he returns the motor vehicle for taxation. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle

"GA1978.1.487">

for taxation as provided for in this Section, but no license plate need be purchased. Except as is provided for in Section 91A-1935 and for motor vehicles excluded pursuant to Section 91A-1904, no license tag for any motor vehicle shall be issued by the tax collector or tax commissioner until all ad valorem taxes which become due on the motor vehicle have been paid. 91A-1907. Procedure when taxing county differs from county of owner's residence. When a motor vehicle is purchased from a seller who is required to return the motor vehicle for ad valorem taxation in a county other than the county where the purchaser resides, the tax collector or tax commissioner of the county in which the motor vehicle is returned for taxation shall collect the required fee for the registration of the vehicle in addition to the ad valorem taxes due on the vehicle and, at the request of the purchaser, shall transmit the fee, the application for registration, and an appropriate certificate indicating that all ad valorem taxes due on the motor vehicle have been paid to the tax collector or tax commissioner of the county where the purchaser resides. Upon receipt of the fee and documents, the tax collector or tax commissioner of the county where the purchaser resides shall issue the required license tag. 91A-1908. Application for registration and purchase of tag to constitute return for taxation; form of application. The application for registration of a motor vehicle and the purchase of a tag for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation. The Commissioner is directed to prescribe a form which shall be used for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under the provisions of this Chapter. 91A-1909. Tax collectors and tax commissioners designated as agents of the Commissioner. All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as the agent of the Commissioner for the purpose of accepting applications for the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various local tax collectors and tax commissioners.

"GA1978.1.488">

91A-1910. Payment not required on motor vehicles not subject to ad valorem taxation. Nothing contained within this Chapter shall be construed so as to require the payment of an ad valorem tax prior to the purchase of a license tag for any motor vehicle: (a) Which is not subject to ad valorem taxation within this State. (b) Provided for in Section 91A-1904 which is not otherwise subject to ad valorem taxation under the provisions of this Chapter. [Code Sections 91A-1911 through 91A-1919 RESERVED] SUBCHAPTER B MOBILE HOMES 91A-1920. Mobile homes classified as separate class of tangible property for ad valorem taxation purposes; procedures under Chapter to be exclusive. For the purposes of ad valorem taxation, mobile homes are classified as a separate and distinct class of tangible property. The procedures prescribed by this Chapter for returning mobile homes for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on mobile homes shall be exclusive. 91A-1921. Mobile homes defined. For the purposes of this Chapter, `mobile homes' means mobile homes and relocatable homes as defined by Section 2 of `The Uniform Standards Code for Factory Manufactured Movable Homes Act' (Ga. Laws 1968, p. 416, as amended). Those mobile homes which qualify the taxpayer for homestead exemption under Georgia Law shall not be considered mobile homes and subject to the provisions of this Chapter. 91A-1922. Ad valorem taxes on mobile homes owned by dealers. (a) Mobile homes which are owned by a dealer are not included within the distinct classification of tangible property made by this Chapter for all other mobile homes. The procedures prescribed in this Chapter for returning such other mobile homes for ad valorem taxation, determining the applicable rates for taxation, and

"GA1978.1.489">

collecting the ad valorem taxes imposed on mobile homes do not apply to mobile homes which are owned by a dealer. Mobile homes which are owned by a dealer shall be returned for ad valorem taxation, shall be taxed, and the taxes shall be collected on such mobile homes in the manner provided in this Section. (b) All wholesale and retail dealers shall return their inventory on the first work day of each calendar year. The inventory shall be substantiated by properly executed Department forms prepared for that purpose on each mobile home in inventory and the forms shall show the identification numbers of each mobile home. The dealer's assessed value shall be 75 percent of the assessed value prescribed by the Department for other mobile homes. (c) The taxing authorities of each county shall determine the tax due on each dealer mobile home at the same tax rate as other mobile homes, which taxes shall be paid on or before April 1 of the calendar year. Each mobile home return form shall then be marked `returned for tax purposes' so that each mobile home may then be sold as if all ad valorem taxes had been paid for the current year under the provisions of this Chapter. (d) Each new mobile home in transit and not actually in a dealer's inventory on January 1 of each year shall not be subject to taxation for that year. Dealers shall submit proof that each such mobile home was actually received after January 1 of that year. (e) For the purpose of this Section, `dealer' means any person engaged in the business of selling mobile homes at wholesale or retail. 91A-1923. Ad valorem taxation on mobile homes. Every mobile home owned in the State of Georgia on January 1 is subject to ad valorem taxation by the various taxing jurisdictions authorized to impose an ad valorem tax on property. Taxes shall be charged against the owner of the property, if the owner is known, and, if the owner is not known, against the specific property itself. For the purposes of this Chapter, mobile homes which are purchased from a manufacturer by a franchised dealer shall not be deemed to be owned in Georgia until the actual physical possession of the mobile home is surrendered to the dealer.

"GA1978.1.490">

91A-1924. Issuance of mobile home location permits; decals. Each year every owner of a mobile home subject to taxation under the provisions of this Chapter shall obtain, on or before April 1, from the tax collector or tax commissioner of the county of residence of the mobile home owner a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. 91A-1925. Return for taxation; payment of due taxes. Each year every owner of a mobile home subject to taxation under the provisions of this Chapter shall return the mobile home for taxation, and shall pay the taxes due on the mobile home, at the time the owner makes application for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on April 1, whichever occurs first. If the owner of a mobile home returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall make application for the permit at the time he returns the mobile home for taxation. Except as is provided for mobile homes which are owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. 91A-1926. Procedure when taxing county differs from county of owner's residence. When a mobile home is purchased from a seller who is required to return the mobile home for ad valorem taxation in a county other than the purchaser's county of residence, the tax collector or tax commissioner of the county in which the mobile home is returned for taxation shall collect the required ad valorem taxes due and, at the request of the purchaser, shall transmit to the purchaser an appropriate certificate which shall indicate that all ad valorem taxes due on the mobile home have been paid. Upon receipt of the certificate the tax collector or tax commissioner of the purchaser's county of residence shall issue the required mobile home location permit and decal. [Code Sections 91A-1927 through 91A-1929 RESERVED]

"GA1978.1.491">

SUBCHAPTER C PROVISIONS APPLICABLE TO MOTOR VEHICLES AND MOBILE HOMES 91A-1930. Where motor vehicles and mobile homes to be returned for taxes. Each motor vehicle and each mobile home owned by a resident of this State shall be returned in the county of the owner's domicile or, if the motor vehicle or mobile home is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. Each motor vehicle and each mobile home owned by a nonresident shall be returned in the county where the motor vehicle or the mobile home is situated. 91A-1931. Penalty for failure to make return or pay taxes. Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1, whichever is greater, for the failure of the owner to make the return or pay the taxes in accordance with the provisions of this Chapter. 91A-1932. Tax collector or tax commissioner to collect ad valorem tax. The tax collector or tax commissioner receiving the return shall collect all ad valorem taxes imposed on a motor vehicle or mobile home, irrespective of the taxing authority levying the taxes. No other official shall be authorized to collect such taxes. 91A-1933. Uniform evaluation of motor vehicles and mobile homes. The Commissioner shall prepare annually and distribute to each of the tax collectors and tax commissioners a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles and uniform procedures for the evaluation of all mobile homes subject to the provisions of this Chapter. 91A-1934. Tax rate. Ad valorem taxes imposed on motor vehicles and mobile homes subject to the provisions of this Chapter shall be at the assessment level and mill rate levied by the taxing authority on tangible property for the previous calendar year. 91A-1935. Contest of tax assessment. Any owner who contests the assessment of an ad valorem tax against a motor vehicle may purchase the license plate without payment of the ad valorem tax

"GA1978.1.492">

assessed on the motor vehicle, and any owner who contests the assessment of an ad valorem tax against a mobile home may secure a decal for the year in question, by filing with the tax collector or tax commissioner an affidavit of illegality to the assessment together with a surety bond issued by a surety company authorized to do business in the State of Georgia or, in lieu of such bond, a bond to be approved by the clerk of the superior court of the county or a cash bond. Whichever bond is filed shall be in an amount equal to the tax and any penalties and interest which might be found to be due. The bond shall be made payable to the tax collector or tax commissioner and shall be conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and bond shall be transferred immediately by the tax collector or tax commissioner to the superior court, shall be filed in the superior court, and shall be tried as affidavits of illegality are tried in tax cases. Any owner who contests the value assessment of a motor vehicle or mobile home may appeal that assessed value. Each appeal shall be accomplished insofar as is applicable as provided for in Section 91A-1449. 91A-1936. Remittance of taxes collected. The tax collector or tax commissioner collecting the ad valorem taxes on motor vehicles and mobile homes as prescribed by this Chapter shall remit to the taxing authority imposing the tax such sums as have been collected, less the commissions provided in this Chapter, on or before the 15th day of the month following the month of collection. 91A-1937. Compensation of tax collectors and tax commissioners for collecting ad valorem taxes on motor vehicles and mobile homes. (a) The tax collector or tax commissioner shall be compensated for his services in collecting the ad valorem taxes on motor vehicles and mobile homes of the various taxing jurisdictions within his county by such jurisdiction, on all net collections made during any calendar year for each jurisdiction, as follows: (1) Up to and including $6,000 6 percent. (2) Over $6,000 and not exceeding $14,000 5 percent. (3) Over $14,000 and not exceeding $24,000 4 percent. (4) Over $24,000 and not exceeding $36,000 3 percent. (5) Over $36,000 and not exceeding $52,000 2-1/2 percent. (6) Over $52,000 and not exceeding $75,000 2 percent. (7) Over $76,000 1-3/4 percent.

"GA1978.1.493">

(b) In those instances which require individual adjustment, the schedule of commissions provided in subsection (a) may be changed and altered by the agreement of the parties concerned by contract. Provisions of laws now in effect covering such compensation shall not be repealed by this Chapter. (c) (1) All fees and commissions allowed local tax collectors and tax commissioners for collecting ad valorem taxes on motor vehicles and mobile homes shall be collected by such officials. In those instances where the officials are compensated by the fee system, the commissions shall be retained by the local officials as a part of their compensation. In those instances where the tax collector or tax commissioner has been placed upon a salary in lieu of the fee system of compensation, the fees and commissions shall be turned into the county treasury. (2) The provisions of paragraph (1) to the contrary notwithstanding, the fees and commissions provided for in this Section shall become the property of and shall be disposed of pursuant to the provisions of local Acts specifically providing for the disposition of such fees and commissions. 91A-1938. Value of motor vehicles and mobile homes to be included in tax digest. The value of all motor vehicles and all mobile homes returned for taxation during the current calendar year shall be added to the regular digest at the time the regular digest is transmitted to the Commissioner or at such other time as the digest is required to be compiled. The total of the regular digest and the value of returns required to be added pursuant to this Section shall be the tax digest. 91A-1939. Governing authority may expend county funds for additional help and equipment. The governing authority in each county may expend county funds to hire any additional help and to purchase any additional equipment as is, in the discretion of the governing authority, necessary to implement the provisions of this Chapter. [Chapter 91A-20 and 91A-21 RESERVED]

"GA1978.1.494">

CHAPTER 91A-22. AD VALOREM TAXATION OF PUBLIC UTILITIES IN GENERAL 91A-2201. Definitions. As used in this Chapter: (a) `Chief executive officer' means the owner, president, general manager, or agent having control of a public utility's offices or property in this State. (b) `Pertinent business factors' means data that reflects the use of the public utility's property including, but not limited to, data relating to gross revenue, net income, tons of freight carried, revenue ton miles, passenger miles, car miles, and comparable data. (c) `Pertinent mileage factors' means factual information as to the linear miles of the public utility's track, wire, lines, pipes, routes, similar operational routes, and miles traveled by the public utility's rolling stock or other property. 91A-2202. Returns by public utilities made to whom; time for making returns. The chief executive officer of each public utility shall be required to make an annual tax return of all property located in this State to the Commissioner. The return shall be made to the Commissioner on or before March 1 in each year and shall be current as of January 1 preceding. 91A-2203. Returns made how; returns to be itemized; apportionment. (a) The returns of each public utility shall be in writing and sworn to, under oath, by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued, so far as is practicable, to be taxed like all other property under the laws of the State of Georgia. The returns shall also include the capital stock, net annual profits, or gross receipts, or business, or income (gross, annual, net, or any other kind), for which the public utility is subject to taxation by the laws of this State. (b) (1) Each chief executive officer shall apportion, under rules and regulations promulgated by the Commissioner, the fair

"GA1978.1.495">

market value of his public utility's properties to this State, if the public utility owns property in states other than Georgia, and between the several tax jurisdictions in this State. (2) In promulgating the regulations specifying the method of apportionment, the Commissioner shall consider: (A) The location of the various classes of property; (B) The gross or net investment in the property; (C) Any other factor reflecting the public utility's investment in property; (D) Pertinent business factors reflecting the utility of the property; (E) Pertinent mileage factors; and (F) Any other factors which in the Commissioner's judgment are reasonably calculated to fairly and equitably apportion the property between the various tax jurisdictions. (3) Any reasonable value directly attributable to property physically located in one Georgia jurisdiction shall not be apportioned to any other Georgia jurisdiction. 91A-2204. Appeals to the State Board of Equalization. In all cases of assessment or correction of returns as provided by law, the taxpayer concerned shall be notified in writing by mail and, if the taxpayer is dissatisfied, it shall have a right of appeal, within 20 days after the notice, to the State Board of Equalization. The appeal shall be perfected by filing it in writing with the Commissioner. Otherwise, the appeal shall follow, as far as is practical, the procedure for an appeal by a taxpayer to his county board of equalization. 91A-2205. Returns of public utilities for county, municipal, and school tax purposes. The returns of public utilities for purposes of county, municipal, and school taxation shall be subject to the same inspection, objection, and assessment by the Commissioner, and appeal

"GA1978.1.496">

to the State Board of Equalization, as is provided by law for returns of such property for purposes of State taxation. 91A-2206. Chief executive officers to pay taxes assessed. Each chief executive officer shall pay to the Commissioner the taxes assessed upon the property of his public utility. 91A-2207. Time of payment of taxes. All chief executive officers shall pay the taxes in favor of the State on or before September 1 of the year returns are required to be made. 91A-2208. Nonresident sleeping-car companies. (a) Each nonresident person whose sleeping cars are run in this State shall be taxed as follows: (1) Ascertain the whole number of miles of railroad over which sleeping cars are run and the entire value of all sleeping cars of the person. (2) Then, tax the sleeping cars at the regular tax rate imposed upon the property in this State on a valuation based on the proportion to the entire value of the sleeping cars that the length of lines in this State over which the cars are run bears to the length of lines of all railroads over which the sleeping cars are run. (b) The returns shall be made to the Commissioner by the chief executive officer in control of the cars in this State. 91A-2209. Railroad equipment companies. (a) Any person owning, leasing, furnishing, or operating any kind of railroad cars, other than dining, buffet, chair, parlor, palace, or sleeping cars, on any railroad in this State shall be deemed a railroad equipment company. Every railroad equipment company shall be required to make returns to the Commissioner and shall be taxed as follows: (1) Ascertain the total number and the value of all cars of the railroad equipment company, the total car-wheel mileage made by the cars in the United States, and the total car-wheel mileage in Georgia.

"GA1978.1.497">

(2) Then, tax the cars at the regular rate imposed upon property in this State on a valuation based on the proportion to the entire value of the cars that the car-wheel mileage made in Georgia bears to the entire car-wheel mileage of the cars in the United States. (b) The returns shall be made to the Commissioner by the chief executive officer in control of the cars. 91A-2209.1. Illegality to resist tax; venue. If any public utility affected by this Chapter desires to resist the collection of the tax provided for in this Chapter or disputes the taxability of the property, the public utility through its chief executive officer or his personal representative, after making the return required in Section 91A-2202 and after paying the tax levied on the public utility and continuing to pay the tax while the question of its liability is undetermined, may resist the collection of the tax by filing an affidavit of illegality to the execution or other process issued by the Commissioner stating fully and distinctly the grounds of resistance. The affidavit of illegality shall be returnable to the Superior Court of Fulton County and shall be determined there as other illegalities are determined. An affidavit of illegality filed pursuant to this subsection shall have precedence over all cases in the court as to time of hearing and shall have the same right of motions for new trial and writs of error as in other cases of illegality. The Commissioner shall be represented by the Attorney General. If the grounds of an affidavit of illegality are not sustained, the Commissioner, after crediting the process with the amount paid, shall proceed to collect the residue due under the provisions of this Chapter. If at any time during the pendency of any litigation the public utility fails to pay the tax required to be paid as a condition of hearing, the illegality shall be dismissed and no second affidavit of illegality shall be allowed. The illegality may be amended as other affidavits of illegality are amended and shall always be accompanied by good bond and security for the payment of the tax execution issued by the Commissioner. 91A-2210. Rolling stock and other personal property of railroad companies. A railroad company operating a railroad lying partly in this State and partly in another state shall be taxed as to the rolling stock of the company and other personal property appurtenant to the rolling stock, and which is not permanently located in any of the

"GA1978.1.498">

states through which the railroad passes, on so much of the whole value of rolling stock and personal property as the length of the railroad in this State is proportional to the whole length of the railroad, without regard to the location of the head office of the railroad company. 91A-2211. Property assessed. (a) The Commissioner shall assess the amount of each railroad company's property in each of the counties of the State in the following manner: (1) First, it shall be assessed upon the property located in each county, upon the basis of the value given by the returns. (2) Second, the amount of tax to be assessed upon the rolling stock and other personal property is as follows: As the value of the property located in the particular county is to the value of the whole property, real and personal, of the company, such shall be the amount of rolling stock and other personal property to be distributed for taxing purposes to the county. (b) The value of the property located in the county and the share of the rolling stock and personal property thus ascertained, and apportioned to each of such counties, shall be the amount to be taxed to the extent of the assessment in each county. 91A-2212. Notice and demand by Commissioner to file return. When the chief executive officer or, if the chief executive officer is deceased, his personal representative refuses or fails to make returns in cases of property which should have been returned to the Commissioner as provided in this Chapter, the Commissioner shall notify, in writing, the chief executive officer or his personal representative of his delinquency and shall demand that a return of the property be made within 20 days. CHAPTER 91A-23. AD VALOREM TAXATION OF AIRLINE COMPANIES 91A-2301. Definitions. As used in this Chapter: (a) `Operated', `operating', and `operation' mean landings or takeoffs of aircraft by any airline company.

"GA1978.1.499">

(b) `Plane hours' means, for each type and model of aircraft, all hours in flight and all hours on the ground including, but not limited to, ground and air time associated with overhaul, maintenance, flight testing, and training. 91A-2302. Airline companies to make tax return of flight equipment. Each airline company operating in this State shall make an annual property tax return of its flight equipment to the Commissioner on or before March 1 in each year for the preceding calendar year. Each type and model of flight equipment shall be separately returned, valued, and apportioned as provided in this Chapter. 91A-2303. Commissioner to review returns. The Commissioner shall carefully scrutinize each return made to him and, if in his judgment it is necessary, he shall assess, adjust, equalize, and apportion the valuation of all aircraft of each airline company of a type or model operated in this State by the airline company by such type or model. The aircraft shall be valued by the Department in the same manner as other personal property in the State is valued. 91A-2304. Valuation of aircraft; apportionment among tax jurisdictions. The valuation of aircraft apportioned to this State shall be, for each type and model of aircraft, that portion of the total valuation of each type or model of aircraft as the ratio of Georgia plane hours bears to the total system plane hours for that type and model of aircraft. The value thus established shall be apportioned, for each type and model of aircraft among the tax jurisdictions in Georgia through which the aircraft company operates. The apportionment between the tax jurisdictions in Georgia shall be based as nearly as practicable upon plane hours. 91A-2305. Local tax jurisdictions to levy and collect tax. Each local tax jurisdiction to which the value of aircraft is apportioned shall add the apportioned value of the aircraft to its tax digest and shall levy and collect a tax upon the apportioned value as it does upon other taxable property subject to taxation in that jurisdiction. 91A-2306. Assessed values to be submitted to State Board of Equalization; appeals. The assessed values for flight equipment and aircraft shall be submitted by the Commissioner to the State Board of Equalization for its review in the same manner as is required by law for other classes of property which are returned for ad valorem

"GA1978.1.500">

tax purposes to the Commissioner. All appeals by taxpayers required to return their property under this Chapter shall be made in the manner otherwise provided by law for appeals by other taxpayers who are required to return their property for ad valorem taxation to the Commissioner. 91A-2307. Exclusive ad valorem tax. The ad valorem taxation, assessment, and methods of allocation authorized by this Chapter shall be in lieu of all other ad valorem taxation, assessments, and allocations upon the aircraft of airline companies. [Chapter 91A-24 through 91A-29 RESERVED] PART III. TAXATION OF INTANGIBLES CHAPTER 91A-30. REAL ESTATE TRANSFER TAX 91A-3001. What transfers taxable; amount. There is imposed a tax at the rate of $ 1 for the first $1,000 or fractional part of $1,000 and at the rate of 10 cents for each additional $100 or fractional part of $100 on each deed, instrument, or other writing by which any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance existing prior to the sale and not removed by the sale) exceeds $100. 91A-3002. Tax payable by whom. The tax imposed by this Chapter shall be paid by the person who executes the deed, instrument, or other writing or the person for whose use or benefit the deed, instrument, or other writing is executed. 91A-3003. Certain instruments exempted; exceptions. (a) The tax imposed by Section 91A-3001 shall not apply to: (1) Any instrument or writing given to secure a debt.

"GA1978.1.501">

(2) Any deed of gift. (3) Any instrument or writing executed by any agency or political subdivision of the State or of the United States Government or by any public authority or nonprofit public corporation. (4) Any lease of lands, tenements, standing timber, or other realty or any lease of any estate, interest, or usufruct in any lands, tenements, standing timber, or other realty. (5) Any transfer of real estate between a husband and wife in connection with a divorce case. (6) Any order for year's support awarding an interest in real property as provided in Section 113-1006.1. (7) 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 12 months prior to recording of the deed in lieu of foreclosure. (b) In order to exercise any exemption provided in this Section, the total consideration of the transfer shall be shown. 91A-3004. Collection of tax by clerk of superior court; fee for collection. (a) Each clerk of the superior courts of the several counties is designated as an agent of the Commissioner for the purpose of collecting the tax provided in this Chapter. Each such clerk may affix certificates on the deeds, instruments, or other writings with respect to which a tax is required to be paid pursuant to this Chapter. Each clerk shall also perform the duties provided in this Chapter. (b) In the performance of the duties imposed by this Chapter, each clerk of the superior court shall be entitled to a fee in addition to all other fees now or hereafter provided by law of 50 cents for each deed, instrument, or other writing with respect to which a tax is required to be paid as provided in this Chapter and filed for record and recorded in the county in which the clerk of the court holds office. The fee shall be withheld from the funds received from the tax and remitted to the Commissioner as provided in this Chapter. Fees withheld by a clerk shall be distributed as follows:

"GA1978.1.502">

(1) In the event the clerk withholding the fee is compensated on a salary basis, the amount of the fee withheld shall be paid into the treasury of the county. (2) In the event the clerk is not compensated on a salary basis, the amount of the fees withheld shall be retained by the clerk as compensation for the duties performed under this Chapter. 91A-3005. Payment prerequisite to filing; certification on instrument. (a) It is the intent of the General Assembly that the tax imposed by this Chapter be paid to the clerk of the superior court or his deputy prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Section 91A-3001. (b) No deed, instrument, or other writing as described in Section 91A-3001 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this State or of any county until and unless the tax imposed by this Chapter has been paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined based upon written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure shall be made on a form provided by the Commissioner. The contents of a disclosure made pursuant to this Section shall be confidential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. (d) Upon payment of the correct tax, the clerk of the superior court or his deputy shall enter upon or attach to the deed, instrument, or other writing a certification of the fact that the tax as imposed by this Chapter has been paid, the date, and the amount of the tax. The certification shall be signed by the clerk or deputy clerk receiving the tax. (e) The certificate entered upon or attached to the deed, instrument, or other writing shall be recorded with the deed, instrument, or other writing and shall be in the form required by the Commissioner. In each case, however, the certificate shall bear the signature

"GA1978.1.503">

of the clerk or his deputy. The certificate may be relied upon by subsequent purchasers or lenders as evidence that the proper tax has been paid. In the event any deed, instrument, or other writing upon which tax is imposed by this Chapter is required to be recorded in more than one county, the required tax shall be paid to the clerk or his deputy of the county in which the deed, instrument, or other writing is first recorded. 91A-3006. Remittance of funds to Commissioner; reports. Each clerk of the superior court shall remit to the Commissioner, at least once every 30 days and at more frequent intervals as the Commissioner may direct, all funds collected by the clerk from the tax provided in this Chapter and shall make appropriate reports as the Commissioner requires. 91A-3007. Refund of erroneously or illegally collected tax. (a) In any case in which the clerk of the superior court erroneously or illegally collects the tax imposed by this Chapter and remits the tax to the Commissioner, the taxpayer from whom the tax was collected, at any time within one year after the date of collection, may file a claim for refund with the Commissioner. Each claim for refund shall be made in writing and shall be accompanied by evidence supporting the claim that the collection was erroneous or illegal. The Commissioner or his delegate shall consider information contained in the taxpayer's claim for refund and other available information, shall approve or disapprove the claim, and shall notify the taxpayer of the decision. (b) A taxpayer whose claim for a refund is denied by the Commissioner or his delegate, or with respect to whose claim no decision is rendered by the Commissioner or his delegate within one year from the date of filing the claim, shall have the right to sue for a refund in the superior court of the county where the disputed tax was originally collected. The taxpayer shall bring the suit for refund against the clerk of the superior court of the county which originally collected the disputed tax. The Commissioner in his official capacity shall be made a party defendant to the suit in order that the interests of the State may be represented in the suit. The Attorney General shall represent both defendants in the suit. If it is determined in the suit that an amount claimed by the taxpayer was erroneously or illegally collected, the taxpayer shall be entitled to judgment against the defendant clerk of the superior court in his official capacity for

"GA1978.1.504">

the amount erroneously or illegally collected, without interest to the date of judgment. (c) If a claim for refund is allowed by the Commissioner as provided in subsection (a) of this Section or if the taxpayer obtains a final judgment as provided in subsection (b) of this Section, the Commissioner shall refund the amount erroneously or illegally collected from funds remitted from the clerk of the superior court who collected the tax. The payment shall be paid and charged in the same proportion that the disputed tax was originally distributed by the Commissioner as provided under this Chapter. 91A-3008. Distribution of tax revenues. All revenues derived from the tax imposed by this Chapter shall be distributed among the State and municipalities in which the real estate is situated and the county in which the real estate is situated in the same proportion that revenues derived from the taxes imposed by Chapter 91A-31, relating to taxation of intangible personal property, are divided. If the real estate is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the Commissioner. CHAPTER 91A-31. INTANGIBLE PERSONAL PROPERTY TAX 91A-3101. Definitions. As used in this Chapter: (a) `Collateral security loan' means a loan held by any broker and representing credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. (b) `Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits. 91A-3102. Classification of intangible personal property. Intangible personal property, for the purposes of ad valorem taxation, is classified as follows: (a) Money.

"GA1978.1.505">

(b) Collateral security loans. (c) Stocks. (d) Accounts receivable and notes not representing credits secured by real estate. (e) Bonds and debentures of all corporations. (f) Long-term notes secured by real estate. (g) Short-term notes secured by real estate. (h) Patents, copyrights, franchises, and all other classes and kinds of intangible personal property not otherwise enumerated. 91A-3103. Taxes on property classified as intangible personal property. (a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000 of the fair market value of all personal property classified for taxation as intangible personal property in Section 91A-3102. The tax is not levied by this paragraph on intangible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures. (2) Twenty-five cents upon each $1,000 of the fair market value of all collateral security loans. (3) One dollar upon each $1,000 of the fair market value of all stocks in all corporations except those specifically exempted by law. (4) One dollar upon each $1,000 of the fair market value of all bonds and debentures of all corporations. (b) Long-term notes secured by real estate, as defined in Chapter 91A-32, shall be recorded and taxed as provided in Chapter 91A-32.

"GA1978.1.506">

(c) Franchises and all shares of bank or banking associations including, but not limited to, Federal Land Banks, together with all moneyed capital in the hands of individual citizens of this State coming into competition with the business of national banks, shall be classified and taxed as provided in Chapter 91A-33. 91A-3104. Exclusion of other taxes; deduction of any indebtedness or liability from tax not allowed; accounts receivable and notes. (a) The taxes imposed in Section 91A-3103 shall be in lieu of all other State, county, municipal, and district property taxes on intangible personal property classified for taxation as specified in this Chapter. All intangible personal property not otherwise exempted shall be taxed without deduction of any indebtedness or liability of the taxpayer. (b) A sale or transfer of accounts receivable or notes not representing credits secured by real estate to a nonresident of this State shall be void so far as tax liability is concerned. Sales or transfers to nonresidents of accounts receivable or notes retaining any interest whatever to the seller shall be void as against tax liability. The physical removal of the accounts receivable and notes from the State by any person doing business in the State shall not avoid liability for the tax imposed in this Chapter. 91A-3105. Exemptions. The tax imposed by this Chapter shall not apply to: (a) Obligations or evidences of debt of the United States or of this State or its political subdivisions or public institutions. (b) Intangible personal property owned by a trust forming a part of a pension, profit-sharing, or stock bonus plan exempt from federal income tax under Section 401 of the Internal Revenue Code of 1954. (c) Intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of, a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person. (d) Intangible personal property owned by a person domiciled in this State which has acquired a taxable situs and is subjected to

"GA1978.1.507">

tax in another state incident to the conduct of business located in the other state. (e) Common voting stock of a subsidiary corporation not doing business in this State if at least 90 percent of the 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 the subsidiary. (f) Stock of a corporation organized under the laws of this State if the corporation pays all taxes in this State as provided for by law. (g) Stock of a domesticated foreign corporation if the corporation pays to this State or its political subdivisions all taxes as provided for by law. 91A-3106. Persons subject to tax on intangible personal property. Every resident or nonresident person (including, but not limited to, partnerships whose members are in whole or in part nonresidents of this State) is declared to be subject to the tax imposed in this Chapter on so much of his property taxable under this Chapter as has been acquired in the conduct of, or used incident to, business carried on or property located in this State. Each such person shall report the property and pay taxes on the property as provided in this Chapter. 91A-3107. Taxable situs of intangible trust property. The taxable situs of all intangible trust property, if the trust was or is created by a resident of this State, is fixed and declared, if the settler or maker is living, to be the county of this State of which the settler or maker of the trust is a resident or, if the settler or maker is deceased, the county of this State of which the settler or maker of the trust was a resident at the time of his death. 91A-3108. Returns of intangible personal property in detail. (a) Every person owning intangible personal property classified for taxation under this Chapter, except intangible personal property classified to be taxed as provided by law other than this Chapter, shall file a return of the property. The return shall:

"GA1978.1.508">

(1) Describe in detail each item (including exempt as well as taxable property except obligations of the United States). (2) Give a description of the property in the form required by the Commissioner. (3) Show the face value of each item of intangible personal property. (4) Show such other information pertaining to the return as reasonably required by the Commissioner. (5) Be filed with the Commissioner on or before April 15 in each year. (b) The return shall be separately sworn to and shall be filed by every owner of the intangible personal property taxable under this Chapter. (c) This Section shall not apply to intangible personal property belonging to: (1) The United States. (2) This State or any political subdivision of this State. (3) A religious, educational, or charitable organization. (4) A trust exempt from federal income taxes under Section 401 of the Internal Revenue Code of 1954. (5) A nonprofit cooperative association. (d) Money belonging to a person residing outside this State (except as provided in Section 91A-3106) shall be excluded from the requirement of a sworn statement and shall not be taxable. 91A-3109. Returns by fiduciaries. Any person (including, but not limited to, an agent) holding money belonging to others may make returns for the other persons and may pay the tax on the money as provided in this Chapter when authorized by the person owning the money.

"GA1978.1.509">

91A-3110. Banks may make returns for depositors; when. (a) Any bank or trust company organized under the laws of this State or the United States, having on deposit with it money subject to taxation under the terms of this Chapter, may make a return to the Commissioner for a taxpayer of the aggregate amount of money on deposit with the bank owned by the taxpayer and may pay the tax on the money, when authorized to make the return by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money on deposit with it which is subject to taxation under this Chapter and which is owned by the taxpayer authorizing the bank to make the return. The return shall state also the amount of money having a taxable situs in each county, municipality, or special taxing district in which any of the money has a taxable situs. (b) If a bank or trust company elects to make a return and pay the tax, any person having money on deposit on which the bank has made a return and paid the taxes shall be deemed to have made a return of his money for taxation if he states in his return the name of the bank or trust company authorized to make a return of money for taxation and to pay the tax on the money. (c) The amount of tax paid by any bank for a taxpayer shall be charged to the account of the taxpayer. 91A-3111. Failure to make return bars suit. Willful failure to list any property with the Commissioner for taxation as required by this Chapter shall be a bar to any action upon the property in any court and may be pleaded as a complete defense to the action, but the holder of the property may at any time pay all taxes, accrued interest, and penalties. Payment in full shall relieve the holder from the penalty provided in this Section. 91A-3112. Added penalty for failure to return intangible personal property. In addition to all other penalties and interest provided by law, every taxpayer failing to report for taxation all intangible personal property which it is his duty to report, as required by this Chapter, shall pay an additional penalty, as part of the tax imposed by this Chapter, in an amount equal to 25 percent of the original tax on property not listed. 91A-3113. Corporations to report owners of stocks and bonds. Every foreign corporation doing business or owning property in this

"GA1978.1.510">

State and each Georgia corporation, when the stocks and bonds of the foreign or Georgia corporation are subject to tax under this Chapter, shall on or before March 1 of each year make a true, correct, and verified report to the Commissioner. The report shall give, in the form required by the Commissioner, the names and addresses of persons in this State who held its shares of stock or its registered bonds on the immediately preceding January 1 and, in addition, a list of stock (or, in the case of a domestic corporation, preferred stock) or registered bonds transferred from such persons between November 1 and January 1 immediately preceding the date of the return. 91A-3114. Property transferred to evade tax. Intangible personal property transferred prior to January 1 to avoid the tax imposed by this Chapter or to secure a reduction in the rate of the tax imposed by this Chapter is subject to the tax levied by this Chapter. 91A-3115. Fixing of values. As soon as practicable after receipt of the returns of intangible personal property as required by this Chapter, the Commissioner shall examine each return and fix the value of the property contained in the return which can be centrally assessed. 91A-3116. Assessments certified to tax commissioners or tax receivers; notification of taxpayer; correction of errors. (a) The Commissioner shall certify the assessments fixed to the various tax commissioners or tax receivers with regard to the situs of the property. Each tax commissioner or tax receiver shall record the value certified by the Commissioner, shall make assessment of all property certified but not assessed, and shall cause the aggregate values so fixed to be entered on the property tax digest of the county. (b) At or before the time certification is made to local officials, the Commissioner shall notify the taxpayer of the assessment. The taxpayer shall have 15 days within which he may offer objections. (c) The Commissioner, in the event of an error, may make a corrected certification. In no event shall such a correction be made after the tax has become delinquent under the terms of this Chapter. 91A-3117. Commissions of tax receiver or tax commissioner. Notwithstanding the fact that the assessment of all except localized

"GA1978.1.511">

intangible personal property is fixed by the Commissioner, the tax receiver or tax commissioner shall be entitled for his service to his usual commissions as though he himself made the assessment. 91A-3118. Taxes collected by tax commissioner or tax collector. The taxes on property imposed by this Chapter at the rates fixed in this Chapter shall be collected by the tax commissioners or tax collectors subject to general provisions of law as to remuneration of the tax commissioner or tax collector and to all the remedies provided by law for enforcement or collection of real and tangible personal property taxes. 91A-3119. Distribution of revenue. The tax commissioner or tax collector, on the basis of his records and of certificates, which shall be supplied by each school district, municipality, and other taxing district in the county, shall distribute at least monthly the revenue collected from each owner of intangible personal property between the State and the various local taxing districts in the manner provided in this Chapter. Each year the millage rates used in the distributions of revenue under the provisions of this Section shall be based upon the immediately preceding year's millage rate of each participating taxing authority as provided in this Chapter. 91A-3120. Apportionment of intangibles tax revenue. Revenue derived from taxes on intangible personal property shall be divided among the State and all other taxing jurisdictions and districts (including, but not limited to, countywide and municipal districts) which levy a property tax on real and tangible personal property having the same taxable situs as the intangible personal property from which the revenue is derived. The distribution shall be made upon the proportion that the millage rate levied for the State and each such other taxing jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal property on which the intangible tax was collected. The tax levied in this Chapter shall be deemed to be levied by the participating taxing authorities in the proportion that the millage rate of each participating taxing authority bears to the aggregate millage rate of all the participating taxing authorities. 91A-3121. Distribution invalid; payment to State. In the event any distribution or part of a distribution as provided in this Chapter

"GA1978.1.512">

is adjudged to be invalid for any reason, the distribution or part of the distribution so invalidated shall be paid into the general fund of the State in the same manner and for the same purposes as provided in this Chapter as to the State's share of the revenues derived from the tax imposed by this Chapter. 91A-3122. Disposition of State's share of the revenue. The State's share of the revenue derived from the taxes imposed by this Chapter shall be paid to the Fiscal Division, to the credit of the general fund. 91A-3123. Bond on injunction. In all applications to restrain or enjoin the collection of any tax imposed by this Chapter, the judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the tax commissioner or tax collector in double the amount of the tax the collection of which is sought to be enjoined. The bond shall be approved by the clerk of the superior court and conditioned to pay the tax in the event petitioner does not finally prevail in his effort to resist the payment of the tax. If the petitioner does not finally prevail, the tax commissioner or tax collector shall bring suit on the bond and shall distribute the amount recovered according to the provisions of Sections 91A-3119, 91A-3120, and 91A-3121. 91A-3124. Application of income tax rules and regulations. The schedules required by this Chapter to be filed with the Commissioner shall be subject to: (a) The rules and regulations provided for the administration of income taxes insofar as they may be applicable. (b) The same provisions of law with respect to the right of the Commissioner to investigate the books and records of any taxpayer or agent of a taxpayer. (c) Hearings and appeals in all respects as provided by law for income taxes. CHAPTER 91A-32. INTANGIBLE RECORDING TAX 91A-3201. Definitions. As used in this Chapter:

"GA1978.1.513">

(a) `Long-term note secured by real estate' means any note representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose. (b) `Short-term note secured by real estate' means any note which would be a long-term note secured by real estate were it not for the fact that the whole of the principal of the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note. 91A-3202. Filing of instruments securing a long-term note; intangible recording tax; maximum tax. Every holder of a long-term note secured by real estate, within 90 days from the date of the instrument executed to secure the note, shall record the security instrument in the county in which is situated the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of the superior court for recording, the security instrument to the tax collector or tax commissioner of the county in which the real estate is situated. The tax collector or tax commissioner shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note and he shall collect from the holder of the long-term note an intangible recording tax measured by the amount of the debt as evidenced in the security instrument at the rate of $1.50 for each $500 or fraction thereof of the face amount of the note secured by the security instrument. The maximum amount of any intangible recording tax payable, as provided in this Section, with respect to any single note shall be $25,000 tax. 91A-3203. Tax on long-term notes; record of tax payment; filing notice without payment of tax; exception. (a) (1) Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the collector or tax commissioner shall enter upon or attach to the security instrument a certification of the fact that the intangible

"GA1978.1.514">

recording tax as provided by Section 91A-3202 has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy. The holder of a long-term note upon which the tax has been paid as provided by this Chapter 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 may then file the security instrument for record. It is the intention of the General Assembly that the intangible tax levied by Section 91A-3202 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 the note with the clerk of the superior court and that the clerk of the superior court shall not be permitted to file the instrument for record unless the security instrument discloses on its face the principal amount of the note, the date executed, the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon the note. (2) 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 of the note in and to the real estate which, under that instrument, secures a long-term note and the provisions of this sentence shall apply even if the intangibles tax, interest, and penalty, if any, required by this Chapter have not been paid. (3) The certificate entered upon or attached to the security instrument shall be recorded with the security instrument, shall be in the form required by the Commissioner, and shall in each instance bear the signature of the tax collector or tax commissioner or his deputy. (b) In the case of a new note or modification of a preexisting note, when the new note or modification is taxable under the provisions of Section 91A-3202 and is secured by a previously recorded instrument which requires no further recordation, the holder of the note, in lieu of recording a new or amended instrument as provided for in subsection (a) of this Section, may elect alternatively to execute a sworn affidavit in the form required by the Commissioner setting forth the information required by Section 91A-3204. The

"GA1978.1.515">

holder of the note shall present the sworn affidavit to the tax collector or tax commissioner of the county in which the real estate is situated. The tax collector or tax commissioner shall collect from the holder the tax due under Section 91A-3202 and, upon payment of the tax, shall enter upon or attach to the affidavit the certification provided for in subsection (a) of this Section. The certification shall evidence the payment of the required tax with respect to the new note or modification. 91A-3204. Instrument encumbering or conveying real estate to show correct amount secured and date. Every instrument conveying, encumbering, or creating a lien upon real estate shall set forth in words and figures the correct amount of the note secured by the instrument and the date upon which the note falls due. When the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note, a statement of that fact in lieu of specifying the date upon which the note falls due may be made in the security instrument and shall constitute sufficient compliance with this requirement. The inclusion in the instrument of a provision that the instrument secures all other indebtedness then existing or thereafter incurred shall not require the setting forth in the instrument of existing indebtedness for loans not made on the security of the instrument. 91A-3205. Bond for title in absence of security deed; recording and tax. Any seller of real estate who retains title to the real estate as security for the purchase price and who does not convey title to the purchaser and take back a deed to secure debt shall execute and deliver to the purchaser a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of the indebtedness. If any part of the purchase price falls due more than three years from the date of the instrument, the seller shall have the instrument recorded, before delivery of the bond for title, in the county where the land is situated and shall pay the tax required by this Chapter on account of the instrument. 91A-3206. Reports and remittances by tax collector or tax commissioner; compensation; failure to remit as breach of official duty. Each tax collector and tax commissioner shall make a report to the Commissioner, on the first day of each month on forms prescribed by the Commissioner, of all sums collected under this Chapter for the preceding month. Each report shall additionally show the principal

"GA1978.1.516">

amount of the note, the date of execution, and the maturity date of the note as disclosed from the face of the security instrument to be recorded. The tax collector or tax commissioner shall retain six percent of the tax collected as compensation for his services in collecting the tax. All such taxes shall be deemed to have been collected by the tax collector or tax commissioner in his official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the tax collector or tax commissioner. In each county in which the tax collector or tax commissioner is on a salary, the six percent allowed by this Section as compensation shall be paid into the county treasury and shall become county property. The long-term notes secured by real estate upon which this tax is imposed shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the six percent commission permitted under this Chapter for collection and distribution of this tax by the tax collector or tax commissioner shall be the only compensation permitted to any county official with respect to this tax. However, in counties having a population of more than 300,000 according to the census, the commission allowed under this Chapter as compensation to the tax collector or tax commissioner shall be four percent. 91A-3207. Procedure where encumbered real estate situated in more than one county; where encumbrance covers property within and without State and is held by nonresident of State. (a) If any instrument required to be recorded by this Chapter conveys, encumbers, or creates a lien upon real estate situated in more than one county, the tax required by this Chapter shall be paid to the tax collector or tax commissioner of the county in which the instrument is first recorded. When the certificate of the tax collector or tax commissioner acknowledging that the tax imposed by Section 91A-3202 has been paid has been entered on the security instrument, the instrument upon which the certificate is attached may thereafter be recorded in any other county of this State without payment of any further tax. (b) If any instrument conveying, encumbering, or creating a lien on real estate located within and without Georgia as security for a long-term note is held by a nonresident of the State when presented for recording under this Chapter, the tax required by this Chapter shall be that proportion of the tax which would otherwise

"GA1978.1.517">

be required under this Chapter that the value of the real estate within Georgia bears to the total value of all the real estate within and without the State described in the instrument. All such values shall be certified under oath by the holder presenting the instrument for record. 91A-3208. Encumbrances on real estate outside of State. Every resident owner of a long-term note secured by real estate outside of this State including, but not limited to, domestic corporations and foreign corporations having their principal places of business in Georgia shall file, in lieu of recording the instrument securing any such note, at such periodic intervals as the Commissioner by regulation designates a memorandum of the instrument with the Commissioner, on forms prescribed by the Commissioner. At the same time as the memorandum is filed, the owner of the note shall pay to the Commissioner the amount of the tax required by this Chapter with respect to the instrument. The revenue from each such instrument shall be distributed to the State, counties, and municipalities as if the real estate securing the instrument was located in the county of the domicile of the taxpayer or, if the taxpayer is a corporation, in the county of the principal place of business of the taxpayer. 91A-3209. Failure to pay intangible recording tax; bar to foreclosure action; exceptions. (a) Failure to pay the tax levied by this Chapter shall constitute a bar to the collection by any suit, foreclosure, the exercise of any power of sale, or otherwise, of the indebtedness secured by any instrument required by this Chapter to be recorded, whether such instrument is held by an original party to the instrument or by a transferee. The bar may be removed by the payment of the tax required, plus interest at nine percent per annum from the time the tax was due, plus a penalty of 50 percent of the amount of the tax. (b) The failure to pay the tax shall not constitute a bar to the collection of the indebtedness, as provided in subsection (a), when the Commissioner has determined that the tax is not payable. (c) The Commissioner may waive the penalty provided for in subsection (a) if he determines that the failure to pay the tax was through ignorance of the law, or inadvertence, and that the failure did not occur out of bad faith.

"GA1978.1.518">

(d) The provisions of this Section shall not apply to instruments acquired: (1) Prior to January 1, 1954. (2) At a time when the holder of the note or instrument was otherwise exempt from the payment of the tax imposed by this Chapter. 91A-3210. Commissioner to determine whether tax is payable; procedure. The 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 intangible recording tax provided in this Chapter 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 Department as a permanent and public record. Nonpayment of the tax provided for in this Chapter, with respect to a real estate instrument filed for record, in reliance upon a determination rendered by the Commissioner pursuant to this Section shall not constitute a bar, as provided in Section 91A-3209, to the collection of the indebtedness. 91A-3211. Taxation of short-term notes secured by real estate; exemptions. (a) Short-term notes secured by real estate shall be taxed ad valorem at the rate prescribed for other intangible property in Section 91A-3103 (a). (b) Nothing contained in this Section shall be construed to require the payment of such ad valorem taxes on short-term notes by banks, savings and loan associations, building and loan associations, or any institutions exempted by Chapter 91A-31. 91A-3212. Tax imposed on long-term and short-term notes secured by realty as exclusive. (a) The tax required by this Chapter to be paid on account of long-term notes secured by real estate and the ad valorem tax required to be paid by this Chapter upon short-term notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any

"GA1978.1.519">

manner other than as provided in this Chapter by the State, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property. (b) Nothing contained in this Section shall be construed to exempt any owner or holder of property taxed pursuant to this Chapter from income taxes otherwise due on account of income derived from the property. 91A-3213. No additional tax for extension, transfer, assignment, etc., of instrument. No tax other than as provided in this Chapter 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 of original indebtedness secured by an instrument subject to the tax imposed by Section 91A-3202 when: (a) It affirmatively appears that the tax as provided by this Chapter has been paid on the original security instrument recorded. (b) The original note or the holder of the note was exempt from the tax provided for in Section 91A-3202 by virtue of any other provision of law. 91A-3214. Distribution of revenues from tax imposed by this Chapter. All revenues derived from the intangible recording tax imposed by this Chapter including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the State, county, and municipality in which the real estate is situated in the same proportion that revenues derived from the intangible personal property tax imposed by Chapter 91A-31 are divided. If the real estate is situated in more than one county, the appropriate portion of the intangible recording tax shall be equitably divided by the Commissioner among the affected counties. 91A-3215. Procedure when tax collector or tax commissioner is absent or office is vacant. In the event the tax collector or tax commissioner required to collect the tax imposed by Section 91A-3202 is temporarily absent from his office for reasons of health, vacation, or otherwise, he shall designate the clerk of the superior court or other qualified person as deputy to be on duty to collect the intangible recording

"GA1978.1.520">

tax in his absence. In the event of death of the tax collector or tax commissioner, the governing authority of the county shall immediately designate the clerk of the superior court or other qualified person to collect this tax until a new tax collector or tax commissioner qualifies for the position as required by law. 91A-3216. Procedure for protesting intangible recording tax; payment of tax under protest; special escrow fund. (a) If a taxpayer files with the tax collector or tax commissioner, at the time of payment of tax as provided in Section 91A-3202, a written protest, in duplicate, of the collection or any part of the collection of the tax as erroneous or illegal, the tax collector or tax commissioner receiving the payment under written protest shall be deemed to have made a conditional collection of the protested amount of the payment. Each such protested collection shall be effective to discharge any duty of the taxpayer to pay the tax and to require the 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 91A-3203, of the fact that the intangible recording tax as provided by Section 91A-3202 has been paid. Each collection as provided in this Section shall be subject to the conditions set forth in this Chapter as to refund upon determination by the Commissioner or by final judgment in a refund suit that the collection was erroneous or illegal. (b) A tax collector or tax commissioner receiving a payment under written protest shall deposit the protested amount of the payment in a separate account in a bank approved as a depository for State funds, shall hold the protected amount as a special escrow fund for the purposes provided in this Chapter, and, except as provided in this Section, shall not make distribution of the amount under the provisions of Section 91A-3214 or retain from the amount or pay into the county treasury any amount as a commission under Section 91A-3206. Immediately upon receiving a payment under written protest, the tax collector or tax commissioner shall forward to the Commissioner one executed copy of the protest. (c) The taxpayer making a payment under written protest may file, at any time within 30 days after the date of the payment, a claim for refund of the protested amount of the payment with the Commissioner. Each claim shall be in writing, shall be in the form

"GA1978.1.521">

and contain such information as the Commissioner requires, and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 30-day period with the tax collector or tax commissioner or his successor who collected the protested amount. (d) The Commissioner shall consider the claim for refund and shall approve or deny it and notify the taxpayer and the tax collector or tax commissioner (or his successor) who collected the protested amount of his action. If the Commissioner approves the claim in whole or in part, the tax collector or tax commissioner (or his successor) shall forthwith pay to the taxpayer the amount so approved, without interest, from the special escrow fund held by him and no appropriation or further authorization shall be necessary to authorize and require the payment to the taxpayer from the special escrow fund. (e) (1) Any taxpayer whose claim for refund is denied entirely or in part by the Commissioner, or with respect to whose claim no decision is rendered by the Commissioner within 30 days from the date of filing the claim, shall have the right to bring suit for refund of the amount so claimed and not approved against the tax collector or tax commissioner (or his successor) who collected the amount, in his official capacity, in the superior court of the county whose official collected the amount. (2) No suit for refund shall be brought after the expiration of 60 days from the date of denial by the Commissioner of the taxpayer's claim for refund. (3) For the purposes of this Section, a failure by the Commissioner to grant or deny the taxpayer's claim for refund within the 30-day period shall not constitute a constructive denial of the claim. (f) The Commissioner in his official capacity shall be made a party defendant to each suit for refund in order that the interests of the State may be represented in the suit and the Attorney General shall represent the defendants in each such suit. If it is determined in the suit that the amount claimed in the suit by the taxpayer was erroneously or illegal collected from the taxpayer, the taxpayer

"GA1978.1.522">

shall be entitled to judgment against the defendant county tax official in his official capacity for the amount erroneously or illegally collected, 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 Commissioner as part of the expenses of administering this Chapter. 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 special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require the payment of a judgment from the special escrow fund. (g) (1) Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, upon expiration of the period for filing suit for refund of a protested payment without any suit being filed, upon dismissal of the suit by the taxpayer, or upon final judgment in such a suit, whichever occurs first, the tax collector or tax commissioner holding the protested amount in a special escrow fund shall retain from that portion of the amount which is not payable to the protesting taxpayer in accordance with the provisions of this Section or pay into the county treasury, as provided in Section 91A-3206, the percentage of such portion which is allowed by Section 91A-3206 as compensation for his services in collecting the tax. (2) The balance of the portion, after the deduction provided in subsection (1), shall be distributed as provided in Section 91A-3214 with respect to revenues derived, for the year during which the amount was paid by the taxpayer, from the intangible recording tax imposed by this Chapter. 91A-3217. Distribution of proceeds; reports of collections. The intangible recording tax imposed upon long-term notes secured by real estate by Section 91A-3202 shall be collected by the tax collector or tax commissioner of the county in which the taxes were collected and he shall make the distributions as provided in Chapter 91A-31. If the Commissioner requires, a report shall be made by the tax collector or tax commissioner to the Commissioner showing all taxes collected and remitted under this Chapter.

"GA1978.1.523">

CHAPTER 91A-33. TAXATION OF FINANCIAL INSTITUTIONS 91A-3301. Banks and banking associations. (a) (1) No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or of the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or nonresident owners, shall be returned and taxed at their fair market value is hereby fixed and shall be determined by adding together the amount of the capital stock, paid-in capital, appropriated retained earnings, and retained earnings as defined in the Financial Institutions Code of Georgia (Title 41A) and as shown on the unconsolidated statement of condition of the bank or banking association as of January 1 next preceding the date of making the return as required in this Section and dividing the result by the number of outstanding shares, at the same rate provided by law for the taxation of tangible personal property in the hands of private individuals. (2) Nothing in this Section shall be construed to relieve a bank or banking association from the tax on real estate held or owned by it. All such real estate shall be returned at its fair market value in the county, municipality, and taxing district where the real estate is located. When real estate is fully paid for, the fair market value at which it is returned for taxation may be deducted from the fair market value of the shares of the bank and banking association. If the real estate is not fully paid for, only the value at which the equity owned by the bank or banking association in the real estate is returned for taxation shall be deducted from the fair market value of the shares of the bank or banking association. There shall also be deducted from the fair market value of the shares any portion included in the fair market value and representing: (A) Investments in subsidiary banks which themselves are subject to the tax imposed by this Section. (B) The bank's share of undistributed earnings of such other subsidiaries subject to Georgia corporate taxes.

"GA1978.1.524">

(C) Capital reserves to the extent that the reserves are not unreasonable. (b) The banks or banking associations themselves shall make the returns on or before April 1 of each year of their shares and pay the taxes on the shares as provided in this Section. Each bank or banking association which has no branches shall return all of the shares of all stockholders of the bank or banking association for taxation in the counties, municipalities, and districts in which the bank or banking association is located. Each bank or banking association which has branches shall return for taxation in the respective counties, municipalities, and districts in which the bank or banking association and its branches are located such proportion of the shares of all stockholders of the bank or banking association as the total deposits on January 1 of each year originating in accounts attributable to each of all such branches and the main office bear to the grand total of all deposits on January 1 of each tax year of the bank or banking association and shall pay to the respective counties, municipalities, and taxing districts the taxes on such proportions of the shares. (c) At the time that a bank or banking association makes its tax returns in the counties, municipalities, and taxing districts, the bank or banking association shall file with the return a sworn statement showing the total amount of deposits of the bank or banking association on January 1 of the tax year and the amount of the deposits on January 1 of the tax year originating in accounts attributable to the main office and attributable to the branch offices of the bank or banking association. The taxing authorities of each county, municipality, and taxing district are authorized to examine the books of the bank or banking association to determine the correctness of the sworn statement and may disallow any unreasonable unallocated reserves. (d) Banks and trust companies doing a general banking business shall not be required to pay any State income tax, State franchise tax, or city or county business license taxes. (e) When a bank or banking association organized under the authority of this State or of the United States located within this State owns all of the capital stock of a corporation holding, leasing, or owning premises in and on which the bank carries on its business

"GA1978.1.525">

and an ad valorem tax is levied on such real estate, the bank or banking association may deduct from the fair market value of its shares the fair market value of its equity in the real estate. The fair market value of the real estate shall be measured by the fair market value of the capital stock of the bank or banking association in the holding corporation. (f) A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall be wholly ineffective for such purpose. The bank or banking association making any such transfer shall pay to the county, municipality, and taxing district from which the transfer was made, in addition to the tax imposed by this Section, 25 percent of that part of the taxes on its shares which would have been avoided if the transfer had changed the situs of taxation of a proportion of its shares. (g) No tax shall be assessed, imposed, or levied with respect to tangible personal property owned by any bank or banking association organized under the laws of this State or the United States. 91A-3302. State building and loan associations and federal saving and loan associations. (a) (1) As in the case of other property, every State building and loan association organized under the authority of this State and every federal savings and loan association located within this State shall return its net worth for State and county ad valorem taxation at fair market value to the tax commissioner or tax receiver of the county in which the principal office of the State or federal savings and loan association is situated. (2) As in the case of other property, every such savings and loan association shall return, in like manner, its net worth for taxation by the municipal corporation in which its principal office is situated. (3) State building and loan associations and federal savings and loan associations shall make the returns required by this Section on or before April 1 of each year and pay the taxes as provided in this Section. Every such return shall set forth the fair market value of the net worth as of January 1 of such year.

"GA1978.1.526">

(4) As used in this Section, `net worth' means all surplus, undivided profits, and reserves exclusive of the minimum statutory federal insurance reserve in the case of federal associations or the minimum State required reserve in the case of State-chartered associations. (b) (1) Each State building and loan association and federal savings and loan association shall return the real estate held or owned by it at its fair market value in the county where the real property is located. (2) When real estate is fully paid for, the fair market value at which it is returned for taxation by the savings and loan association which owns it may be deducted from the fair market value of the net worth of the savings and loan associations and, if the real estate is not fully paid for, only the fair market value at which the equity owned by the association in the real estate is returned for taxation shall be deducted from the fair market value of the association's net worth. (3) Each branch savings and loan association shall be taxed on the fair market value of the net worth arising from its operation in the county, municipality, and district in which it is located. The parent association shall be relieved of taxation to the extent of the net worth of each branch taxed pursuant to this Paragraph. (c) State building and loan associations and federal savings and loan associations shall not be required to pay State income tax, State franchise tax, or city or county business license taxes. (d) No tax shall be assessed, imposed, or levied with respect to tangible personal property owned by any building and loan association or savings and loan association organized under the laws of this State or of the United States. 91A-3303. Certain intangibles taxed as provided in this Chapter. Franchises and all shares of banks or banking associations including, but not limited to, Federal Land Banks, together with all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of national banks, are classified to be taxed as provided by this Chapter and shall not be

"GA1978.1.527">

subject to the provisions of Chapter 91A-31, relating to intangible personal property taxes. 91A-3304. Commissioner may promulgate certain rules. The Commissioner may promulgate rules and regulations to require State and national banking associations, federal savings and loan associations, and State building and loan associations to file information returns relative to State income taxes and other forms of taxation. 91A-3305. Capital competing with national banks. All moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of national banks shall be subject to tax at the same rate which is applicable to the national banks. 91A-3306. Taxation of banks to be as provided in this Chapter; exception. (a) Banks chartered under the laws of this State and building and loan associations organized under the laws of this State, which accept funds for deposit and submit to examination by the Commissioner of Banking and Finance of this State, and banks and savings and loan associations chartered under the laws of the United States shall be taxed as provided by this Chapter. Neither such banks nor such building and loan associations, nor their assets, shall be subject to the provisions of Chapter 91A-31. (b) Nothing contained in this Section shall be construed to exempt from the provisions of Chapter 91A-31 any person licensed to carry on a small loan business under the provisions of Chapter 25-3. [Chapter 91A-34 RESERVED] PART IV. INCOME TAXES CHAPTER 91A-35. IN GENERAL 91A-3501. Definitions. As used in this Part:

"GA1978.1.528">

(a) `Corporation' includes all associations, professional associations organized pursuant to the Georgia Professional Association Act (Ga. Laws 1961, p. 404, Chapter 84-43), and insurance companies. (b) `Deficiency' means the amount by which the tax imposed by this Part or any prior law exceeds the amount shown as the tax by the taxpayer upon his return or, if no amount is shown as the tax by a taxpayer upon his return or no return is made by the taxpayer, the amount determined by the Commissioner to be the correct amount of the tax. (c) `Dividend', when used for the purpose of defining a taxable dividend, means any distribution made by a corporation out of its earnings or profits to its shareholders or members whether the distribution is made in cash, other property, or a stock different from the stock on which the dividend is paid. `Dividend' also includes, but is not limited to, the portion of the assets of a corporation distributed at the time of dissolution which is in effect a distribution of earnings. (d) `Fiscal year' means an accounting period of 12 months ending on the last day of any month other than December. In the case of any taxpayer who has elected a year consisting of 52 to 53 weeks for federal income tax purposes, the term means the period so elected. (e) `Income tax day' means December 31 of each calendar year or, if a person can show to the satisfaction of the Commissioner that the person has already established the fiscal year as his taxable year for income tax reporting purposes, the last day of the person's fiscal year. (f) `Nonresidents' includes taxable nonresidents and nontaxable nonresidents. (g) `Nontaxable nonresident' means every individual who is not otherwise a resident of this State or a taxable nonresident of this State. (h) `Paid', for the purpose of the deductions under this Part, means `paid or accrued' or `paid or incurred'. The words, `paid or

"GA1978.1.529">

accrued,' `paid or incurred,' and `incurred', shall be construed according to the method of accounting upon the basis of which the net income is computed under this Part. (i) `Received', for the purpose of the computation of the net income under this Part, means `received or accrued'. The words, `received or accrued', shall be construed according to the method of accounting upon the basis of which the net income is computed under this Part. (j) `Resident' means: (1) Every individual who is a legal resident of this State on income tax day. (2) Every individual who, though not necessarily a legal resident of this State, nevertheless resides within this State on income tax day on a more or less regular or permanent basis and not on the temporary or transitory basis of a visitor or sojourner. (3) Every individual who on income tax day has been residing within this State for 183 days or part-days, or longer, in the aggregate, of the immediately preceding 365-day period. (4) Every individual who, having become a resident of this State for income tax purposes by reason of paragraphs (1) and (2) of this subsection, is deemed to continue to be a resident of this State until the person shows to the satisfaction of the Commissioner that he has become a legal resident or domiciliary of another state and that he does not come within paragraph (3) of this subsection. Upon such a showing, with respect to any 12-month period immediately preceding income tax day, the person shall be taxable as a resident of this State only to the date of becoming a nonresident on an apportionment basis as prescribed in Section 91A-3808. (5) Every individual who becomes a resident of this State for income tax purposes under paragraphs (1) and (2) of this subsection for the first time during the 12-month period immediately preceding income tax day and who does not otherwise come within paragraph (3) of this subsection shall be taxable as a resident only from the date of becoming a resident on an apportionment basis as prescribed in Section 91A-3808.

"GA1978.1.530">

(k) `Taxable nonresident' means: (1) Every individual who is not otherwise a resident of this State for income tax purposes and who regularly, and not casually or intermittently, engages within this State, himself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit including, but not limited to, the rental of real or personal property located within this State or for use within this State. `Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this State consists of performing services in this State for an employer when the remuneration for the services does not exceed five percent of the income received by the person for performing services in all places during any taxable year. (2) Every individual who is not otherwise a resident of this State for income tax purposes and who sells, exchanges, or otherwise disposes of tangible property which at the time of the sale, exchange, or other disposition has a taxable situs within this State or intangible personal property which has acquired at the time of the sale, exchange, or other disposition a business or commercial situs within this State. (l) `Taxable year' means the calendar year or the fiscal year ending during the calendar year, upon the basis of which the net income is computed under this Part. CHAPTER 91A-36. IMPOSITION, RATE, AND COMPUTATION OF TAX; EXEMPTIONS 91A-3601. Rate of taxation of individuals. (a) A tax is imposed upon every resident of this State with respect to the Georgia taxable net income of the taxpayer as defined in Section 91A-3607. A tax is imposed upon every nonresident with respect to his Georgia taxable net income not otherwise exempted which is received by the taxpayer from services performed, property owned, or from business carried on in this State. The tax imposed by this subsection shall be levied, collected, and paid annually.

"GA1978.1.531">

(b) (1) The tax imposed pursuant to subsection (a) shall be computed in accordance with the following tables: Single Person If Georgia taxable net income is: The tax is: Not over $750 1% Over $750 but not over $2250 $7.50 plus 2% of amount over $750 Over $2250 but not over $3750 $37.50 plus 3% of amount over $2250 Over $3750 but not over $5250 $82.50 plus 4% of amount over $3750 Over $5250 but not over $7000 $142.50 plus 5% of amount over $5250 Over $7000 $230.00 plus 6% of amount over $7000. Married Person Filing a Separate Return If Georgia taxable net income is: The tax is: Not over $500 1% Over $500 but not over $1500 $5.00 plus 2% of amount over $500 Over $1500 but not over $2500 $25.00 plus 3% of amount over $1500 Over $2500 but not over $3500 $55.00 plus 4% of amount over $2500 Over $3500 but not over $5000 $95.00 plus 5% of amount over $3500 Over $5000 $170.00 plus 6% of amount over $5000.

"GA1978.1.532">

Head of Household and Married Persons Filing a Joint Return If Georgia taxable net income is: The Tax is: Not over $1000 1% Over $1000 but not over $3000 $10.00 plus 2% of amount over $1000 Over $3000 but not over $5000 $50.00 plus 3% of amount over $3000 Over $5000 but not over $7000 $110.00 plus 4% of amount over $5000 Over $7000 but not over $10,000 $190.00 plus 5% of amount over $7000 Over $10,000 $340.00 plus 6% of amount over $10,000. (2) To facilitate the computation of the tax by those taxpayers whose federal adjusted gross income with the adjustments set out in Section 91A-3607 for use in arriving at Georgia taxable net income is less than $10,000, the Commissioner may construct tax tables which may be used by the taxpayers at their option. The tax shown to be due by the tables shall be computed on the basis of the standard deduction and the tax rates specified in paragraph (1) of this Section. Insofar as is practicable, the tables shall produce a tax approximately equivalent to the tax imposed by paragraph (1). (c) The amount deducted and withheld by an employer from the wages of an employee pursuant to Chapter 91A-39, relating to current income tax payments, shall be allowed to the employee as a credit against the tax imposed by this Section. Amounts paid by an individual as estimated tax under Chapter 91A-39 shall constitute payments on account of the tax imposed by this Section. The amount so withheld or paid during any calendar year shall be allowed as a credit or payment for the taxable year beginning in the calendar year in which the amount is withheld or paid.

"GA1978.1.533">

(d) An additional credit shall be allowed against the tax imposed by this Section as follows: (1) A single person or a married person filing a separate return whose federal adjusted gross income is $3000 or less shall be allowed a credit of $15. For each dollar or fractional part of a dollar by which federal adjusted gross income exceeds $3000, the credit shall be reduced by one dollar. No credit shall be allowed if federal adjusted gross income is $3015 or more. (2) The head of a household or married persons filing a joint return whose federal adjusted gross income is $6000 or less shall be allowed a credit of $30. For each dollar or fractional part of a dollar by which federal adjusted gross income exceeds $6000, the credit shall be reduced by one dollar. No credit shall be allowed if federal adjusted gross income is $6030 or more. (3) In no event shall the credit provided for in this subsection exceed the amount of the taxpayer's income tax liability computed without regard to the credit allowed in subsection (c). (e) The tax imposed by this Section applies to the Georgia taxable net income of estates and trusts, which shall be computed in the same manner as in the case of a single individual. The tax shall be computed on the Georgia taxable net income and shall be paid by the fiduciary. 91A-3602. Taxation of corporations. (a) Rate of taxation of corporations. Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to six percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this State. A corporation's taxable income from property owned or from business done in this State shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1954, with the adjustments provided for in subsection (b) of this Section, and allocated and apportioned as provided in Section 91A-3611. (b) Corporate adjustments.

"GA1978.1.534">

(1) Interest and dividend adjustments. (A) When interest income is derived from obligations of any state or political subdivision except this State and political subdivisions of this State, the interest income shall be added to taxable income to the extent that the interest income is not included in gross income for federal income tax purposes. Interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from State income taxes shall also be added to taxable income. (B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includible in gross income for federal income tax purposes but exempt from State income taxes under the laws of the United States. Any amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (2) Income tax deduction adjustment. There shall be added to taxable income any taxes on, or measured by, net income or net profits paid or accrued within the taxable year imposed by the authority of the Government of the United States or any foreign country, or any state, territory, county, school district, municipality, or other taxing subdivision of any state, territory, or foreign country to the extent deducted in determining federal taxable income. (3) Gains and losses adjustment. When taxable income includes gains from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is higher. When taxable income includes losses from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the Commissioner so as to reflect the difference resulting

"GA1978.1.535">

from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is lower. (4) Deductions and loss adjustment. No portion of any deductions or losses which occurred in a year in which the taxpayer was not subject to taxation in this State (including, but not limited to, net operating losses) may be deducted in any tax year. When the federal adjusted gross income or net income of a corporation includes such deductions or losses, an adjustment deleting them shall be made under rules established by the Commissioner. (5) Income, losses, and deductions previously reported. Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income. The Commissioner shall provide for needed adjustments by regulation. (6) Gains on sales exempt under Section 337 of the Internal Revenue Code. (A) Any gain not recognized pursuant to Section 337 of the Internal Revenue Code of 1954 shall be recognized. To the extent that a corporation incurs a Georgia income tax liability by reason of the recognition of such gains, the Georgia income tax liability attributable to the gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of the corporation in an amount which bears the same ratio to such Georgia income tax liability as the liquidation distribution received or receivable by the common stockholder bears to the liquidation distribution received or receivable by all common stockholders. The credit shall be allowable only in the taxable year or years of each stockholder in which the liquidation distribution is received and shall be limited to the amount of Georgia income tax liability, if any, of the stockholders for such year or years as computed before application of the credit provided by this Section and before any credits for withholding or estimated tax payments.

"GA1978.1.536">

(B) 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 under this Chapter, shall be allowed a deduction of one-half of the 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 loss for the taxable year over the net short-term capital loss for the year if it were not for the provisions of Section 337 of the Internal Revenue Code of 1954. (7) Nonrecognition of gains and losses adjustment. When on the sale or exchange of real or tangible personal property located in this State gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this State. (8) Exemptions in other laws preserved. This Chapter shall not be construed to repeal any tax exemptions contained in other laws of this State not referred to in this Chapter. Those exemptions and the exemptions provided for by federal law and treaty shall be deducted on forms provided by the Commissioner. (9) Required elections. All elections made by corporate taxpayers under the Internal Revenue Code of 1954 shall also apply under this Chapter except elections involving consolidated corporate returns and subchapter `S' elections which shall be treated as follows: (A) Corporate elections as to consolidated returns. If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their income from sources within this State, the corporations must file consolidate returns for Georgia income tax purposes. Affiliated corporations which file a consolidated federal income tax return, but which derive income from sources without this State, must file separate income tax returns with this State unless they have prior approval or have been requested to file a consolidated return by the Department.

"GA1978.1.537">

(B) Subchapter `S' elections. Subchapter `S' elections apply only if all stockholders are subject to tax in Georgia on their portion of the corporate income. If all nonresident stockholders pay the Georgia income tax on their portion of the corporate income, the election shall be allowed. (10) Dividends from sources without or within the United States; adjustment. There shall be subtracted from taxable income dividends received by: (A) A corporation from sources without the United States as defined in the Internal Revenue Code of 1954. The amount subtracted under this subsection shall be reduced by any expense directly attributable to the dividend income. (B) Corporations from affiliated corporations within the United States, when the corporation receiving the dividends is engaged in business in this State and subject to the payment of taxes under the income tax laws of this State, to the extent that the dividends have been included in net income under this Section. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. 91A-3603. Fiduciaries. (a) The tax imposed by this Part shall be: (1) Imposed upon resident fiduciaries and upon nonresident fiduciaries: (A) Receiving income from business done in this State. (B) Having in charge funds or property located in this State. (C) Having in charge funds or property for the benefit of a resident of this State. (2) Imposed upon fiduciaries subject to the tax at the rates provided in this Chapter for individuals.

"GA1978.1.538">

(3) Levied, collected, and paid annually with respect to: (A) (i) That part of the net income of an estate or trust which has not become distributable during the taxable year. It is the purpose of this Section to tax to fiduciaries or to beneficiaries all income otherwise taxable under this Part. Income received by a resident fiduciary shall not be subject to the tax imposed by this Part when the income was received from: (aa) Business done outside this State. (bb) Property held outside this State. (cc) Intangible property, other than from the licensing for use of the property, held by a fiduciary including, but not limited to, gains from the sale or exchange of the property, when the income is accumulated for, is distributed, or becomes distributable during the taxable year to a nonresident of this State. (ii) No return of income exempt under this subparagraph shall be required. (B) The taxable net income received during the taxable year by a deceased individual who, at the time of death, was a taxpayer and who died during the taxable year or subsequent to the taxable year without having made a return. (C) When the fiduciary has complete charge of such net income, the entire taxable net income of an insolvent or incompetent person whether or not any portion of the taxable net income is held for the future use of the beneficiaries. (b) The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual.

"GA1978.1.539">

(c) If the taxable year of a beneficiary is different from that of the estate or trust, the amount which the beneficiary is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year of the estate or trust ending with or within his taxable year. (d) The tax imposed upon a fiduciary shall be a charge against the estate or trust. 91A-3604. Partnerships. The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual, except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1954 shall not be allowed. Individuals carrying on business in partnership shall be liable for income tax only in their individual capacity and each partner shall include in his individual return his distributive shares, whether distributed or not, of the net income of the partnership for the taxable year. If the taxable year of a partner is different from that of the partnership, the amount included in a partner's individual return shall be based upon the income of the partnership ending with or within his taxable year. 91A-3605. Corporations and organizations exempt from tax. (a) The following organizations shall be exempt from taxation imposed under Section 91A-3602 unless the exemption is denied under subsections (b) or (c) of this Section: (1) Those organizations described by the provisions of Section 501(c), Section 501(d), Section 501(e), Section 664, or Section 401 of the Internal Revenue Code of 1954. Organizations described in this paragraph shall be exempt from taxation for State purposes in the same manner and to the same extent as for federal purposes. (2) Insurance companies which pay to the State a tax upon premium income. (3) Building and loan associations and cooperative banks without capital stock, when organized and operated for mutual purposes and without profit.

"GA1978.1.540">

(4) Banks and trust companies doing a general banking business including, but not limited to, savings banks incorporated under the banking laws of this State or of the United States. (b) (1) An organization requesting exemption under subsection (a) (1) shall file a written application with the Commissioner. The Commissioner may issue a determination letter or ruling to an organization requesting the exemption either approving or disallowing the requested exempt status. Until a determination letter approving the exempt status is issued by the Commissioner, no exempt status shall exist. Those organizations which have an exempt status in effect under provisions of Section 501(c), Section 501(d), Section 501(e), Section 664, or Section 401 of the Internal Revenue Code of 1954 on the date this Section becomes effective shall retain the exempt status unless revoked as provided by law. The Commissioner may issue rules governing the filing of written applications and the issuance of determination letters. (2) (A) The Commissioner may revoke the exempt status of any organization described in subsection (a) (1) when: (i) The Internal Revenue Service revokes the exempt status of the organization. (ii) The organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted. (iii) The organization engages in any prohibited transaction as set forth in the Internal Revenue Code of 1954. (iv) There is any material change in the character or purpose of the organization or in the mode of operation of the organization. (B) Revocation of an exempt status shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying event or events. All exempt organizations shall immediately notify the Commissioner, in writing, of the occurrence of any of the disqualifying events described

"GA1978.1.541">

in subparagraph (A) or of receipt by the organization of a notice of intent to terminate its exempt status by the Internal Revenue Service. The statute of limitations governing the assessment of any taxes determined to be due this State due to the revocation of exempt status shall be tolled as of the date of the occurrence of the disqualifying event or events described in subparagraph (A). The Commissioner at any time may require an organization which is exempt from taxation to file an information return stating the organization's gross income, receipts, disbursements, accumulation of income, and other data deemed necessary for the proper administration of this Section. (c) (1) Unrelated business income. A tax is imposed on income of an organization exempted pursuant to subsection (a) (1) when the income is derived 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 the income which is defined in Section 512 of the Internal Revenue Code of 1954. Tax imposed on unrelated business income shall be at the rate provided in Section 91A-3602. (2) If an organization is exempt under Section 501 (c) (4) of the United States Internal Revenue Code of 1954, the organization makes payments of death benefits as a result of the death of a member of the organization, and the payments have been made by the organization for at least five years prior to January 1, 1977, the payments shall be deductible from the unrelated business income tax which might be owed by the 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, the excess may be carried forward for a period of five years. 91A-3606. Personal exemptions; definitions; deductions allowed estates and trusts. (a) In the case of an individual, the following exemptions shall be allowed as deductions in computing Georgia taxable net income:

"GA1978.1.542">

(1) An exemption of $ 1,500 for the taxpayer. An additional exemption of $ 1,500 for one dependent if the unmarried taxpayer is a qualified Head of Household and has one or more dependents whose principal place of abode is the taxpayer's home. If the taxpayer claims this exemption, he shall not be entitled to any further exemption on account of the dependent with respect to whom this exemption is claimed. (2) An exemption of $ 3,000 for the taxpayer and spouse, but only if a joint return is filed. (3) An additional exemption of $ 700 for the taxpayer if he has attained the age of 65 before the close of his taxable year. An additional exemption of $ 700 for the spouse of the taxpayer if a joint return is made by the taxpayer and his spouse and the spouse has attained the age of 65 before the close of the taxable year. (4) An additional exemption of $ 700 for the taxpayer if he is blind at the close of the taxable year. An additional exemption of $ 700 for the spouse of the taxpayer if a joint return is made by the taxpayer and his spouse and the spouse is blind at the close of the taxable year. For the purposes of this paragraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death. (5) An additional exemption of $ 700 for each dependent: (A) Whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than $ 700. (B) Who is a child of a taxpayer and who: (i) Has not attained the age of 19 at the close of the calendar year in which the taxable year of the taxpayer begins; or (ii) Is a student.

"GA1978.1.543">

(6) An additional exemption of $ 700 for each of the following persons who is a student at the college level or above: (A) The taxpayer. (B) The taxpayer's spouse. (C) The taxpayer's dependents. (7) An additional exemption of $ 700 for each dependent who is physically handicapped or mentally retarded and is not a ward of the State. (b) For purposes of this Section: (1) `Dependent' means any of the following individuals over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer: (A) A son or daughter of the taxpayer, or a descendent of a son or daughter of the taxpayer. (B) A stepson or stepdaughter of the taxpayer. (C) A brother, sister, stepbrother, or stepsister of the taxpayer. (D) The father or mother of the taxpayer, or an ancestor of the father or mother of the taxpayer. (E) A stepfather or stepmother of the taxpayer. (F) A son or daughter of a brother or sister of the taxpayer. (G) A brother or sister of the father or mother of the taxpayer. (H) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the taxpayer.

"GA1978.1.544">

(2) `Brother' and `sister' include, but are not limited to, a brother or sister by the halfblood. (3) `Child' means an individual who is a son, stepson, daughter, or stepdaughter of the taxpayer. (4) `Student' means an individual who during each of five calender months during the calendar year in which the taxable year of the taxpayer begins: (A) Is a full-time student at an educational institution. (B) Is pursuing a full-time course of institutional onfarm training under the supervision of an accredited agent of an educational institution or of a state or political subdivision of a state. (5) `Educational institution' means only an educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on. (6) `Physically handicapped or mentally retarded' means physically or mentally disabled to the extent that the dependent is eligible to be a ward of the State. (d) In determining whether any of the relationships specified in subsection (c) exists, a legally adopted child of an individual or a foster child of an individual shall be treated as a child of the individual by blood. (e) The determination of whether an individual is married shall be made as of the close of the individual's taxable year except that, if the individual's spouse dies during his taxable year, the determination shall be made as of the time of the death of the spouse. (f) An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married.

"GA1978.1.545">

(g) No exemption shall be allowed under this Section for any dependent who has made a joint return with his spouse for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (h) A deduction, in lieu of a personal exemption deduction, shall be allowed an estate and a trust as follows: (1) An estate, $700. (2) A trust, $350. 91A-3607. Taxable net income. (a) Georgia taxable net income of an individual shall be the taxpayer's federal adjusted gross income, as defined in the United States Internal Revenue Code of 1954, less (1) The standard deduction or the sum of all itemized nonbusiness deductions, whichever is taken by the taxpayer in computing federal taxable income. The standard deduction referred to in this paragraph shall be the standard deduction allowed under the provisions of the United States Internal Revenue Code of 1954, in force and effect on January 1, 1974; and (2) The exemptions provided for in Section 91A-3606, and with the adjustments provided for in subsection (b) of this Section. (b) (1) There shall be added to the taxable income: (A) Dividend or interest income, to the extent that the dividend or interest income is not included in gross income for federal income tax purposes, on obligations of any state except this State or political subdivisions except political subdivisions of this State. (B) Interest or dividends on obligations of the United States or of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from State income taxes.

"GA1978.1.546">

(2) There shall be substracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includible in gross income for federal income tax purposes but exempt from State income taxes under the laws of the United States. Any amount substracted under this paragraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (3) There shall be added to taxable income any income taxes imposed by any taxing jurisdiction to the extent deducted in determining federal taxable income. (4) When taxable income includes gains from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is higher. When taxable income includes losses from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is lower. (5) No portion of any deductions or losses (including, but not limited to, net operating losses) which occurred in a year in which the taxpayer was not subject to taxation in this State may be deducted in any tax year. When federal adjusted gross income includes deductions or losses not allowed pursuant to this paragraph, an adjustment deleting them shall be made under rules established by the Commissioner. Losses incurred prior to January 1, 1971, shall be deductible only to the extent allowed by law at the time they were incurred and the Commissioner shall provide rules to preserve the deductibility of losses incurred prior to January 1, 1971, to the extent that such losses would have been deductible as net operating loss carryovers for a taxable year or years beginning on or after January 1, 1971, if the provisions of Section 92-3109 (m) had continued in effect after January 1, 1971.

"GA1978.1.547">

(6) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income and the Commissioner shall provide for needed adjustments by regulation. (7) When on the sale or exchange of real or tangible personal property located in this State gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this State. (8) This Part shall not be construed to repeal any tax exemptions contained in other laws of this State not referred to in this Section. Those exemptions and the exemptions provided by federal law and treaty shall be deducted on forms provided by the Commissioner. (9) All elections made by the taxpayer under the Internal Revenue Code of 1954 shall also apply under this Chapter. 91A-3608. Credits against taxes. (a) A resident individual who has an established business in another state, has investment in property having a taxable situs in another state, or engages in employment in another state may deduct from the tax due upon the entire net income of the resident individual the tax paid upon the net income of the business, investment, or employment in another state when the business, investment, or employment is in a state that levies a tax upon net income. In no case shall the credit permitted under this Section exceed the tax which would be payable to this State upon a like amount of taxable income. (b) As used in this Section, `taxable income' means the amount upon which the tax is computed after deducting the personal exemptions and credit for dependents. 91A-3609. 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 91A-3601 for the taxable year an amount equal to two percent of the employment-related expenses paid by the individual during the taxable year.

"GA1978.1.548">

(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 the taxable year. (2) $4,000 if there are two or more qualifying individuals with respect to the taxpayer for the taxable year. (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 the year, the individual's earned income for the year. (2) In the case of an individual who is married at the close of the year, the lesser of the individual's earned income or the earned income of the individual's spouse for the 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 the period is furnished by the individual or, if the individual is married during the period, is furnished by the 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. 91A-3610. Nonresidents. (a) The tax imposed by this Part shall apply to the entire net income of a taxable nonresident derived from employment, trade, business, professional, or other activity for financial gain or profit performed or carried on within this State including, but not limited to, the rental of real or personal property located within this State or for use within this State and the sale, exchange, or other disposition of tangible or intangible property having a situs in this State. (b) A taxable nonresident whose income is derived from employment, trade, business, professional, or other activity performed or

"GA1978.1.549">

carried on within and without this State shall be taxed only upon such income as is derived from carrying on the activity within this State. The amount of taxable income may be determined by a separate accounting of the income if the Commissioner is satisfied that the separate accounting reflects correctly the income fairly attributable to this State. Otherwise, the amount of taxable income shall be determined in the manner prescribed by this Part for the allocation and apportionment of income of corporations engaged in business within and without this State. (c) Except as otherwise provided by law, all provisions of this Part with respect to the definitions, determination, and computation of taxable net income of residents of this State and the assessment, levy, and collection of the tax imposed by this Part on the net income of residents of this State shall apply equally to the taxation of the net income of taxable nonresidents. (d) (1) A taxable nonresident shall be allowed to deduct allowable expenses, interest, taxes, losses, bad debts, depreciation, and similar business expenses when the income of the taxable nonresident is derived from: (A) Employment, trade, business, professional, or other activity performed or carried on: (i) Entirely within this State. (ii) Within and without this State when the nonresident is permitted by the Commissioner to use separate accounting. (B) The rental of real or personal property located within this State or for use within this State. (C) The sale, exchange, or other disposition of tangible or intangible property having a situs in this State. (2) Expenses allowable to a taxable nonresident as provided in paragraph (1) shall be allowable only to the extent that the expenses are attributable to the production of income allocable to and taxable by this State. As to allowable deductions essentially personal in nature, such as contributions to charitable

"GA1978.1.550">

organizations, alimony, medical expenses, the optional standard deduction, personal exemptions, and credits for dependents, the taxable nonresident shall be allowed deductions for the deductions essentially personal in nature in the ratio that the gross income allocated to this State bears to the total gross income of the taxable nonresident computed as if the taxable nonresident were a resident of this State. The Commissioner may accept total federal gross income as the equivalent of total Georgia gross income for purposes of this allocation. (e) A taxable nonresident whose income is derived from the activities specified in subsection (d) performed or carried on within and without this State and who is required to allocate and apportion his income in the manner of corporations engaged in business within and without this State shall compute his net taxable income as if he were a resident of this State. The net taxable income so computed shall be subjected to apportionment in the manner of corporations engaged in business within and without this State. 91A-3611. Corporations; allocation and apportionment of income. (a) Application of tax. The tax imposed by this Part shall apply to the entire net income, as defined in this Section, received by every foreign or domestic corporation owning property or doing business within the State. Every corporation shall be deemed to be doing business within this State if it engages within this State in any activities or transactions for the purpose of financial profit or gain, whether or not: (1) The corporation qualifies to do business in this State. (2) The corporation maintains an office or place of doing business within this State. (3) Any such activity or transaction is connected with interstate or foreign commerce. (b) Attribution of income. (1) If the entire business income of the corporation is derived from property owned or business done in this State, the tax shall be imposed on the entire business income.

"GA1978.1.551">

(2) If the business income of the corporation is derived in part from property owned or business done in this State and in part from property owned or business done without this State, the tax shall be imposed only on that portion of the business income which is reasonably attributable to the property owned and business done within this State, to be determined as provided in this Section. (c) Investment income. (1) The following are not subject to apportionment: (A) Interest received on bonds held for investment and income received from other intangible property held for investment. (B) Rentals received from real estate held purely for investment purposes and not used in the operation of the business. (C) All expenses connected with the interest and rentals realized from investments specified in paragraphs (1) and (2) when the expenses are applied against the investment income. (2) The following shall be allocated to this State: (A) The net investment income from intangible property when: (i) The situs of the corporation is in this State. (ii) The intangible property was acquired as income from property held in this State or as a result of business done in this State. (3) The net investment income from tangible property located in this State. (d) Property not held for sale or in course of business. Gains from the sale of tangible or intangible property, when the property was not held, owned, or used in connection with the trade or business

"GA1978.1.552">

of the corporation or for sale in the regular course of business, shall be allocated to the State if the property sold is real or tangible personal property situated in the State or intangible property having an actual situs or a business situs within the State. Otherwise such gains shall be allocated outside the State. (e) Other income. Net income of the above classes having been separately allocated and deducted, the remainder of the net business income, except as otherwise provided in this Section, shall be apportioned as follows: (1) When income is derived principally from the holding or sale of intangible property having a taxable situs in this State, the tax should be imposed on the entire business income. (2) When a portion of the intangible property has a taxable situs without the State, the portion of the income derived from the holding or sale of the property attributable to this State shall be taken to be the percentage which the gross receipts from the intangible property in this State for the taxable year bear to the total gross receipts from intangible property located within and without the State. (3) The taxable situs of intangible property held or owned by any domestic corporation or by any foreign corporation whose principal place of business is in this State shall be deemed to be in this State even though a domicile of the corporation is established in any other state or jurisdiction. (4) Intangible property derived from business done in another state by a foreign corporation and held by the corporation outside of this State shall not be deemed to have a taxable situs in this State by reason of the fact that officers or directors of the corporation reside in this State, corporate meetings are held in this State, or corporate records are kept in this State. (f) Ratio for attribution of certain tangible personal property. When income is derived from the manufacture, production, or sale of tangible personal property, the portion of the net income from the personal property attributable to property owned or business done within this State shall be taken to be the portion arrived at by application of the following Three Factor Ratio:

"GA1978.1.553">

(1) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this State during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period. (A) Valuation of property. Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. (B) Averaging property values. The average value of property shall be determined by averaging the values at the beginning and ending of the tax period, except that the Commissioner may require the averaging of monthly values during the tax period if averaging is reasonably required to reflect properly the average value of the taxpayer's property. (2) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this State during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term `compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this State if: (A) The individual's service is performed entirely within the State. (B) The individual's service is performed both within and without the State and the service performed without the State is incidental to the individual's service within the State. (C) Some of the service is performed in the State and either the base of operations or the place from which the

"GA1978.1.554">

service is directed or controlled is in the State or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this State. (3) Gross receipts factor. The gross receipts factor is the ratio of gross receipts from business done within this State to total gross receipts from business done everywhere. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this State only if the receipts are received from products shipped to customers in this State or products delivered within this State to customers. In determining the gross receipts within this State, receipts from sales negotiated or effected through offices of the taxpayer outside the State and delivered from storage in the State to customers outside the State shall be excluded. (4) The property factor, the payroll factor, and the gross receipts factor shall be separately determined and the three percentages averaged. The net income of the corporation shall be allocated and apportioned to this State according to such average. (5) For the purposes of this subsection, the word `sale' shall include, but not be limited to, an exchange and the word `manufacture' shall include, but not be limited to, the extraction and recovery of natural resources and all processes of fabricating and curing. (g) Income derived from certain businesses. When income is derived from business other than the manufacture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net income shall be equitably apportioned within and without the State, as provided in rules and regulations of the Commissioner, in the ratio that the business within the State bears to the total business of the corporation. (h) Subsidiaries. The net income of a domestic or foreign corporation which is a subsidiary of another corporation or closely affiliated with another corporation by stock ownership shall be determined by eliminating all payments to the parent corporation or affiliated

"GA1978.1.555">

corporation in excess of fair value and by including fair compensation to the domestic business corporation for its commodities sold to or services performed for the parent corporation or affiliated corporation. For the purposes of determining net income as provided in this paragraph, the Commissioner may equitably determine the net income by reasonable rules of apportionment of the combined income of the subsidiary, its parent, and affiliates, or any combination of the subsidiary, its parent, and any one or more of its affiliates. 91A-3612. Returns based upon books of account. If any corporation or nonresident employs in its books of account a detailed allocation of receipts and expenditures which reflects more clearly than the process or formulas prescribed by this Part the income attributable to the trade or business within the State, application for permission to base the return upon the taxpayer's books of account shall be considered by the Commissioner. Application shall be made at least 60 days prior to the last day on which the taxpayer's return is to be filed and shall be accompanied by a full and complete explanation of the method employed. 91A-3613. Allocation in special cases. If any corporation or nonresident shows, by any method of allocation other than the processes or formulas prescribed by this Part, that another method reflects more clearly the income attributable to the trade or business within the State, application for permission to base the return upon the other method shall be considered by the Commissioner. The application shall be accompanied by a statement setting forth in detail, with full explanations, the method the taxpayer believes will more nearly reflect its income from business within the State. If the Commissioner concludes that the method of allocation and apportionment submitted by the taxpayer is in fact inapplicable and inequitable, he shall reject the application and shall so notify the taxpayer. Failure to receive the Commissioner's notice shall not operate to relieve the taxpayer from liability for not filing the return on its due date and under the allocation and apportionment method as prescribed by this Part. 91A-3614. Railroad and public service corporations. (a) When the business of any corporation engaged in the operation of a railroad, express service, telephone or telegraph business, or other form of public service is partly within and partly without the State, the

"GA1978.1.556">

net income of the corporation for the purpose of this Part shall be that amount ascertained by apportioning to the State the sum of the net income of the corporation including, but not limited to, dividend income that may legally be taxed by the State (exclusive of income from the tax-exempt securities and without any deduction for federal and State income taxes) as shown by its record kept in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission when the standard classification of accounts includes in net income rents from all sources. When the standard classification does not include all rents, the excluded rents shall be included in net income in the proportion that the total gross operating revenues from business done wholly within the State, plus the equal mileage proportion within the State of all gross operating revenue from interstate business of the company, whereever done, bears to the total gross operating revenues from all business done by the company. If any such corporation keeps its records of operating revenues and operating expenses on a State basis in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission and in a manner which includes in net income for the State the effect of all intrastate and interstate business applicable to the State, the State records may be used by the taxpayer, under the supervision of the Commissioner, in reporting the net taxable income within the State. (b) All other corporations engaged in the business of operating a railroad, express service, telephone or telegraph business, or other form of public service, whether or not the company is required to make reports to the Interstate Commerce Commission, shall keep records according to the standard classifications of accounting of the Interstate Commerce Commission. The net income of the corporation including, but not limited to, dividend income that can legally be taxed by the State (exclusive of tax-exempt securities and without any deduction for federal and State income taxes) shall be determined in accordance with such records. If any such corporation keeps its records of operating revenues and operating expenses on a State basis in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission and in a manner which includes in net income for the State the effect of all intrastate and interstate business applicable to the State, the State records may, with the consent of the Commissioner, be used by the taxpayer in reporting the net taxable income within the State.

"GA1978.1.557">

91A-3615. Nonresident members of partnerships; resident members of nonresident partnerships. (a) When one or more of the individual members of a partnership engaged in business in this State are nonresidents of this State, the nonresidents shall be taxable on their share of the net profits of the partnership. (b) When one or more of the individual members of the partnership doing business without the State is a resident of this State, the resident member shall include in his individual return his distributable share, whether distributed or not, of the net income of the partnership for the taxable year. 91A-3616. Accounting periods and basis of net income. (a) The net income shall be computed upon the basis of the taxpayer's annual accounting period in accordance with the method of accounting regularly employed in keeping the books of the taxpayer. If no such method of accounting has been so employed or if the method employed does not clearly reflect the income, the computation shall be made in accordance with the method which, in the opinion of the Commissioner, clearly reflects the income. If the taxpayer's annual accounting period is other than a fiscal year or if the taxpayer has no annual accounting period or does not keep books, the net income shall be computed on the basis of the calendar year. A taxpayer utilizing a fiscal year may return his net income under this Part, with the approval of the Commissioner and subject to such rules and regulations as the Commissioner may establish, on the basis of his fiscal year. (b) With the approval of the Commissioner and under such regulations as he may prescribe, a taxpayer may change his taxable year from fiscal year to calendar year or otherwise. In the case of any change the net income shall be computed upon the basis of the new taxable year when approval is obtained from the Commissioner at least 30 days prior to the close of the proposed taxable year. (c) The amount of all items of gross income shall be included in the gross income for the taxable year in which received by the taxpayer unless, under methods of accounting permitted by this Section, any amounts of gross income are to be properly accounted for as of a different period.

"GA1978.1.558">

(d) The deductions and credits provided for in this Part shall be taken for the taxable year in which `paid or accrued' or `paid or incurred,' dependent upon the method of accounting upon the basis of which the net income is computed unless, in order to clearly reflect the income, the deductions or credits should be taken as of a different period. (e) If it is necessary to compute the tax for a period beginning in one calendar year, to be referred to in this Section as the `first calendar year,' and ending in the following calendar year, to be referred to in this Section as the `second calendar year,' and the law applicable to the second calendar year is different from the law applicable to the first calendar year, the tax under this Part for the period ending during the second calendar year shall be the sum of: (1) The same proportion of a tax for the entire period, determined under the law applicable to the first calendar year and at the rate for the first calendar year, which the portion of the period falling within the first calendar year is of the entire period; and (2) The same proportion of a tax for the entire period, determined under the law applicable to the second calendar year and at the rates for the second calendar year, which the portion of the period falling within the second calendar year is of the entire period. (f) Whenever in the opinion of the Commissioner it is necessary in order clearly to determine the income of any taxpayer, inventories shall be taken by the taxpayer upon the basis prescribed by the Commissioner. Each such basis shall conform as nearly as may be to the best accounting practice in the trade or business and most clearly reflect the income. (g) If a return has been filed within the three years next preceding the date of the taxpayer's death, income and expenses of a taxpayer who dies during the taxable year shall be computed on the same method of accounting, whether cash or accrual, as was used by the taxpayer in the preparation of the last income tax return filed by him with the Commissioner. If no return has been filed within the three-year period, the return of a deceased taxpayer shall be prepared on the cash method unless the Commissioner certifies that the

"GA1978.1.559">

cash method, because of particular circumstances, is not reasonable to either the State or the interest of the heirs, legatees, or devisees interested in the taxpayer's estate. If the Commissioner certifies that the cash method is unreasonable, he may order the preparation of the return on the accrual method. Income paid to the deceased taxpayer or which would have been ultimately payable to the taxpayer shall bear the same income tax as it would have borne in the hands of the deceased taxpayer regardless of the person who ultimately makes payment to the State of the particular tax. Income arising from an installment contract, as defined by the Commissioner, shall be taxable in the decedent's final return unless a computation of the income and the tax due from the installment contract is filed with the Commissioner within six months of the date of death together with a bond satisfactory to the Commissioner conditioned to pay the taxes, as such obligations are paid, together with any interest which may accrue on the tax and all costs of collection of the tax, when the date of payment is fixed and determinable at the time of the original taxpayer's death and is not extended by the person, firm, or corporation acquiring title to the installment contract. 91A-3617. Time for performing certain acts postponed by reason of war. In the case of an individual serving in the armed forces of the United States, or in support of the armed forces of the United States, in an area designated by the President of the United States by executive order as a `combat zone,' as that term is defined by the United States Internal Revenue Code of 1954, at any time during the period designated by the President by the executive order as the period of combatant activities in such zone, in the case of an individual hospitalized as a result of injury received while serving in such an area during the period of combat activities, and in the case of an individual who is confined as a prisoner of the forces opposing the United States in a combat zone, the period of service in the combat zone, plus the period of continuous hospitalization attributable to the injury, plus any such period of confinement, and the next 180 days thereafter, shall be disregarded in determining whether any filing required by this Title has been performed within the time prescribed for the filing. 91A-3618. Taxes due for members of armed forces upon death. In the case of any individual who dies while in active service as a member of the armed forces of the United States, if the death occurred while serving in a combat zone, as that term is defined by the

"GA1978.1.560">

United States Internal Revenue Code of 1954, or as a result of wounds, disease, or injury incurred while so serving, any tax imposed by this Chapter: (a) Shall not apply with respect to the taxable year in which falls the date of his death or with respect to any prior taxable year ending on or after the first day he so served in a combat zone after June 24, 1960. (b) For a taxable year preceding those specified in subsection (a) which is unpaid at the date of his death including, but not limited to, interest, additions to the tax, and additional amounts shall not be assessed. If assessed, the assessment shall be abated. If any such amount is collected, it shall be credited or refunded as an overpayment. CHAPTER 91A-37. RETURNS AND FURNISHING OF INFORMATION 91A-3701. Who must file returns. (a) An income tax return with respect to the tax imposed by this Part shall be filed with the Commissioner by every: (1) Resident who is required to file a federal income tax return for the taxable year. (2) Nonresident who has federal gross income from sources within this State. (3) Resident estate or trust that is required to file a federal income tax return, unless otherwise provided by law. (4) Nonresident estate or trust that has federal gross income from sources within this State, unless otherwise provided by law. (b) The Commissioner may require taxpayers by regulation to file with the return required by this Part a copy of all or any part of the taxpayers' federal income tax return for the corresponding period.

"GA1978.1.561">

91A-3702. Corporation returns. Every corporation subject to taxation under this Part shall make a return stating specifically the items of its gross income and the deductions and credits allowed by this Part. The income of two or more corporations shall not be included in a single return except with the expressed consent of the Commissioner. When a receiver, trustee in bankruptcy, or assignee is operating the property or business of a corporation, the receiver, trustee, or assignee shall make returns for the corporation in the same manner and form as the corporation is required to make returns. Any tax due on the basis of returns made by a receiver, trustee, or assignee shall be collected in the same manner as if collected from the corporation of whose business or property he has custody and control. 91A-3703. Partnership returns. Every partnership including, but not limited to, a foreign partnership the individual members of which are subject to taxation under this Part shall make a return for each taxable year. The return shall state specifically the items of the partnership's gross income and the deductions allowed by this Part, shall include the names and addresses of the individuals who would be entitled to share in the net income of the partnership if the net income is distributed, and shall specify the amount of the distributive share of each individual. The return shall be sworn to by any one of the partners. The term `partnership' includes, but is not limited to, a syndicate, group, pool, joint venture, or other unincorporated organization through or by means of which any business, financial operation, or venture is carried on and which is not, within the meaning of Part IV of this Title, a trust, estate, or corporation. The term `partner' includes, but is not limited to, a member in such a syndicate, group, pool, joint venture, or organization. 91A-3704. Information at the source; payments of $1,000 or more. Every person who is a resident or who has a place of business in this State including, but not limited to, a lessee or mortgagor of real or personal property, a fiduciary, an employer, and an officer or employee of this State or of any political subdivision of this State and who has the control, receipt, custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income amounting to $1,000 or over, paid or payable during any year to any taxpayer, shall make a complete return of the payment under oath to the Commissioner.

"GA1978.1.562">

The return shall be made pursuant to the Commissioner's regulations and shall be made in the form and manner and to the extent prescribed by the Commissioner. Unless income is reported as required in this Section, the Commissioner may disallow such payments as deductions or credits in computing the tax of the payer. 91A-3705. Information by corporations; dividend payments. Every corporation subject to the tax imposed by this Part shall render a correct return of its payments of dividends. The return shall be duly verified under oath and shall state, with respect to each shareholder who is a resident of this State, the name and address of each shareholder, the number of shares owned by the shareholder, and the amount of dividends paid to the shareholder. 91A-3706. Required question on returns. The Commissioner shall cause to be printed on all State income tax return forms for individuals, the following questions: `Have you filed an intangible tax return for the year covered by this return? If not, why not?' 91A-3707. Shifting of income. (a) When the Commissioner has reason to believe that any taxpayer conducts his trade or business so as to directly or indirectly distort his true net income or the net income properly attributable to this State, whether by the arbitrary shifting of income, through price fixing, charges for service, or otherwise, as a result of which the net income is arbitrarily assigned to one or another unit in a group of taxpayers carrying on business under a substantially common control, the Commissioner may require the facts as he deems necessary for the proper computation of the entire net income and the net income properly attributable to this State. In determining the computation, the Commissioner shall have regard to the fair profit which would normally arise from the conduct of the trade or business. (b) (1) The Commissioner may determine the amount of taxable income of any one or more corporations for a calendar or fiscal year when a corporation: (A) Liable to taxation under this Part conducts its business in such manner as to benefit either directly or indirectly the members or stockholders of the corporation or

"GA1978.1.563">

any person interested in the business of the corporation by selling its products or the goods or commodities in which it deals at less than the fair price which might be obtained for the goods or commodities. (B) A substantial portion of whose capital stock is directly or indirectly owned by another corporation acquires and disposes of the products of the corporation so owning a substantial portion of its stock in such a manner as to create a loss or improper net income for either of the corporations. (C) Directly or indirectly owning a substantial portion of the stock of another corporation acquires and disposes of the products of the corporation of which it so owns a substantial portion of the stock in such a manner as to create a loss or improper net income for either of the corporations. (2) In his determination, the Commissioner shall have due regard to the reasonable profits which, but for the arrangement or understanding, might or could have been obtained by the corporation or corporations liable to taxation under this Part from dealing in such products, goods, or commodities. 91A-3708. Time and place of filing returns; members of armed forces; estimated returns. (a) Returns shall be filed with the Commissioner on or before April 15 in each year, except that in the case of taxpayers using a fiscal year the return shall be filed on or before the 15th day of the fourth month after the close of the fiscal year. The Commissioner may allow further time for filing returns in the case of sickness or other disability or whenever in his judgment good cause exists for the extension. In case a taxpayer is granted an extension of time to file a return, the Commissioner may require a tentative return to be filed on or before the due date of the return for which the extension is granted. A tentative return shall be made on the usual form, shall be plainly marked `Tentative,' shall state the estimated amount of the tax believed to be due, and shall be properly signed by the taxpayer. (b) A member of the armed forces of the United States serving outside the continental United States may file his required return for a taxable year ending during such service, without prior application, at any time within a period of six months following the return

"GA1978.1.564">

of the serviceman to the continental United States. During the period of extension, no interest shall accrue and no penalties shall be imposed. (c) Any taxpayer may file an estimated income tax return within the taxpayer's taxable year in compliance with rules and regulations promulgated by the Commissioner. Estimated returns shall be plainly marked `Estimated.' 91A-3709. Penalty for failure to file timely return. (a) In case of failure to file an income tax return on the date prescribed for the filing, the date prescribed for filing to be determined with regard to any extension of time for filing, there shall be added to the amount of tax required to be shown on the return five percent of the amount of the tax if the failure is for not more than one month with an additional five percent for each additional month or fraction of a month during which the failure to file continues. No penalty shall be assessed pursuant to this Section which exceeds in the aggregate 25 percent of the amount of the tax. No penalty shall be assessed pursuant to this Section when it is shown that the failure is due to reasonable cause and not due to wilfull neglect. (b) For the purposes of this Section, the amount of tax required to be shown on the return shall be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed on the return. (c) With respect to any return, the amount of the addition under subsection (a) shall be reduced by the amount of the addition under Section 91A-3804 (a) (1) for any month to which an addition to tax applies under both Sections 91A-3709(a) and 91A-3804(a)(1). (d) No penalty due to lateness shall be incurred by a taxpayer if the taxpayer attaches to his return a copy of an approved extension of time within which to file his federal income tax return which has been granted by the Internal Revenue Service and also files his State return within the period of time specified in the extension. In such instances, the taxpayer need not apply to the Commissioner for an extension of time within which to file his State return.

"GA1978.1.565">

91A-3710. Examination of federal income tax returns. Whenever in the opinion of the Commissioner it is necessary to examine any copy of the federal income tax returns of any taxpayer in order to properly audit the returns of the taxpayer, the Commissioner shall have the right to examine the returns and all statements, inventories, and schedules in support of the returns. CHAPTER 91A-38. PAYMENT; DEFICIENCIES, ASSESSMENT, AND COLLECTION 91A-3801. Time and place of payment of tax. The total amount of tax imposed by this Part shall be paid to the Commissioner on or before April 15 following the close of the calendar year. If the return is made on the basis of a fiscal year, the tax shall be paid to the Commissioner on or before the 15th day of the fourth month following the close of the fiscal year. 91A-3802. Period of limitation upon assessment and collection. (a) Except as otherwise provided in this Section, the amount of income tax imposed by this Part shall be assessed within three years after the return was filed and no proceeding in court without assessment for the collection of the taxes shall be begun after the expiration of the three-year period. For the purposes of this Section, a return filed before the last day prescribed by law for filing of the return shall be considered as filed on the last day. If an extension of time for filing a return is granted and the return is filed on or before the extended date, the return shall be considered as filed on the extended due date. (b) (1) In the case of income received during the lifetime of a decedent, by the estate of a decedent during the period of administration, or by a corporation, the tax shall be assessed and any proceeding in court without assessment for the collection of the tax shall be begun within 18 months after written request for the commencement of the proceeding (filed after the return is made) by the personal representative or other fiduciary representing the estate of the decedent or by the corporation. No such proceeding shall be begun after the expiration of three years after the return is filed. The provisions of this paragraph shall not apply in the case of a corporation, unless:

"GA1978.1.566">

(A) The written request notifies the Commissioner that the corporation contemplates dissolution at or before the expiration of the 18-month period; and (B) The dissolution is in good faith begun before the expiration of the 18-month period; and (C) The dissolution is completed. (2) If the taxpayer omits from gross income an amount properly includable in gross income which is in excess of 25 percent of the amount of gross income less business expenses stated in the return, the tax may be assessed or a proceeding in court for the collection of the tax may be begun without assessment at any time within six years after the return is filed. (3) If the taxpayer omits from gross income an amount properly includable in gross income as an amount distributed in liquidation of a corporation, the tax may be assessed or a proceeding in court for the collection of the tax may be begun without assessment at any time within five years after the return is filed. (4) In the case of a false or fraudulent return with intent to evade tax or a failure to file a return, the tax may be assessed or a proceeding in court for the collection of the tax may be begun without assessment at any time. (c) When the assessment of any income tax has been made within the period of limitation properly applicable to the assessment, the tax may be collected by execution. The general provisions for tax executions as contained in Chapter 91A-3 shall apply to executions pursuant to this subsection. (d) When before the expiration of the time prescribed in this Part for the assessment of the tax both the Commissioner and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. The Commissioner in such a case may waive the statute of limitations against a claim for refund by the taxpayer.

"GA1978.1.567">

(e) (1) When the amount of the net income for any year of the taxpayer under this Part, as returned to the United States Treasury Department, is changed or corrected by the Commissioner of Internal Revenue or other officer of the United States of competent authority, the taxpayer, within 180 days after final determination of the changed or corrected net income, shall make a return to the Commissioner of the changed or corrected income and the Commissioner shall make assessment or the taxpayer shall claim a refund based on the change or correction within one year from the date the return required by this subsection is filed. If the taxpayer does not make the return reflecting the changed or corrected net income and the Commissioner receives from the United States Government or one of its agents a report reflecting the changed or corrected net income, the Commissioner shall make assessment for taxes due based on the change or correction within five years from the date the report from the United States Government or its agent is actually received. (2) In the event the taxpayer fails to notify the Commissioner of the final determination of the United States income taxes, the Commissioner shall proceed to determine, upon evidence he has brought to his attention or otherwise acquires, the corrected income of the taxpayer for the fiscal or calendar year. If additional tax is determined to be due, the tax shall be assessed and collected. If it is determined that there has been an overpayment of taxes for the year, the taxpayer, by his failure to notify the Commissioner as required in this subsection, shall forfeit his rights to any refund due by reason of the change. 91A-3803. Interest on taxes not paid when due. (a) If any amount of tax imposed by this Part is not paid on or before the last date prescribed for payment, interest on the payment at the rate of nine percent per annum shall be paid for the period from the last date prescribed for payment to the date paid. (b) The last date prescribed for payment of the tax shall be determined without regard to any: (1) Extension of time for payment.

"GA1978.1.568">

(2) Notice and demand for payment issued, by reason of jeopardy, prior to the last date otherwise prescribed for the payment. (c) If the amount of any tax imposed by this Part is reduced by reason of a carry back of a net operating loss, the reduction in tax shall not affect the computation of interest under this Section for the period ending with the last day of the taxable year in which the net operating loss arises. (d) Except as otherwise specifically provided by law: (1) Interest prescribed under this Section shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as the tax. Any reference to the tax imposed by this Part shall be deemed also to refer to interest imposed by this Section on the tax. (2) No interest under this Section shall be imposed on the interest provided by this Section. (3) Interest shall be imposed under subsection (a) on any assessable penalty, additional amount, or addition to the tax only if the assessable penalty, additional amount, or addition to the tax is not paid within 10 days from the date of notice and demand for the payment. When imposed, interest shall be imposed only for the period from the date of the notice and demand to the date of payment. (4) If notice and demand is made for payment of any amount and if the amount is paid within 10 days after the date of the notice and demand, interest under this Section on the amount so paid shall not be imposed for the period after the date of the notice and demand. (e) Interest prescribed under this Section may be assessed and collected at any time during the period within which the tax to which the interest relates may be collected. 91A-3804. Penalty for failure to pay or for underpayment of taxes. (a)(1) In case of failure to pay:

"GA1978.1.569">

(A) The amount shown as tax on a return on or before the date prescribed for payment of the tax, the date prescribed for payment of the tax to be determined with regard to any extension of time for payment, there shall be added to the amount of tax required to be shown on the return 0.5 percent of the amount of the tax if the failure is for not more than one month and with an additional 0.5 percent for each additional month or fraction of a month during which the failure continues. For the purposes of this subparagraph, the amount of tax shown on the return shall be reduced, for the purpose of computing the addition for any month, by the amount of any part of the tax which is paid on or before the beginning of the month and by the amount of any credit against the tax which is claimed on the return. (B) Any amount in respect of any tax required to be shown on a return which is not so shown within 10 days of the date of the notice and demand for the payment, the amount of tax stated in the notice and demand shall be increased by 0.5 percent of the amount of the tax if the failure is for not more than one month and by an additional 0.5 percent for each additional month or fraction of a month during which the failure continues. For the purposes of this subparagraph, the amount of tax stated in the notice and demand shall be reduced, for the purpose of computing the addition for any month, by the amount of any part of the tax which is paid before the beginning of the month. (2) No penalty shall be assessed pursuant to this subsection which exceeds in the aggregate 25 percent of the amount of the tax or when it is shown that the failure is due to reasonable cause and not due to wilfull neglect. (b) With respect to any return, the maximum amount of the addition permitted under subsection (a) (1) (B) shall be reduced by the amount of the addition under Section 91A-3709 (a) which is attributable to the tax for which the notice and demand is made and which is not paid within 10 days of notice and demand.

"GA1978.1.570">

(c) If the amount required to be shown as tax on a return is less than the amount shown as tax on the return, paragraph (a) (1)(A) of this Section shall be applied by substituting the lower amount. (d) If any part of any underpayment of tax required to be shown on a return is due to a negligent or intentional disregard of rules and regulations, but without intent to defraud, an amount equal to five percent of the underpayment shall be added to the tax. (e) If any part of an underpayment of tax required to be shown on a return is due to fraud, an amount equal to 50 percent of the underpayment shall be added to the tax. This amount shall be in lieu of any amount determined under subsection (d). If any penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, no penalty under Section 91A-3709 and subsection (a) of this Section shall be assessed with respect to the same underpayment. (f) For purposes of subsections (d) and (e), `underpayment' means a deficiency as defined in Section 91A-3501. 91A-3805. Restraining assessment or collection of income tax. No suit for the purpose of restraining the assessment or collection of any tax under this Part shall be maintained in any court. 91A-3806. Notice to Commissioner of appointment of executor, administrator, or guardian. Whenever any executor, administrator, or guardian qualifies as such, the judge of the probate court of the county granting the letters shall notify the Commissioner in writing of the appointment. 91A-3807. Collection of tax out of assets of dissolved corporation. Whenever any corporation has been dissolved or the assets of the corporation for any reason have passed entirely from control of the corporation into the possession of its former stockholders or other persons without the payment of income taxes due to the State, the Commissioner shall have the right to bring action against any or all persons possessing the assets for the collection of any income taxes that may be due the State up to the value of the assets. If the assets have come into the possession of more than one person, each person shall have the right to prorate the amount of the tax according to the value of the assets coming into each person's possession.

"GA1978.1.571">

91A-3808. Authority of Commissioner to prorate tax. Whenever the Commissioner in his discretion determines that a person is not liable for the tax for an entire year because of moving into the State or moving from the State, he may prorate the amount of the tax due to the State and also require the taxpayer to prorate the exemption on the basis of the time spent within the State. The Commissioner in his reasonable discretion shall be the sole judge as to when this Section shall apply. CHAPTER 91A-39. CURRENT INCOME TAX PAYMENT 91A-3901. Definitions. As used in this Chapter: (a) `Calendar quarter' means a period of three calendar months ending on March 31, June 30, September 30, or December 31. (b) `Dependent exemption' means the withholding exemption status claimed in a withholding exemption certificate in effect under Section 91A-3903(c). (c) (1) `Doing business in this State' means a person: (A) Having or maintaining, directly or indirectly, an office, warehouse, stock of goods, or other established facility or place of business in this State. (B) Performing services, owning, leasing, or operating tangible property in this State on a more or less permanent and not transitory basis. (C) Having an officer, employee, agent, or other representative who has or maintains an office or who regularly or systematically solicits or promotes such person's business in this State. (2) `Office' as used in this subsection includes, but is not limited to, the residence of any officer, employee, agent, or representative of a person if the residence is held out or identified in the trade with the person's business. (3) `Business' as used in this subsection includes, but is not limited to, any particular activity, occupation, or employment habitually engaged in, whether for financial gain or not.

"GA1978.1.572">

(d) `Employee' means: (1) Any individual who is a domiciliary or resident of this State and who performs services either within or without, or both within and without, this State for an employer. (2) Any individual, not a domiciliary or resident of this State, who performs services within this State for an employer. (3) An officer, employee, or elected official of any body politic, or any agency or instrumentality of a body politic, and an officer of a corporation. (4) Any person to whom a payment of wages is made whether or not the person is an employee of the payer of the wages at the time of payment. (e) `Employer' means any person for whom an individual, resident or domiciliary of this State, performs or performed any service, of whatever nature, within or without this State or for whom a nonresident individual performs or performed any service, of whatever nature, within this State as the employee of the person, except that: (1) If the person for whom the individual performs or performed the services does not have control of the payment of the wages for the service, `employer' includes the person having control of the payment of the wages. (2) In the case of a person paying wages on behalf of a nonresident individual, foreign partnership, or foreign corporation, not doing business within this State, `employer' includes the person paying the wages. (f) `Marital exemption' means the withholding exemption status claimed in a withholding exemption certificate in effect under Section 91A-3903(c). (g) `Number of dependent exemptions claimed' means the number of dependent exemptions claimed in a withholding exemption certificate in effect under Section 91A-3903(c).

"GA1978.1.573">

(h) `Payroll period' means a period for which a payment of wages is ordinarily made to the employee by an employer. `Miscellaneous payroll period' means a payroll period other than a daily, weekly, biweekly, semimonthly, monthly, quarterly, semiannual, or annual payroll period. (i) `Single exemption' means the withholding exemption status claimed in a withholding exemption certificate in effect under Section 91A-3903(c). (j) `Wages' means all remuneration paid including, but not limited to, the cash value of all remuneration paid in any medium other than cash. `Wages' shall be computed without any deduction of any amounts withheld by the employer for any reason and regardless of the terminology which the employer or employees may apply to the remuneration. `Wages' does not include remuneration paid: (1) For active service as a member of the armed forces of the United States. (2) For agricultural labor. (3) For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. (4) For services performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by the order. (5) For services performed for a foreign government or an international organization. (6) For service not in the course of the employer's trade or business performed by an employee in any calendar quarter unless the cash remuneration paid for the service is $50 or more and the service is performed by an individual who is regularly employed, as defined in the rules and regulations of the Commissioner, by the employer to perform the services.

"GA1978.1.574">

(7) For services performed by an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution, or for services performed by an individual in, and at the time of, the sale of newspapers or magazines to ultimate consumers, under an arrangement under which the newspapers or magazines are to be sold by the individual at a fixed price, the individual's compensation being based on the retention of the excess of the price over the amount at which the newspapers or magazines are charged to him. The provisions of this paragraph shall apply whether or not the individual is guaranteed a minimum amount of compensation for the service or is entitled to be credited with the unsold newspapers or magazines turned back. (8) For services not in the course of the employer's trade or business, to the extent paid in any medium other than cash. (9) For services for an employer performed by a resident or domiciliary of this State in another state if, at the time of the payment of the remuneration, the employer is required by the law of the other state to withhold income tax upon the remuneration. (10) For services performed as a master, officer, or any other seaman who is a member of the crew on a vessel engaged in the foreign, coastal, intercoastal, interstate, or contiguous trade to the extent withholding from the wages is prohibited by the laws of the United States. (11) To, or on behalf of, any employee: (A) From or to a trust described in Section 401(a) of the United States Internal Revenue Code of 1954 which is exempt under Section 91A-3605 at the time of the payment unless the payment is made to an employee of the trust as remuneration for services rendered as the employee and not as a beneficiary of the trust. (B) Under or to an annuity plan which, at the time of the payment, meets the requirements of Section 401(a)(3), (4), (5), and (6) of the Internal Revenue Code of 1954.

"GA1978.1.575">

(12) For services performed by a nonresident if the nonresident has been employed within this State for no more than 23 calendar days during the calendar quarter. (13) As fees to a public official for services employed by an employee for his employer. 91A-3902. Income tax collected at source. (a) Wages subject to withholding. The amount of wages subject to withholding shall be the amount of wages being paid less: (1) 15 percent of the wages, but not in excess of: (A) $40.00 for a weekly payroll period; or (B) $80.00 for a biweekly payroll period; or (C) $83.00 for a semimonthly payroll period; or (D) $168.00 for a monthly payroll period; or (E) $500.00 for a quarterly payroll period; or (F) $1,000.00 for a semiannual payroll period; or (G) $2,000.00 for an annual payroll period; or (H) $5.50 per day for a daily or miscellaneous payroll period; and (2) The total withholding exemption allowance applicable to the wage payment as computed under subsection (b) of this Section. (b) Withholding exemption allowance. (1) The withholding exemption allowance applicable to a wage payment to an employee, determined according to the payroll period of the employee, shall be: (A) The amount shown in Column 1, below, or the amount shown in Column 2, below, as the withholding exemption status of the employee may be, plus:

"GA1978.1.576">

(B) The amount shown in Column 3, below, multiplied by the number of dependency exemptions claimed by the employee. Payroll Period Col. 1 Single Exemption Col. 2 Marital Exemption Col. 3 Each Dependent Exemption Weekly $ 28.75 $ 57.50 $ 13.50 Biweekly 57.50 115.00 27.00 Semimonthly 62.50 125.00 29.00 Monthly 125.00 250.00 58.00 Quarterly 375.00 750.00 175.00 Semiannual 750.00 1,500.00 350.00 Annual 1,500.00 3,000.00 700.00 Daily or Miscellaneous 4.15 8.30 1.95. (2) Other payroll periods. If wages are paid for a miscellaneous payroll period or with respect to a period which is not a payroll period, the withholding exemption allowance with respect to each payment of the wages shall be the exemption allowed for a daily payroll period multiplied by the number of days in the period (including, but not limited to, Saturdays and Sundays) with respect to which the wages are paid. (3) Other wage payment. In any case in which wages are paid by an employer without regard to any payroll period or other period, the withholding exemption allowance with respect to each payment of the wages shall be the exemption allowance for a daily period multiplied by the number of days (including, but not limited to, Saturdays and Sundays) which have elapsed since the last payment of the wages by the employer during the calendar year, or the date of commencement of employment with the employer during the year, or January 1 of the year, whichever is the later. (c) Requirement of withholding. Every employer making payment of wages shall deduct and withhold from the wages a tax computed in such manner as to result, so far as practicable, in withholding from the employee's wages during each calendar year an

"GA1978.1.577">

amount substantially equivalent to the income tax reasonably estimated to be due for the calendar year as a result of including the employee's wages received during the calendar year in the employee's Georgia adjusted gross income. The method of determining the amount to be withheld shall be prescribed by regulations of the Commissioner, with due regard for the withholding exemption allowances of the employee provided in this Section and the sum of any credits allowable against his tax. (d) Other employer plans. The Commissioner may approve, upon application by an employer and upon conditions as he sees fit, any plan of withholding developed by an employer to produce insofar as practicable approximately the equivalent tax required to be withheld under the regulations prescribed by the Commissioner under subsection (c) of this Section. Any plan authorized under this subsection shall be in lieu of the tax required to be deducted and withheld under the regulations prescribed by the Commissioner. (e) Included and excluded wages. If the remuneration paid by an employer to an employee for services performed during one-half or more of any payroll period of not more than 31 consecutive days constitutes wages, all the remuneration paid by the employer to the employee for the period shall be deemed to be wages. If the remuneration paid by an employer to an employee for services performed during more than one-half of any payroll period of not more than 31 consecutive days does not constitute wages, then none of the remuneration paid by the employer to the employee for the period shall be deemed to be wages. (f) Unusual cases. The Commissioner may promulgate regulations for withholding in unusual cases, including the following: (1) To authorize an employer to estimate the wages which will be paid to an employee in any quarter of the calendar year and to determine the amount to be deducted and withheld upon each payment of wages to the employee during the quarter as if the appropriate average of the wages so estimated constituted the actual wages paid. (2) To authorize the employer to deduct and withhold upon any payment of wages to an employee during a quarter the amount necessary to adjust the amount actually deducted and

"GA1978.1.578">

withheld during the quarter to the amount required to be deducted and withheld during the quarter if the payroll period of the employee were quarterly. (3) To authorize an employer to deduct and withhold an amount in addition to that otherwise required to be withheld under this Chapter in cases in which the employer and the employee agree to the additional withholding. The additional withholding shall for all purposes be considered tax required to be deducted and withheld under this Chapter. (4) To authorize an employer to deduct from wages, before withholding and deducting tax, any amount attributable to travel and other necessary business expense of employees who are not reimbursed by the employer for the expenses and whose duties require such expenditures, other than traveling to and from the employee's home and place of employment. (5) To prescribe the manner and extent to which withholding tax shall apply to extra payments to employees for services rendered including, but not limited to, bonuses, separation pay and year-end, Christmas, or birthday payments and to authorize, under such conditions as the Commissioner deems proper, an employer to compute the tax to be withheld from the payments so as to make adjustments to the annual wages which the employer may pay to the employee. No withholding shall be required with respect to a Christmas payment or a birthday payment to an employee when the amount of the payment is not in excess of $100. (6) To prescribe the manner and extent to which withholding tax shall apply to unusual payments of wages. 91A-3903. Withholding exemptions. (a) Withholding exemptions status. (1) Zero exemption. A zero exemption status shall apply to an employee receiving wages who, on the withholding exemption certificate required under subsection (c) of this Section, disclaims any exemption status or who fails to file with his employer the withholding exemption certificate required in subsection (c).

"GA1978.1.579">

(2) Single exemption. A single exemption status shall be available to any employee receiving wages who at the time cannot qualify for a marital exemption or who disclaims a marital exemption. (3) Marital exemption. A marital exemption status shall be available to any employee receiving wages who at the time is married and living with his spouse, but only if his spouse does not have in effect at that time a withholding exemption certificate claiming a single or marital exemption. (4) Head of household. A marital exemption status shall be available to an employee receiving wages who at the time qualifies as maintaining a household under Section 91A-3606. No withholding dependency exemption for a dependent used for the purpose of qualifying for the exemption under Section 91A-3606 may be claimed if the exemption authorized in this paragraph is claimed. (b) Withholding dependency exemption. An employee receiving wages shall be entitled on any day to one withholding dependency exemption: (1) For each individual with respect to whom he would be entitled to an exemption under Section 91A-360(a)(5) (dependents) if that day were the last day of the employee's taxable year; and (2) For each condition with respect to which he would be entitled to an exemption under Section 91A-3606(a)(3) (attained age 65) or Section 91A-3606(a)(4) (blindness) on account of his personal condition if that day were the last day of the employee's taxable year; and (3) For each condition with respect to which he would be entitled to an exemption under Section 91A-3606(a)(3) (attained age 65) or Section 91A-3606(a)(4) (blindness) on account of the condition of his spouse if that day were the last day of the employee's taxable year and if the employee is also entitled to a marital exemption under subsection (a) (3) of this Section.

"GA1978.1.580">

(c) Exemption certificate. (1) On commencement of employment. On or before the date of the commencement of employment with any employer, the employee shall furnish the employer with a signed withholding certificate in the form prescribed by the Commissioner relating to his withholding exemption status and the number of dependency exemptions which the employee claims. No exemption may be claimed to which the employee is not entitled. (2) Federal certificate. Except as provided otherwise by rules or regulations of the Commissioner, if an employee has filed with his employer an exemption certificate as required for federal withholding tax purposes, an employer may give effect to the exemption status and exemptions claimed on the federal exemption certificate when the certificate contains sufficient information to enable the employer to give effect to the withholding exemptions allowable under this Section. (3) Change of status. Whenever during a calendar year the withholding exemption status of an employee or the number of dependency exemptions to which an employee is entitled changes or whenever an employee reasonably expects a change before the end of the calendar year which would entitle the employee to different withholding exemptions than those shown on the exemption certificate in effect for the employee, the employee shall file with his employer, within 10 days of the change or, for the next calendar year, on or before December 20, a new certificate indicating the change. In no event shall the withholding exemption status or the number of dependency exemptions claimed on a certificate exceed the number to which the employee is entitled. (4) When certificate takes effect. (A) First certificate furnished. A withholding exemption certificate furnished the employer in cases in which no previous certificate is in effect shall take effect as of the beginning of the first payroll period ending, or the first payment of wages made without regard to a payroll period, on or after the date on which the certificate is so furnished.

"GA1978.1.581">

(B) Furnished to take place of existing certificate. A withholding exemption certificate furnished the employer in any case in which a previous certificate is in effect shall take effect with respect to the first payment of wages made on or after the first status determination date which occurs at least 30 days from the date on which the certificate is so furnished. At the election of the employer, the certificate may be made effective with respect to any payment of wages made on or after the date on which the certificate is so furnished. For purposes of this subparagraph, `status determination date' means January 1 and July 1 of each year. (5) Period and effect of certificate. A withholding exemption certificate which takes effect under this subsection shall continue in effect with respect to the employer until another certificate takes effect under this subsection. Each withholding exemption certificate which is in effect is, at the time of the receipt of any wages, a present representation of fact subject to the criminal penalties of Chapter 91A-99. 91A-3904. Quarterly returns and payments of tax. (a) Quarterly returns. (1) Every employer required to deduct and withhold any tax under this Chapter and every person who deducts and withholds any amount from any wage payments under the authority of this Chapter shall: (A) Make a calendar quarterly return to the Commissioner on a form prescribed by the Commissioner. (B) Pay with the required return the tax required to be paid under this Chapter for the calendar quarter or the amount withheld from employees' wages during the calendar quarter under the authority of this Chapter. (2) The quarterly return and the payment of the required tax shall be due not later than the last day of the month following the close of the calendar quarter. No calendar quarterly return shall be due and no tax owing or withheld shall be paid under the provisions of this subsection for any or all of the first

"GA1978.1.582">

three calendar quarters of the calendar year until the tax required to be paid or the amount withheld from employees' wages for the calendar quarter or quarters equals or exceeds $50 or until the fourth calendar quarterly return is due, whichever occurs first. (b) Jeopardy returns. If the Commissioner has reason to believe that the collection of the tax required to be paid under this Chapter is in jeopardy for any reason, he may require the employer to make a return and pay the required tax at any time. (c) Payment of taxes withheld. If the cumulative amount of taxes deducted and withheld or which should be deducted and withheld in any period or periods under authority of this Chapter exceeds $150, the amount deducted and withheld or which should have been deducted and withheld shall be due and shall be paid to the Commissioner on the 20th calendar day following the period in which the amount exceeds $150 so that, if the amount exceeds $150 during the first period of the month, the amount shall be due and shall be paid on the 20th of the month and, if the amount exceeds $150 during the second period of the month, it shall be due and shall be paid on the 20th day of the next month. Payments due on April 20, July 20, October 20, and January 20 shall be due on the last day of the month. For purposes of this subsection, the calendar month is divided into two periods: from the 1st through the 15th calendar day; and from the 16th calendar day throught the last day of the month. (d) Estimated payments. The Commissioner may permit employers to make estimated payments of taxes withheld. (e) Credits against liability on quarterly return. Amounts paid under subsections (c) and (d) of this Section shall be included in the quarterly return for the calendar quarter which includes the month for which the payments are made and the payments shall be credited against the amount shown to be due on the quarterly return. 91A-3905. Quarterly adjustments. (a) In general. If for any reason during any quarter of the calendar year more or less than the correct amount of the tax is withheld or more or less than the correct amount of the tax is paid to the Commissioner, proper adjustment, without interest, may be made in any subsequent quarter of

"GA1978.1.583">

the same calendar year. No adjustment under the provisions of this Section shall be made in respect to an underpayment for any quarter after receipt from the Commissioner of notice and demand for payment of the amount of the underpayment based upon an assessment. The amount of the underpayment shall be paid in accordance with such notice and demand. No adjustment under the provisions of this Section shall be made in respect to an erroneous payment or overpayment for any quarter after the filing of a claim for refund of the payment. (b) Less than correct amount of tax withheld. (1) If no tax or less than the correct amount of the tax is deducted from any wage payment and the error is ascertained prior to the making of the quarterly return for the quarter in which the wages are paid, the employer shall report on the return and pay to the Commissioner the correct amount of the tax required to be withheld. If the error is not ascertained until after the making of the quarterly return for the quarter in which the wages are paid, the undercollection may be corrected by an adjustment on the return for any subsequent quarter of the same calendar year, subject to the limitations noted in subsection (a). The amount of any undercollection adjusted in accordance with this paragraph shall be paid to the Commissioner, without interest, at the time prescribed for payment of the tax for the quarter in which the adjustment is made. (2) If no tax or less than the correct amount of the tax is withheld from any wage payment, the employer may correct the error by deducting the amount of the undercollection from remuneration of the employee, if any, under the employer's control after the employer ascertains the error. The deduction may be made even though the remuneration, for any reason, does not constitute wages. (c) More than correct amount of tax withheld. (1) If, in any quarter, more than the correct amount of tax is deducted from any wage payment, the overcollection may be paid to the employee in any quarter of the same calendar year. If the amount of the overcollection is repaid, the employer shall obtain and keep as part of his records the endorsed canceled

"GA1978.1.584">

check or written receipt of the employee showing the date and amount of the repayment. (2) If any overcollection in any quarter is repaid and receipted for by the employee prior to the time the quarterly return for the quarter is filed with the Commissioner, the amount of the overcollection shall not be included in the return for that quarter. (3) Subject to the limitations provided in subsection (a), if an overcollection in any quarter is repaid and receipted for by the employee after the time for the quarterly return for the quarter is filed and the tax is paid to the Commissioner, the overcollection may be corrected by an adjustment on the return for any subsequent quarter of the same calendar year. (4) Every overcollection not repaid and receipted for by the employee as provided in this subsection must be reported and paid to the Commissioner with the quarterly return for the quarter in which the overcollection is made. 91A-3906. Receipts for employees. Not later than January 31 in each year and at such other dates as required by the Commissioner, each person required to withhold taxes as provided in this Chapter shall furnish each employee for whom taxes have been withheld in that year or other period a statement of wages paid and taxes withheld. The Commissioner shall provide by rule for the enforcement and implementation of this Section. 91A-3907. Annual and final returns. (a) Requirement. On or before January 31 of each year for the preceding calendar year or on or before the 30th day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the Commissioner an annual or a final return, as the case may be, on a form prescribed by the Commissioner. The employer shall attach to the return copies of the receipts required to be furnished under Section 91A-3906 for the period covered by the return. (b) Extension of time. The Commissioner may grant a reasonable extension of time, not exceeding 30 days, for filing the annual or final return required by this Section.

"GA1978.1.585">

91A-3908. Filing returns and making payments. (a) Execution of returns. Each return shall be signed by the employer required to deduct and withhold the tax under this Chapter and shall contain or be verified by a written declaration that the return is made under the penalties of false swearing. The return shall be signed and verified by the employer, by a person having control of the payment of wages for the employer, or by a person authorized to make the return for the employer. The fact that a name appears to be signed to a return shall be prima facie evidence that the name was actually signed by the person named. The fact that a person appears to have signed for an employer shall be prima facie evidence that the person is authorized to sign for the employer. (b) Use of prescribed forms. The Commissioner, so far as possible, shall furnish employers, regularly and without application, with copies of the prescribed forms required to be used under this Chapter. No employer is excused from making a return or furnishing a receipt by the fact that no forms had been furnished to the employer. 91A-3909. Employer's liability. (a) General. The employer shall be liable for the payment of the tax required to be deducted and withheld under this Chapter whether or not the employer has deducted and withheld the tax as required under this Chapter. (b) Withheld tax. The amount of tax deducted and withheld by an employer from an employee's wages under this Chapter shall be held to be a special fund in trust for the State and the employer's liability for the tax shall be discharged only by payment to the Commissioner. To the extent that the tax is deducted and withheld, the employer shall not be liable to any other person for the amount of the tax and is indemnified against the claims and demands of any person for the payment of any amounts made to the Commissioner in accordance with the provisions of this Chapter. (c) Assessment, collection, payment. Except as provided by law to the contrary, the liability of an employer under subsection (a) of this Section and the amount of the fund described in subsection (b) of this Section shall be assessed, collected, and paid in the same manner and subject to the same provisions and limitations including, but not limited to, penalties as are income taxes.

"GA1978.1.586">

(d) Amount due on face of return. The filing of any return by an employer in compliance with this Chapter which shows on its face an amount due shall by operation of law constitute an assessment of the amount shown to be due on the return against the employer filing the return as of the date the return is filed. For the purposes of this Section, an entry on a return showing the date of receipt by the Department shall be prima facie evidence that the return was actually received and filed on the date indicated. If payment is not made with the return or on or before the due date of the return, whichever is later, the amount shown due shall be in default and the Commissioner may issue an execution for the collection of the amount due. (e) Protest to proposed assessment. Each protest to a proposed assessment of taxes due under this Chapter shall be filed within 10 days of the notice of the proposed assessment unless the Commissioner authorizes additional time. The filing of a protest and the filing of a request for additional time for the filing of a protest shall toll the period of limitations for making an assessment until the protest or request is withdrawn by the taxpayer or denied by the Commissioner. 91A-3910. Compliance not admission of doing business. The fact of an employer's voluntary compliance with the requirements of this Chapter shall not of itself constitute any admission that the employer is doing business within this State for any other purpose, but it shall be taken as conferring jurisdiction upon this State for purposes of collecting amounts withheld under this Chapter. 91A-3911. Employer's records. (a) Records required. Each employer required to deduct and withhold taxes under this Chapter shall keep accurate records of all remuneration paid to his employees including, but not limited to, remuneration paid in forms other than cash. The records shall contain the information required by rule by the Commissioner. (b) Preservation of records. The records required to be kept pursuant to subsection (a) and records relating to refunds shall be preserved and maintained for a period of at least four years after the date the tax to which they relate becomes due or the date the tax is paid, whichever is later.

"GA1978.1.587">

91A-3912. Tax paid by employee; effect as to penalties. If the employer fails to deduct and withhold the required tax, in violation of the provisions of this Chapter, and thereafter the income tax liability of the employee under Section 91A-3601 against which the amount, if withheld, would have been a credit is paid by the employee, the tax required to be deducted and withheld shall not be collected from the employer. The provisions of this Section in no case shall relieve the employer from liability for any penalties or additions to the tax otherwise applicable in respect to such failure. 91A-3913. Employee refunds and credits. (a) Credit. The amount of tax deducted or withheld during any calendar year with respect to an employee shall be allowed as a credit to the employee against his income tax liability under Section 91A-3601 for the taxable year beginning in the calendar year. (b) Overpayment. (1) To the extent that the credit provided in subsection (a), together with other credits allowed by law, is in excess of the employee's income tax liability for the taxable year, as shown on an income tax return filed by the employee for that year, the overpayment shall be considered as taxes erroneously paid and shall be credited or refunded as provided in this Section. An overpayment shall be credited to the person's estimated income tax liability for the succeeding taxable year unless the person claims a refund for the overpayment. The Commissioner may consider any final return showing an overpayment as per se a claim for refund. An overpayment shall bear no interest if credit is given for the overpayment. Amounts refunded as overpayments shall bear interest at the rate of nine percent per annum but only after 90 days from the filing date of the final return showing the overpayment or from the due date of the final return, whichever is later. (2) A refund shall be deemed to have been made when the Commissioner issues a check for the refund in favor of the claimant. The record in the office of the Commissioner as to the time of issuance of the refund shall be prima facie evidence of the time a refund is made. Whenever a check is issued for a refund claimed or shown due on a final return and no separate claim has been filed for the refund, the check shall be mailed by firstclass

"GA1978.1.588">

mail to the claimant at the address shown on the return in an envelope instructing return of the envelope if not delivered in 10 days. The Commissioner shall publish the names of claimants whose checks are returned. If a refund check is not claimed in accordance with the Commissioner's instructions within 90 days after the publication, the refund claim covered by the check shall be deemed to have been abandoned. Any refund check which is not presented for payment within 180 days after the date of the check shall be void and the refund claim covered by the check shall be deemed to have been abandoned. When any claim for refund has been abandoned, any funds which may have been designated or set aside for its payment shall be returned to the Fiscal Division and the claimant's right to the refund shall be barred. The provisions of this subsection shall not apply to a claim for refund filed with, but separate from, a final return under general law and shall not affect the period of limitations allowed by general law applicable to a claim for refund when filed separate from a final return. (c) Limitation on refund or credit. No refund or credit shall be allowed unless the employee attaches to and files with his final income tax return a copy of the employer's receipt, as provided for in Section 91A-3906, for the amount of tax deducted and withheld from his wages for that taxable year. If an employee submits satisfactory proof that his employer deducted and withheld taxes from his wages and that the employer failed or refused to furnish the employee with the prescribed receipt, the proof so furnished may be taken to establish a credit or refund under this Section. 91A-3914. Employer refunds and credits. If more than the correct amount of tax, penalty, or interest is paid to the Commissioner by an employer, the employer may file a claim for refund of the overpayment or may take credit for the overpayment against the tax reported on any quarterly return which the employer subsequently files. However, a refund or credit of the overpayment shall be made only to the extent that the amount of overpayment exceeds the tax actually withheld and the penalty and interest on the tax. If more than the correct amount of tax, penalty, or interest is assessed and is not paid to the Commissioner, the employer against whom the assessment is made may file a claim for abatement of the overassessment.

"GA1978.1.589">

91A-3915. Declaration of estimated income tax by individuals. (a) Requirement of declaration. Every resident individual and every taxable nonresident individual shall make a declaration of his estimated tax for the current taxable year if his gross income can reasonably be expected to: (1) Include more than $1,000 from sources other than wages as defined in Section 91A-3901 (j); and (2) Exceed: (A) $1,500 if the individual is single or the individual is married and not living with his spouse or the individual is married and expects to claim only $1,500 of the marital exemption; or (B) $3,000 if the individual is married and living with his spouse and expects to claim the full marital exemption. (b) `Estimated tax' defined. For purposes of this Section, `estimated tax' means the amount which the individual estimates as the amount of income tax imposed by Section 91A-3601, less the amount which the individual estimates as the sum of credits allowable by law against the tax. (c) Amendment of declaration. An individual may make amendments of a declaration filed during the taxable year under regulations prescribed by the Commissioner. (d) Return as declaration or amendment. If on or before January 31 of the succeeding taxable year or, in the case of an individual referred to in Section 91A-3917(b) (relating to income from farming), February 15 of the succeeding taxable year the taxpayer files a return for the taxable year for which the declaration is required and pays in full the amount computed on the return as payable: (1) If the declaration is not required to be filed during the taxable year, but is required to be filed on or before January 15, the return shall be considered as the declaration.

"GA1978.1.590">

(2) If the tax shown on the return, reduced by the sum of the allowable credits, is greater than the estimated tax shown in a declaration previously made or in the last amendment of the declaration previously made, the return shall be considered as the amendment of the declaration permitted by subsection (c) to be filed on or before January 15. 91A-3916. Declaration of estimated income tax by corporations. (a) In general. Every domestic and foreign corporation subject to taxation under the provisions of Section 91A-3602 shall make a declaration of estimated tax for the taxable year if its net income for the taxable year, as defined in Section 91A-3611, can reasonably be expected to exceed $25,000. (b) `Estimated tax' defined. For purposes of this Section, `estimated tax' means the amount which the corporation estimates as the amount of income tax imposed by Section 91A-3602, less the amount which the corporation estimates as the sum of credits allowable by law against the tax. (c) Amendment of declaration. A corporation may make amendments of a declaration filed during the taxable year under regulations prescribed by the Commissioner. 91A-3917. Time for filing declarations of estimated income tax by individuals. (a) In general. Declarations of estimated tax required by Section 91A-3915 from an individual not regarded as a farmer shall be filed with the Commissioner on or before April 15 of the taxable year, except that if the requirements of Section 91A-3915(a) are first met: (1) On or after April 1 and before June 1 of the taxable year, the declaration shall be filed on or before June 15 of the taxable year. (2) On or after June 1 and before September 1 of the taxable year, the declaration shall be filed on or before September 15 of the taxable year. (3) On or after September 1 of the taxable year, the declaration shall be filed on or before January 15 of the succeeding year.

"GA1978.1.591">

(b) Farmers. Declarations of estimated tax required by Section 91A-3915 from individuals whose estimated gross income from farming for the taxable year is at least two-thirds of the total estimated gross income from all sources for the taxable year may be filed, in lieu of the time prescribed in subsection (a), at any time on or before January 15 of the succeeding taxable year. (c) Amendment. An amendment of a declaration may be filed in any interval between installment payment dates prescribed for that taxable year. (d) Short taxable years. In the application of this Section to a taxable year beginning on any date other than January 1, there shall be substituted, for the months specified in this Section, the months which correspond to the months specified in this Section. 91A-3918. Time for filing declarations of estimated income tax by corporations. (a) In general. The declaration of estimated tax required of a corporation by Section 91A-3916 shall be filed on or before the 15th day of the fourth month of the taxable year, except that if the requirements of Section 91A-3916 are first met: (1) On or after the last day of the third month and before the first day of the sixth month of the taxable year, the declaration shall be filed on or before the 15th day of the sixth month of the taxable year. (2) On or after the last day of the fifth month and before the first day of the ninth month of the taxable year, the declaration shall be filed on or before the 15th day of the ninth month of the taxable year. (3) On or after the last day of the eighth month of the taxable year, the declaration shall be filed on or before the 15th day of the first month of the succeeding year. (b) Amendment. An amendment of a declaration may be filed in any interval between installment payment dates prescribed for that taxable year. 91A-3919. Installment payments of estimated tax by individuals. (a) In general. The amount of estimated tax required to be paid by an individual shall be paid as follows:

"GA1978.1.592">

(1) If the declaration is filed on or before April 15 of the taxable year, the estimated tax shall be paid in four equal installments. The first installment shall be paid at the time of the filing of the declaration. The second and third installments shall be paid on June 15 and September 15, respectively, of the taxable year. The fourth installment shall be paid on January 15 of the succeeding year. (2) If the declaration is filed after April 15 and not after June 15 of the taxable year and is not required by Section 91A-3917(a) to be filed on or before April 15 of the taxable year, the estimated tax shall be paid in three equal installments. The first installment shall be paid at the time of the filing of the declaration, the second installment shall be paid on September 15 of the taxable year, and the third installment shall be paid on January 15 of the succeeding year. (3) If the declaration is filed after June 15 and not after September 15 of the taxable year and is not required by Section 91A-3917(a) to be filed on or before June 15 of the taxable year, the estimated tax shall be paid in two equal installments. The first installment shall be paid at the time of the filing of the declaration and the second installment shall be paid on January 15 of the succeeding year. (4) If the declaration is filed after September 15 of the taxable year and is not required by Section 91A-3917(a) to be filed on or before September 15 of the taxable year, the estimated tax shall be paid in full at the time of the filing of the declaration. (5) If the declaration is filed after the time prescribed in Section 91A-3917(a) including, but not limited to, cases in which an extension of time for filing the declaration has been granted, paragraphs (2),(3), and (4) of this subsection shall not apply and all installments of estimated tax which would have been payable on or before such time if the declaration had been filed within the time prescribed in Section 91A-3917(a) shall be paid at the time of the filing. The remaining installments shall be paid at the times at which, and in the amounts in which, they would have been payable if the declaration had been so filed.

"GA1978.1.593">

(b) Farmers. If an individual referred to in Section 91A-3917(b) (relating to income from farming) makes a declaration of estimated tax after September 15 of the taxable year and on or before January 15 of the succeeding year, the estimated tax shall be paid in full at the time of the filing of the declaration. (c) Amendment of declaration. If any amendment of a declaration is filed, the remaining installments shall be adjusted to reflect the change in the estimated tax by reason of the amendment. If any amendment is made after September 15 of the taxable year, any increase in the estimated tax by reason of the amendment shall be paid at the time of making the amendment. (d) Fiscal years. In the application of this Section to a taxable year beginning on any date other than January 1, there shall be substituted, for the months specified in this Section, the months which correspond to the months specified in this Section. (e) Installments paid in advance. At the election of the individual, any installment of the estimated tax may be paid prior to the date prescribed for its payment. 91A-3920. Installment payments of estimated tax by corporations. (a) In general. The amount of estimated tax required to be paid by a corporation shall be paid as follows: (1) If the declaration is filed on or before the 15th day of the fourth month of the taxable year, the estimated tax shall be paid in four equal installments. The first installment shall be paid at the time of the filing of the declaration. The second and third installments shall be paid on the 15th day of the sixth month and the 15th day of the ninth month, respectively, of the taxable year. The fourth installment shall be paid on the 15th day of the first month of the succeeding taxable year. (2) If the declaration is filed after the 15th day of the fourth month and not after the 15th day of the sixth month of the taxable year and is not required by Section 91A-3918 to be filed on or before the 15th day of the fourth month of the taxable year, the estimated tax shall be paid in three equal installments. The first installment shall be paid at the time of the filing of the declaration. The second installment shall be paid on the 15th

"GA1978.1.594">

day of the ninth month of the taxable year, and the third installment shall be paid on the 15th day of the first month of the succeeding taxable year. (3) If the declaration is filed after the 15th day of the sixth month and not after the 15th day of the ninth month of the taxable year and is not required by Section 91A-3918 to be filed on or before the 15th day of the sixth month of the taxable year, the estimated tax shall be paid in two equal installments. The first installment shall be paid at the time of the filing of the declaration and the second installment shall be paid on the 15th day of the first month of the succeeding taxable year. (4) If the declaration is filed after the 15th day of the ninth month of the taxable year and is not required by Section 91A-3918 to be filed on or before the 15th day of the ninth month of the taxable year, the estimated tax shall be paid in full at the time of the filing of the declaration. (5) If the declaration is filed after the time prescribed in Section 91A-3918 including, but not limited to, cases in which an extension of time for filing the declaration has been granted, paragraphs (2), (3), and (4) of this subsection shall not apply and all installments of estimated tax which would have been payable on or before such time if the declaration had been filed within the time prescribed in Section 91A-3918 shall be paid at the time of the filing. The remaining installments shall be paid at the times at which, and in the amounts in which, they would have been payable if the declaration had been so filed. (b) Amendments of declaration. If any amendment of a declaration is filed, the remaining installments shall be adjusted to reflect the change in the estimated tax by reason of the amendment. If any amendment is made after the 15th day of the ninth month of the taxable year, any increase in the estimated tax by reason of the amendment shall be paid at the time of making the amendment. (c) Installments paid in advance. At the election of the corporation, any installment of the estimated tax may be paid prior to the date prescribed for its payment.

"GA1978.1.595">

91A-3921. Failure by taxpayer to pay estimated income tax. (a) Addition to the tax. In case of any underpayment of estimated tax by a taxpayer, except as provided in subsection (d), an amount determined at the rate of nine percent per annum upon the amount of the underpayment, determined under subsection (b), for the period of the underpayment, determined under subsection (c), shall be added to the tax under Section 91A-3602 for the taxable year. (b) Amount of underpayment. For purposes of subsection (a), the amount of the underpayment shall be the excess of (1) over (2) when (1) and (2) are as follows: (1) The amount of the installment which would be required to be paid if the estimated tax were equal to 70 percent (66 2/3 percent in the case of individuals referred to in Section 91A-3917 (b), relating to income from farming) of the tax shown on the return for the taxable year or, if no return was filed, 70 percent (66 2/3 percent in the case of individuals referred to in Section 91A-3917 (b), relating to income from farming) of the tax for the year. (2) The amount, if any, of the installment paid on or before the last date prescribed for payment. (c) Period of underpayment. The period of the underpayment shall run from the date the installment was required to be paid to whichever of the following dates is the earlier: (1) The 15th day of the fourth month following the close of the taxable year. (2) With respect to any portion of the underpayment, the date on which the portion is paid. For the purposes of this paragraph, a payment of estimated tax on the installment date or, in the case of a corporation, the 15th day of the first month of the succeeding taxable year shall be considered a payment of any previous underpayment only to the extent the payment exceeds the amount of the installment determined under subsection (b)(1) for the installment date or, in the case of a corporation, the 15th day of the first month of the succeeding taxable year.

"GA1978.1.596">

(d) Exception. Notwithstanding the provisions of subsections (a), (b), and (c), the addition to the tax with respect to any underpayment of any installment shall not be imposed if the total amount of all payments of estimated tax made on or before the last date prescribed for the payment of the installment equals or exceeds the amount which would have been required to be paid on or before the last date prescribed for the payment if the estimated tax were whichever of the following is the lesser: (1) The tax shown on the return for the preceding taxable year, if a return showing a liability for tax was filed by the taxpayer for the preceding taxable year and the preceding year was a taxable year of 12 months. (2) An amount equal to the tax computed at the rates applicable to the taxable year, on the basis of the taxpayer's status with respect to Section 91A-3606 for the taxable year, but otherwise on the basis of the facts shown on the return of the taxpayer for, and the law applicable to, the preceding taxable year. (3) An amount equal to 70 percent (66 2/3 percent in the case of individuals referred to in Section 91A-3917 (b), relating to income from farming) of the tax for the taxable year computed by placing on an annualized basis the taxable income for the months in the taxable year ending before the month in which the installment is required to be paid. For purposes of this paragraph, the taxable income shall be placed on an annualized basis by: (A) Multiplying by 12 or, in the case of a taxable year of less than 12 months, the number of months in the taxable year the taxable income (computed without deduction of personal exemptions) for the months in the taxable year ending before the month in which the installment is required to be paid; (B) Dividing the resulting amount by the number of months in the taxable year ending before the month in which the installment date falls; and (C) Deducting from the amount the deductions for personal exemptions, if any, allowable for the taxable year,

"GA1978.1.597">

the personal exemptions to be determined as of the last date prescribed for payment of the installment. (4) In the case of an individual, an amount equal to 90 percent of the tax computed, at the rates applicable to the taxable year, on the basis of the actual taxable income for the months in the taxable year ending before the month in which the installment is required to be paid. (e) Application to individual. For purposes of applying this Section in the case of an individual: (1) The estimated tax shall be computed without any reduction for the amount which the individual estimates as his credit under Section 91A-3913(a), relating to tax withheld at source on wages. (2) The amount of the credit allowed under Section 91A-3913 (a) for the taxable year shall be deemed a payment of estimated tax and an equal part of the amount shall be deemed paid on each installment date as determined under Section 91A-3919 for the taxable year. If the taxpayer establishes the dates on which all amounts were actually withheld, the amounts so withheld shall be deemed payments of estimated tax on the dates on which the amounts were actually withheld. (f) `Tax' defined. For purposes of subsections (b) and (d), `tax' means the tax imposed by Section 91A-3601 reduced by the credits against the tax allowed by law other than the credit against tax provided by Section 91A-3913 (a), relating to tax withheld on wages. 91A-3922. Refunds and credits of estimated tax. (a) Credit against income tax. The amount of estimated tax paid under this Chapter for any taxable year shall be allowed as a credit to the taxpayer against the taxpayer's income tax liability under Sections 91A-3601 or 91A-3602 for the taxable year. (b) Overpayment. To the extent that the estimated tax credit, together with other credits allowed by law, is in excess of the taxpayer's income tax liability for a taxable year, as shown on an income tax return filed by the taxpayer for that year, the overpayment shall be considered as taxes erroneously paid and shall be credited

"GA1978.1.598">

or refunded as provided in this subsection. The overpayment shall be credited to the taxpayer's estimated income tax liability for the succeeding taxable year unless the taxpayer claims a refund for the overpayment. The Commissioner may consider any final return showing an overpayment as per se a claim for refund. An overpayment shall bear no interest if credit is given for the overpayment. Amounts refunded as overpayments shall bear interest at the rate of nine percent per annum but only after 90 days from the filing date of the final return showing the overpayment or 90 days from the due date of the final return, whichever is later. 91A-3923. Application of Chapter to short taxable years. The application of this Chapter to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Commissioner. 91A-3924. Nondeductibility of tax for income tax purposes. The tax deducted and withheld under this Chapter shall not be allowed as a deduction either to the employer or to the employee in computing taxable income for income tax purposes. No payment of estimated tax shall be allowed as a deduction in computing taxable income for income tax purposes. 91A-3925. Reciprocity. In the administration and enforcement of this Chapter with respect to a taxpayer whose income may be subject to the current income tax payment laws of two or more taxing jurisdictions including this State, the Commissioner may make reciprocal arrangements with the taxing authorities of the other jurisdictions for the relief of the taxpayer from the multiple burden imposed by the operation of several current income tax payment laws. 91A-3926. Assessable penalties; additions to tax. (a) Assessable as tax. The liabilities specified in this Section shall be paid upon notice and demand by the Commissioner and shall be assessed and collected in the same manner as are income taxes. Except as otherwise provided by law, any reference to `tax' imposed under this Chapter shall be deemed also to refer to the liabilities specified in this Section. (b) Failure to withhold tax. Any person required to deduct and withhold the tax required by Section 91A-3902 who, with respect to

"GA1978.1.599">

each wage payment to each employee, fails to deduct and withhold the required tax shall pay a penalty of $10 unless it is shown that the failure is due to reasonable cause and not to wilful neglect. The penalty shall not exceed $ 10 quarterly for each employee with respect to whose wages the failure occurred. (c) Failure to file employer return or pay tax. If an employer fails to file, within the prescribed time, a return required under this Chapter or to pay, when due, the tax required under this Chapter, or both, unless it is shown that such failure is due to reasonable cause and not to wilful neglect, there shall be added to the amount required to be shown as tax on the return five percent of the amount of the tax if the failure is for not more than one month and an additional five percent for each additional month or fraction of a month during which the failure continues. The penalty shall not exceed 25 percent in the aggregate of the tax and in no event shall the amount so added be less than $5.00. In the case of failure to file a return or when no tax is due, a penalty of $5.00 shall be collected. If any check or money order in payment of any amount is not paid when duly presented for payment, it shall constitute a failure to pay under this subsection. (d) Fraudulent withholding receipt. Any person required to furnish an employee with a withholding receipt required by Section 91A-3906, who wilfully furnishes a false or fraudulent receipt, shall for each such receipt be subject to a penalty of $50. (e) Interest. If the tax imposed by this Chapter on employers is not paid on the date prescribed for payment in Section 91A-3904 and is not adjusted as authorized in Section 91A-3905, interest on the unpaid amount at the rate of nine percent per annum shall be paid for the period from the due date of the tax, irrespective of any extension of time for payment, until the date of payment. The interest shall be assessed and collected as part of the tax. (f) Failure of corporation to file declaration of estimated tax. If a corporation fails to timely file a required declaration of estimated tax, a penalty shall be assessed against the corporation in an amount equal to five percent of the Georgia income tax imposed on the corporation for the taxable year.

"GA1978.1.600">

91A-3927. Fractional parts of a dollar. The Commissioner may disregard a fractional part of a dollar in the allowance of any amount as a credit or refund or in the assessment or collection of any amount as a deficiency or underpayment. CHAPTER 91A-40. LOCAL INCOME TAX 91A-4001. Definitions. As used in this Chapter: (a) `Municipality' means only those incorporated municipalities which impose a tax other than the local income tax authorized by this Chapter and which provide at least three of the following services: (1) Fire protection. (2) Garbage collection. (3) Library. (4) Police protection. (5) Sewerage. (6) Water. (b) `Resident' means a `resident' as defined in Section 91A-3501, except that the phrase, `the county, or municipality, imposing the local income tax', shall be substituted for the terms, `Georgia' and `this State', where required in order to carry forth the natural meaning of the term `resident' when used and interpreted for the purposes of this Chapter. 91A-4002. Counties and municipalities authorized to levy a local income tax: limitation. (a) Subject to the requirement of a referendum election as provided in this Chapter, the governing authority of each county or municipality of this State, by ordinance or resolution enacted pursuant to the procedure set forth in this Chapter, may adopt a local income tax at the rate of one percent upon the entire Georgia taxable net income, as defined in Section 91A-3501, of every resident individual of the county or municipality and of every corporation and fiduciary with respect to the portion of its

"GA1978.1.601">

Georgia taxable net income which is reasonably attributable to property owned and business done by it within the county or municipality, to be determined by application of the Three Factor Ratio provided for in Section 91A-3611. (b) No individual whose gross income is less than $7,500 in any year shall be subject to any tax imposed pursuant to this Chapter for such year. 91A-4003. Referendum election for county. (a) Whenever the governing authority of any county wishes to impose the local income tax authorized by this Chapter, the governing authority shall notify the election superintendent of the county of the desire to impose the tax. Upon receipt of the notice, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county for approval or rejection. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call, but in no event later than June 1 of any calendar year. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. (b) The ballot for an election held pursuant to this Section shall have written or printed on its face the following: `() YES () NO Shall (name of county) County levy a local income tax?' (c) In each election held pursuant to this Section, all persons desiring to vote in favor of levying the tax shall vote `Yes' and those persons opposed to levying the tax shall vote `No'. If more than 50 percent of the electors qualified to vote at the election cast a ballot in the election and if more than one-half of the votes cast on the question are in favor of levying the tax, the tax may be levied in accordance with the provisions of this Chapter. Otherwise, the tax may not be levied and the question of the imposition of the tax may not again be submitted to the voters of the county within 24 months immediately following the month in which the election was held. (d) The election superintendent shall hold and conduct each election pursuant to this Section under the same rules and regulations

"GA1978.1.602">

as govern special elections, except as otherwise provided in this Chapter. He shall canvass the returns and declare and certify the result of the election and shall certify the result of the election to the Secretary of State and to the Commissioner. (e) The expense of any election held pursuant to this Section shall be borne by the county wherein the election was held. 91A-4004. Procedure for levy; effective date of imposition of local income tax. When approved in a referendum election as provided by Section 91A-4003, the governing authority of a county may levy a local income tax under this Chapter by adopting a resolution evidencing such intent and forwarding a certified copy of the resolution to the Commissioner within 10 days of the adoption of the resolution. The effective date of the imposition of the tax shall be on January 1 following the adoption of the resolution. 91A-4005. Administration and collection of taxes. The local income tax levied pursuant to this Chapter shall be exclusively administered and collected by the Commissioner for the use and benefit of the political subdivisions levying or entitled to the proceeds of the tax. The administration and collection of the tax shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided by the State income tax laws. 91A-4006. Distribution of proceeds of local income tax. (a) The proceeds of the local income tax collected by the Commissioner pursuant to this Chapter shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the State in order to defray the costs of the administration. (2) Except for the percentage provided for in paragraph (1) of this subsection, the county levying the tax shall receive that portion of the proceeds of the tax as the population of the county in the area outside the limits of any municipality bears to the total population of the county.

"GA1978.1.603">

(3) Except for the percentage provided for in paragraph (1) of this subsection, each incorporated municipality lying wholly or partially within the county levying the tax shall receive that portion of the proceeds of the tax as the municipality's population, lying wholly within the county levying the tax, bears to the total population of the county. (b) As used in this Section, `population' means population as determined by the census. 91A-4007. Procedure for levy of local income tax by municipalities. (a) In the event the governing authority of the most populous municipality within a particular county adopts a resolution requesting the governing authority of the county to levy the local income tax authorized by this Chapter and the governing authority of the county does not initiate a referendum election as provided for in Section 91A-4003 within 90 days after the adoption of the municipality's resolution, the governing authority of any municipality located in the county may issue the call for a referendum election on the question of the imposition of the tax upon the municipality's residents. As to DeKalb County, it shall be conclusively presumed that the City of Decatur is the most populous municipality within the meaning of this Chapter. (b) The provisions of Section 91A-4003 shall apply to a referendum election held by a municipality pursuant to this Section except that: (1) The call for the referendum election shall be issued by the governing authority of the municipality. (2) The municipal superintendent of elections shall carry out the duties prescribed for the county election superintendent by Section 91A-4003. (3) The question on the ballot shall be changed to apply to the municipality. (4) The cost of the referendum election shall be borne by the municipality.

"GA1978.1.604">

(c) If the imposition of a tax is approved at the referendum election provided for by subsection (a), the entire proceeds of the tax, except for the percentage provided for in Section 91A-4006 (a) (1), shall be disbursed to the municipality levying the tax. Any tax imposed by a municipality pursuant to this Chapter shall be levied in the same manner, under the same conditions, and in accordance with the provisions of this Chapter in the same manner as if a county were levying the tax. (d) In the event any county holds a referendum election, subsequent to a municipal election within the county, on the question of imposing the local income tax authorized by Section 91A-4002 and the imposition of the tax is approved at such referendum election, the authority of any municipality located within the county to impose the tax authorized pursuant to subsections (a) and (c) of this Section shall cease upon the effective date of the imposition of the local income tax by the county. 91A-4008. Procedure for discontinuance of local income tax. Any jurisdiction levying the local income tax authorized by this Chapter may cease to impose the tax effective on January 1 following the adoption of a resolution evidencing its intent to discontinue levying the tax, but only if a certified copy of the resolution is immediately transmitted to the Commissioner. 91A-4009. Conditions which must be met prior to levying the local income tax. As a condition precedent to the exercise of the authority to levy the local income tax authorized by this Chapter for the year following the initial year in which it is levied, the governing authority of each county and municipality receiving any proceeds from the imposition of the tax shall adjust its mill rate for ad valorem taxation so that the aggregate revenue derived from ad valorem taxation by the county or municipality shall not exceed that total received by it from ad valorem taxation for the previous year less an amount which equals the net proceeds derived by the county or municipality from the local income tax imposed pursuant to this Chapter during the previous year. 91A-4010. Local income tax prohibited where local sales and use tax in effect. When a county or a municipality within a county levies a local sales and use tax, neither the county, nor any municipality within the county, may levy the local income tax authorized by this Chapter during the same period of time.

"GA1978.1.605">

(Chapter 91A-41 through 91A-44, RESERVED) PART V. SALES USE TAXES CHAPTER 91A-45. STATE SALES AND USE TAX 91A-4501. Definitions. As used in this Chapter: (a) `Business' means any activity engaged in by any person, or caused to be engaged in by any person, with the object of gain, benefit, or advantage, whether engaged in or caused to be engaged in directly or indirectly. (b) `Cost price' means the actual cost of articles of tangible personal property without any deductions from the actual cost on account of the cost of materials used, labor costs, service costs, transportation charges, or any other expenses of any kind. (c) `Dealer' means every person who: (1) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this State tangible personal property and who cannot prove that the tax levied by this Chapter has been paid on the sale at retail, use, consumption, distribution, or storage of the tangible personal property. (2) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, use, consumption, distribution, or storage to be used or consumed in this State. (3) Leases or rents tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property. (4) Leases or rents tangible personal property for a consideration, permitting the use or possession of the property without transferring title to the property. (5) Maintains or has within this State, indirectly or by a subsidiary, an office, distributing house, sales room, or house, warehouse, or other place of business.

"GA1978.1.606">

(6) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage to be used or consumed in this State. (7) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, use, consumption, distribution, or storage to be used or consumed in this State tangible personal property. (8) Solicits business either by representatives or by the distribution of catalogs or other advertising matter and by reason of the solicitation receives and accepts orders from consumers in this State. Each dealer, as defined in this paragraph, shall collect the tax imposed by this Chapter from the purchaser and no action either in law or in equity on a sale or transaction may be had in this State by the dealer unless it is affirmatively shown that the provisions of this Chapter have been fully complied with. (d) `Gross sales' means the: (1) Sum total of all retail sales of tangible personal property or services, without any deduction of any kind or character other than as provided in this Chapter. (2) Charges, when applied to sales of telephone service, made for local exchange telephone service, except local messages which are paid for by inserting coins in coin-operated telephones, but including the total amount of the guaranteed charge for semipublic coin box telephone services. (e) `Lease or rental' means the leasing or renting of tangible personal property and the possession or use of the property by the lessee or rentee for a consideration, without transfer of the title of the property. (f) `Retail sale' or a `sale at retail' means: (1) A sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property or services taxable under this Chapter including, but not limited to, any such transactions as the Commissioner upon investigation

"GA1978.1.607">

finds to be in lieu of sales. Sales for resale must be made in strict compliance with the Commissioner's rules and regulations. Any dealer making a sale for resale which is not in strict compliance with the Commissioner's rules and regulations shall himself be liable for and pay the tax. (2) The sale of natural or artificial gas, oil, gasoline, electricity, solid fuel, transportation, local telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale. (3) The sale or charges for any room, lodging, or accommodation furnished to transients by any hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. This tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 90 continuous days or more. (4) Sales of tickets, fees, or charges made for admission to or voluntary contributions made to places of amusement, sports, or entertainment including, but not limited to: (A) Billiard and pool rooms. (B) Bowling alleys. (C) Amusement devices. (D) Musical devices. (E) Theaters. (F) Opera houses. (G) Moving picture shows. (H) Vaudeville. (I) Amusement parks. (J) Athletic contests including, but not limited to, wrestling matches, prize fights, boxing and wrestling exhibitions, football games, and baseball games.

"GA1978.1.608">

(K) Skating rinks. (L) Race tracks. (M) Public bathing places. (N) Public dance halls. (O) Any other place at which any exhibition, display, amusement, or entertainment is offered to the public or place where an admission fee is charged. (5) Charges made for the operation of coin-operated musical devices and other coin-operated amusement devices. (6) Charges made for participation in games and amusement activities. (7) (A) Sales of tangible personal property to persons for resale when there is likelihood that the State will lose tax funds due to the difficulty of policing the business operations because: (i) Of the operation of the business. (ii) Of the very nature of the business. (iii) Of the turnover of so-called independent contractors. (iv) Of the lack of a place of business in which to display a certificate of registration. (v) Of the lack of a place of business in which to keep records. (vi) Of the lack of adequate records. (vii) The persons are minors or transients. (viii) The persons are engaged in essentially service businesses.

"GA1978.1.609">

(ix) Of any other reasonable reason. (B) The Commissioner may promulgate rules and regulations requiring vendors of persons described in paragraph (7) (A) of this subsection to collect the tax imposed by this Chapter on the cost price of the tangible personal property to such persons. The Commissioner shall refuse to issue certificates of registration and may revoke certificates of registration issued in violation of his rules and regulations. (g) `Retailer' means every person making sales at retail, or for distribution, use, consumption, or storage to be used or consumed in this State. (h) `Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration and `sale' includes, but is not limited to: (1) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in fabrication work. (2) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property. (3) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price. (i) (1) `Sales price' means the total amount valued in money, whether paid in money or otherwise, for which tangible personal property or services are sold including, but not limited to, any services that are a part of the sale and any amount for which credit is given to the purchaser by the seller, without any deduction from the total amount on account of the cost of the property sold, the cost of materials used, labor or service costs, losses, or any other expenses of any kind.

"GA1978.1.610">

(2) `Sales price' does not include: (A) Cash discounts allowed and taken on sales. (B) The amount charged for labor or services rendered in installing, applying, remodeling, or repairing property sold. (C) Finance charges, carrying charges, service charges, or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price. (j) `Storage' means any keeping or retention in this State of tangible personal property for use or consumption in this State or for any purpose other than sale at retail in the regular course of business. (k) `Use' means the exercise of any right or power over tangible personal property incident to the ownership of the property including, but not limited to, the sale at retail of the property in the regular course of business. (l) `Use tax' includes the use, consumption, distribution, and storage as defined in this Chapter. 91A-4502. Imposition of tax; rate; to be in addition to other taxes. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and the services described in this Chapter. (b) (1) Every purchaser of tangible personal property at retail in this State shall be liable for a tax on the purchase at the rate of three percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this Chapter. The retailer shall remit the tax to the Commissioner, as provided in this Chapter, and when received by the Commissioner the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this State shall be a retailer and a dealer and shall be liable for a tax on the sale at the

"GA1978.1.611">

rate of three percent of the gross sale or gross sales, or the amount of taxes collected by him from his purchaser or purchasers, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. (c) Upon the first instance of use, consumption, distribution, or storage within this State of tangible personal property purchased at retail outside this State, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of three percent of the cost price or fair market value of the property, whichever is the lesser. This subsection shall not be construed so as to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this Chapter for like taxes previously paid in another state. (d) (1) Every person to whom tangible personal property in the State is leased or rented shall be liable for a tax on the lease or rental at the rate of three percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others, as a dealer under this Chapter, shall remit the tax to the Commissioner, as provided in this Chapter. When received by the Commissioner the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this State to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of three percent of the gross lease or rental proceeds, or the amount of taxes collected by him from persons to whom he leases or rents tangible personal property, whichever is greater. (2) No lease or rental shall be taxable to the person who leases or rents tangible property to another which is not taxable to the person to whom the property is leased or rented. (3) The lessee of both taxable and exempt property in this State under a single lease agreement containing a lease period of 10 years or more shall have the option to discharge in full all sales and use taxes imposed by this Chapter relating to the

"GA1978.1.612">

tangible personal property by paying in a lump sum three percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property. (e) Upon the first instance of use within this State of tangible personal property leased or rented outside this State, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of three percent of the rental charge paid to the person who leased or rented the property to the person to whom the property is leased or rented, subject to the credit authorized for like taxes previously paid in another state. (f) (1) Every person purchasing any service within this State, the purchase of which is a `retail sale,' shall be liable for tax on the purchase at the rate of three percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchasing the service to the person furnishing the service. The person furnishing the service, as a dealer under this Chapter, shall remit the tax to the Commissioner, as provided in this Chapter, and when received by the Commissioner the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a `retail sale,' shall be a dealer and shall be liable for a tax on the sale at the rate of three percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him from the person to whom the service was furnished, whichever is greater. (2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service. (g) Whenever a purchaser of tangible personal property under subsection (b), or a lessee or rentee of the property under subsection (d), or a purchaser of tangible services under subsection (f) does not pay the tax imposed upon him to the retailer, lessor, or renter, as the case may be, involved in the taxable transaction, the purchaser, lessee, or rentee shall be a dealer himself and the Commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax imposed directly

"GA1978.1.613">

against and from the purchaser, lessee, or rentee unless the purchaser, lessee, or rentee shows that the retailer, lessor, or renter involved in the transaction has nevertheless remitted to the Commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or renter involved. (h) The tax imposed by this Section shall be collected from the dealer and paid at the time and in the manner provided in this Chapter. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. (i) The tax levied by this Section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied. 91A-4503. Exemptions. The sales and use taxes levied or imposed by this Chapter shall not apply to: (a) Sales to the United States Government, this State, any county or municipality of this State, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds. (b) Transactions in which tangible personal property is furnished by the United States Government or by a county or municipality of this State to any person who contracts to perform services for the governmental entity for the installation, repair, or extension of any public water, gas, or sewage system of the governmental entity when the tangible personal property is installed for general distribution purposes, notwithstanding the provisions of Section 91A-4536 or any other provision of this Chapter. No exemption is granted with respect to tangible personal property installed to serve a particular property site. (c) The federal retailers' excise tax if the tax is billed to the consumer separately from the selling price of the product or the tax imposed by Chapter 91A-50, relating to motor fuel taxes.

"GA1978.1.614">

(d) Sales by counties and municipalities arising out of their operation of any public transit facility and sales by public transit authorities or charges by counties, municipalities, or authorities for the transportation of passengers upon their conveyances. (e) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. `Urban transit system' means a public transit system, primarily urban in character, which is operated by a street railroad company or a motor common carrier and is subject to the jurisdiction of the Georgia Public Service Commission, with its fares and charges being regulated by the Commission, or is operated pursuant to a franchise contract with a municipality of this State so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Public Service Commission, or the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed annually with the Commissioner. (f) Sales to any hospital authority created by Code Chapter 88-18. (g) Sales of tangible personal property and services to a nonprofit licensed nursing home or a nonprofit general or mental hospital used exclusively by the nursing home or hospital in performing a general nursing home, hospital, or mental treatment function in this State when the licensed nursing home or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the Commissioner. (h) Sales of tangible personal property and services to the University System of Georgia and its educational units. (i) Sales of tangible personal property and services to be used exclusively for educational purposes by those private colleges and universities in this State whose academic credits are accepted as equivalents by the University System of Georgia and its educational units. (j) Sales of tangible personal property and services to be used exclusively for educational purposes by those bona fide private elementary

"GA1978.1.615">

and secondary schools which have been approved by the Commissioner as organizations eligible to receive tax deductible contributions, if application for exemption is made to the Department and proof of the exemption is established. (k) Sales of tangible personal property or services to, and the purchase of tangible personal property or services by, any educational and cultural institute which: (1) Is tax exempt under Section 501 (c) (3) of the Internal Revenue Code of 1954; (2) Furnishes at least 50 percent of its programs through universities and other institutions of higher education in support of their educational programs; (3) Is paid for by government funds of a foreign country; and (4) Is an instrumentality, agency, department, or branch of a foreign government operating through a permanent location in this State. (l) School lunches sold and served to pupils and employees of public schools. (m) Sales of food to be consumed on the premises by pupils and employees of bona fide private elementary and secondary schools which have been approved by the Commissioner as organizations eligible to receive tax deductible contributions when application for the exemption is made to the Department and proof of the exemption is established. (n) The sale or use within this State of objects of art and anthropological, archeological, geological, horticultural, and zoological objects or artifacts and other similar tangible personal property by any museum for display or exhibition in the museum when the museum is open to the public and has been approved by the Commissioner as an organization eligible to receive tax deductible contributions.

"GA1978.1.616">

(o) Sales of any religious paper in this State when the paper is owned and operated by religious institutions or denominations and no part of the net profit from the operation of the institution or denomination inures to the benefit of any private person. (p) The sale or use of Holy Bibles, Testaments, and similar books, commonly recognized as being Holy Scripture, regardless of by or to whom sold. (q) The sale of fuel and supplies for use or consumption aboard ships plying the high seas, either in intercoastal trade between ports in this State and ports in other states of the United States or its possessions, or in foreign commerce between ports in this State and ports of foreign countries. (r) Charges made for the transportation of tangible personal property including, but not limited to, charges for accessorial charges such as refrigeration, switching, storage, and demurrage made in connection with interstate and intrastate transportation of the property. (s) All tangible personal property purchased outside of this State by persons who at the time of purchase are not domiciled in this State but who subsequently become domiciled in this State and bring the property into this State for the first time as a result of the change of domicile, if the property is not brought into the State for use in a trade, business, or profession. (t) The sale of water delivered to consumers through water mains, lines, or pipes. (u) Sales, transfers, or exchanges of tangible personal property made as a result of a business reorganization when the owners, partners, or stockholders of the business being reorganized maintain the same proportionate interest or share in the newly formed business reorganization. (v) Professional, insurance, or personal service transactions which involve sale as inconsequential elements for which no separate charges are made.

"GA1978.1.617">

(w) Fees or charges for services rendered by repairmen for which a separate charge is made and the amount charged for labor or services rendered in installing, applying, remodeling, or repairing property sold by the seller as provided in Section 91A-4501(i). (x) The rental of motion picture film. (y) The sale of seed, fertilizers, insecticides, fungicides, rodenticides, herbicides, defoliants, soil fumigants, plant growth regulating chemicals, desiccants (including, but not limited to, shavings and sawdust from wood, peanut hulls, fuller's earth, straw, and hay) when used directly in tilling the soil. (z) The sale of feed for livestock, fish, or poultry when used directly in animal, fish, or poultry husbandry. (aa) The sale of sugar used as food for honeybees kept for the commercial production of honey, beeswax, and honeybees when the Commissioner's prior approval is obtained. (bb) The sale of cattle, hogs, sheep, horses, poultry, or bees when sold for breeding purposes. (cc) The sale of the following types of agricultural machinery: (1) Machinery and equipment for use on the farm in the production of poultry and eggs for sale. (2) Machinery and equipment used in the hatching and breeding of poultry and the breeding of livestock. (3) When a producer of poultry, eggs, fluid milk, or livestock for sale also harvests farm crops to be used on the farm by the producer as feed for poultry or livestock, production of poultry, eggs, fluid milk, or livestock includes the harvesting of the farm crops. (4) Machinery and equipment for use on the farm in the production, processing, and storage of fluid milk for sale. (5) Machinery and equipment for use on the farm in the production of livestock for sale.

"GA1978.1.618">

(6) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is incorporated for the first time into a new farm unit engaged in tilling the soil or in animal husbandry in this State. (7) Machinery which is used directly in tilling the soil or in animal husbandry when: (A) The machinery is incorporated, as additional machinery, for the first time into a presently existing farm unit engaged in tilling the soil or in animal husbandry in this State; and (B) The acquisition of the machinery results in a substantial increase in both the employment and the productive capacity of the farm unit. (8) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery which is bought to replace machinery in a presently existing farm unit engaged in tilling the soil or in animal husbandry in this State to the extent that the normal productive capacity of the replacement machinery exceeds the normal productive capacity of the machinery replaced, but only when the acquisition of the machinery results in a substantial increase in both the employment and the productive capacity of the farm unit. (9) Rubber tired farm tractors and attachments to the tractors which are sold to persons engaged primarily in producing farm crops for sale and which are used exclusively in tilling, planting, cultivating, and harvesting farm crops and equipment used exclusively in harvesting farm crops which are sold to persons engaged primarily in producing farm crops for sale. For the purposes of this paragraph, `farm crops' includes only those crops which are planted and harvested within a 12-month period. (dd) The sale of a vehicle to a service-connected handicapped veteran when the veteran received a grant from the Veterans Administration to purchase and specially adapt the vehicle to his handicap.

"GA1978.1.619">

(ee) The sale of tangible personal property manufactured or assembled in this State for export when delivery is taken outside this State. (ff) Aircraft, watercraft, motor vehicles, and other transportation equipment manufactured or assembled in this State when sold by the manufacturer or assembler for use exclusively outside this State and when possession is taken from the manufacturer or assembler by the purchaser within this State for the sole purpose of removing the property from this State under its own power when the equipment does not lend itself more reasonably to removal by other means. (gg) (1) The sale of aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, which will be used principally to cross the borders of the State in the service of transporting passengers or cargo by common carriers in interstate or foreign commerce under authority granted by the United States Government. Replacement parts installed by carriers in the aircraft, watercraft, railroad locomotives and rolling stock, and motor vehicles which become an integral part of the craft, equipment, or vehicle shall also be exempt from all taxes under this Chapter. (2) In lieu of any tax under this Chapter which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this subsection except for this exemption, the tax under this Chapter shall apply with respect to all fuel purchased and delivered within this State by or to any common carriers and all fuel purchased outside this State and stored in this State irrespective, in either case, of the place of its subsequent use. (hh) The sale of the following type of manufacturing machinery: (1) (A) Machinery which is used directly in the manufacture of tangible personal property when the machinery is bought to replace machinery in a manufacturing plant presently existing in this State to the extent that the normal productive capacity of the replacement machinery exceeds the normal productive capacity of the machinery replaced.

"GA1978.1.620">

(B) Any person making a sale for any of the purposes specified in this paragraph shall collect the tax imposed on the sale by this Chapter and remit the tax to the Commissioner. To obtain the benefits of this paragraph, the purchaser shall file a claim for refund with the Commissioner in the manner authorized by the general law and, if the Commissioner determines that the requirements of this paragraph have been met, he may refund, without interest, the portion of the tax paid by the purchaser which the Commissioner finds to be due under the provisions of this paragraph. For the purposes of this paragraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. (2) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated for the first time into a new manufacturing plant located in this State. (3) Machinery which is used directly in the manufacture of tangible personal property when: (A) The machinery is incorporated, as additional machinery, for the first time into a manufacturing plant presently existing in this State; and (B) The acquisition of the machinery results in a substantial increase in the productive capacity of the plant. (4) Any person making a sale of machinery for either of the purposes specified in paragraphs (2) and (3) of this subsection shall collect the tax imposed on the sale by this Chapter unless the purchaser furnishes him with a certificate issued by the Commissioner certifying that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the Commissioner, in his discretion, may require a good and valid bond with a surety company authorized to do business in this State as surety, or legal securities, in an amount fixed by the Commissioner, conditioned upon payment by the purchaser of all taxes due under this Chapter in the event it should be determined that the sale failed to meet the requirements of this paragraph.

"GA1978.1.621">

(ii) (1) The sale, use, storage, or consumption of: (A) Industrial materials for future processing, manufacture, or conversion into articles of tangible personal property for resale when the industrial materials become a component part of the finished product. (B) Industrial materials, other than machinery and machinery repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacture, or conversion. (C) Materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, the items shall be used solely for packaging and shall not be purchased for reuse. (2) As used in this subsection, `industrial materials' does not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice, or other materials used for heat, light, power, or refrigeration in any phase of the manufacturing, processing, or converting process. (jj) (1) The sale of machinery and equipment which is incorporated into any facility and used for the primary purpose of reducing or eliminating air or water pollution. (2) Any person making a sale of machinery and equipment for the purposes specified in this subsection shall collect the tax imposed on the sale by this Chapter unless the purchaser furnishes him with a certificate issued by the Commissioner certifying that the purchaser is entitled to purchase the machinery and equipment without paying the tax. (kk) The sale of machinery and equipment for use to combat air and water pollution, and any industrial materials bought for further processing in the manufacture of tangible personal property for sale or any part of the industrial material or by-product which becomes a wasteful product contributing to pollution problems and which is used up in a recycling or burning process.

"GA1978.1.622">

(ll) Sales of tangible personal property and fees and charges for services by the Rock Eagle 4-H Center. (mm) (1) Purchases of machines or equipment that will be attached to or become a part of agricultural (including, but not limited to, animal and poultry husbandry operations), industrial, commercial, or residential property and will be used directly in the conversion of solar energy for heating, cooling, drying, or water heating. For the purposes of this subsection, `machines and equipment' includes all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating, cooling, drying, or water heating, but does 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, cooling, drying, or water heating. (2) Any person making a sale for any of the purposes specified in this subsection shall collect the tax imposed on the sale by this Chapter and remit the same to the Commissioner. To obtain the benefits of this subsection, the purchaser shall file a claim for refund with the Commissioner in the manner authorized by the general law and, if the Commissioner determines that the requirements of this subsection have been met, he may refund, without interest, the portion of the tax paid by the purchaser which the Commissioner finds to be due under the provisions of this subsection. For the purposes of this subsection, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. The Commissioner may adopt rules providing procedures for applying for the refund authorized by this subsection and for certifying whether a particular purchase of the machines or equipment is entitled to the refund. This subsection shall be repealed and shall be null and void effective July 1, 1986. (nn) The sale of major components and repair parts installed in military craft, vehicles, and missiles. 91A-4504. Tax collectible from dealers. The tax at the rate of three percent of the retail sales price, as of the moment of sale, or three percent of the cost price, as of the moment of purchase, as the

"GA1978.1.623">

case may be, shall be collectible from all persons engaged as dealers in the sale at retail, use, consumption, distribution, and storage for use or consumption in this State of tangible personal property. 91A-4505. Collection from purchaser by dealer; payment of tax on imported items. (a) Every dealer making sales, whether within or outside the State, of tangible personal property for distribution, storage, use, or other consumption in this State, at the time of making sales, shall collect the tax imposed by this Chapter from the purchaser. (b) On all tangible personal property imported, or caused to be imported, from another state or foreign country and used by him, the dealer shall pay the tax imposed by this Chapter the same as if the articles had been sold at retail for use or consumption in this State. For the purposes of this Chapter, the use, consumption, distribution, or storage to be used or consumed in this State of tangible personal property shall each be equivalent to a sale at retail and the tax shall be immediately levied and collected on the sale in the manner provided in this Chapter. There shall be no duplication of the tax in any event as a result of this subsection. 91A-4506. Intention of Chapter with respect to items to be exported or in interstate commerce; burden of proof; certificate. It is the intention of the General Assembly in enacting this Chapter to exercise its full and complete power to tax the retail purchase, retail sale, rental, storage, use, and consumption of tangible personal property and the services described in this Chapter, except to the extent prohibited by the Constitutions of the United States and of this State and to the extent of specific exemptions provided in this Chapter. 91A-4507. Burden of proof as to taxability; certificate that property is for resale. (a) All gross sales of a retailer are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale. (b) The certificate relieves the seller from the burden of proof, as provided in subsection (a), only if taken in good faith from a person who is engaged in the business of selling tangible personal property,

"GA1978.1.624">

who holds the permit provided for in this Chapter and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose. (c) The certificate to the effect that the property is purchased for resale shall be signed by and bear the name and address of the purchaser, shall indicate the number of the permit issued to the purchaser, and shall indicate the general character of the tangible personal property sold by the purchaser in the regular course of business. 91A-4508. Effect of use other than retention, demonstration, or display by giver of certificate or by processor, manufacturer, or converter. (a) If a purchaser who gives a certificate to the effect that property is purchased for resale makes any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the use shall be deemed a retail sale by the purchaser as of the time the property is first used by him and the cost of the property to him shall be deemed the gross receipts from the retail sale. If the sole use of the property other than retention, demonstration, or display in the regular course of business is the rental of the property while holding it for sale or the transportation of persons for hire while holding the property for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged or the total amount of the charges made by him for the transportation rather than the cost of the property to him. (b) If a person who engages in the business of processing, manufacturing, or converting industrial materials into articles of tangible personal property for sale, whether as custom-made or stock items, makes any use of the article of tangible personal property other than retaining, demonstrating, or displaying it for sale, the use shall be deemed a retail sale as of the time the article is first used by him and its fair market value at the time shall be deemed the sales price of the article. If the sole use of the article, other than retaining, demonstrating, or displaying it for sale, is the rental of the article while holding it for sale, the processor, manufacturer, or converter may elect to treat the amount of the rental charged rather than the fair market value of the article as its sales price.

"GA1978.1.625">

91A-4509. Effect of sale from commingled goods when certificate has been given. If a purchaser gives a certificate with respect to the purchase of fungible goods and after giving the certificate commingles these goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass cannot be determined, sales from the mass of commingled goods shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold. 91A-4510. Procedure when similar tax has been paid in another state. (a) The provisions of this Chapter shall not apply with respect to the use, consumption, distribution, or storage of tangible personal property for use or consumption in this State upon which a like tax equal to or greater than the amount imposed by this Chapter has been paid in another state. The proof of payment of the payment of the tax shall be determined according to rules and regulations made by the Commissioner. If the amount of tax paid in another state is not equal to or greater than the amount of tax imposed by this Chapter, the dealer shall pay to the Commissioner an amount sufficient to make the tax paid in the other state and in this State equal to the amount imposed by this Chapter. (b) Except as provided in this subsection, no credit shall be given under this Section for taxes paid in another state if the other state does not grant like credit for taxes paid in this State. Credit in the amount of tax actually paid in a state which does not grant like credit for taxes paid in this State shall be given, up to the amount of the like tax due in this State, in respect to, and only in respect to, any use in the other state of tangible personal property by a manufacturer or fabricator in fulfillment of a bona fide written contract to furnish the property and perform services relative to the property in the other state, when the property was manufactured or fabricated in this State exclusively for use by the manufacturer or fabricator as a contractor in fulfillment of the contract. 91A-4511. Dealer to collect tax as agent of State. Notwithstanding any exemption from taxes which a dealer enjoys under the Constitution or laws of this State, any other state, or the United States, the dealer shall collect the tax imposed by this Chapter from the purchaser or consumer and shall pay the tax over to the Commissioner as provided by law.

"GA1978.1.626">

91A-4512. Amount of tax as debt owed by purchaser to dealer; liability of dealer for failure to collect. Each dealer shall add the amount of the tax imposed under this Chapter, as far as practicable, to the sale price or charge. The tax shall be a debt from the purchaser or consumer to the dealer until it is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. If the issue of taxability is raised in any case, the person raising the issue shall furnish the Attorney General with a copy of the initial pleading in which the issue is raised. The Attorney General shall acknowledge receipt of the pleading and his acknowledgment shall be filed in the court in which the case is pending. Any judgment rendered in a case in which the acknowledgment has not been filed shall be void and of no effect. Any dealer who neglects, fails, or refuses to collect the tax provided for in this Chapter upon a retail sale of tangible personal property made by him, his agent, or his employee, when the sale is subject to the tax, shall be liable for and shall pay the tax himself. 91A-4513. Disposition of sums collected in excess of three percent. When the tax collected for any period is in excess of three percent, the total tax collected shall be paid over to the Commissioner, less the compensation to be allowed the dealer. 91A-4514. Advertising by dealer that he will assume tax prohibited. No person engaged in making retail sales shall advertise or hold out to the public, in any manner, directly or indirectly, that he will absorb all or any part of the tax or that he will relieve the purchaser of the payment of all or any part of the tax. 91A-4515. Agricultural products, poultry, and livestock not subject to use tax when used by producer. The use tax shall not apply to livestock, livestock products, poultry, poultry products, farm products, and agricultural products when produced by the farmer and used by him and the members of his family. 91A-4516. Exemption of agricultural commodities to be used in manufacture, etc. Each agricultural commodity sold by any person, other than a producer, to any other person who purchases not for direct consumption but for the purpose of acquiring raw products for use or for sale in the process of preparing, finishing, or manufacturing the agricultural commodity for the ultimate retail consumer trade is exempted from any and all provisions of this Chapter, including

"GA1978.1.627">

payment of the tax applicable to the sale, storage, use, transfer, or any other utilization or handling of the commodity, except when the commodity is actually sold as a marketable or finished product to the ultimate consumer. For the purposes of this Section, `agricultural commodity' means horticultural, poultry, and farm products and livestock and livestock products. 91A-4517. Payment of tax in case of trade-ins. When used articles are taken in trade, or a series of trades, as a credit or part payment on the sale of new and used articles, the tax levied by this Chapter shall be paid on the net difference of the new or used articles less the credits for the used articles. 91A-4518. Reporting cash and credit sales; change of basis; bad debts. (a) Any person taxable under this Chapter having both cash and credit sales may report the sales on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed and, once made, the election shall be irrevocable unless the Commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the Commissioner. (b) Any person reporting on a cash basis of accounting shall include in each report all cash sales made during the period covered by the report and collections made in any period on credit sales of prior periods and shall pay the tax on the sales at the time of filing the report. (c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the Commissioner on the same basis that bad debts are allowed as a deduction on State income tax returns. 91A-4519. Final return on sale of or quitting business; receipt or certificate to successor; liability of successor when no receipt or certificate given. If any dealer liable for any tax, interest, or penalty levied pursuant to this Chapter sells out his business or stock of goods or quits the business, he shall make a final return and payment within 15 days after the date of selling or quitting the business. The dealer's successor or assigns, if any, shall withhold a sufficient amount of the purchase money to cover the amount of the

"GA1978.1.628">

taxes, interest, and penalties due and unpaid until the former owner produces a receipt from the Commissioner showing that the taxes, interest, and penalties have been paid or a certificate stating that no taxes, interest, or penalties are due. If the purchaser of a business or stock of goods fails to withhold the purchase money as required by this Section, he shall be personally liable for the payment of the taxes, interest, and penalties accruing and unpaid on account of the taxable sales made by any former owner or assignor. 91A-4520. Notice to persons holding credits of delinquent dealers; duty of such persons. In the event any dealer is delinquent in the payment of the tax imposed by this Chapter, the Commissioner may give notice of the amount of the delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to the dealer and all persons owing any debts to the dealer at the time of receipt by them of the notice. Thereafter, no person so notified shall transfer or make any other disposition of the credits, other personal property, or debts until the Commissioner has consented to a transfer or disposition or until 30 days have elapsed after the receipt of the notice. Each person so notified must advise the Commissioner, within five days after receipt of the notice, of any and all credits, other personal property, or debts in his possession, under his control, or owing by him as provided in this Section. 91A-4521. Returns as to proceeds of sales and purchases; `estimated tax liability'; taxation of proceeds of rentals and leases of personalty; reports. (a) Each dealer on or before the 20th day of each month shall transmit returns to the Commissioner showing the gross sales and purchases arising from all sales and purchases taxable under this Chapter during the preceding calendar month. The Commissioner may provide by regulation for quarterly returns or, upon application, permit a dealer to file a return on a quarterly basis if found advisable by the Commissioner. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the Commissioner. (b) If the `estimated tax liability', as defined in this Section, of a dealer for any taxable period exceeds $2,500, the dealer shall file a return and remit to the Commissioner not less than 50 percent of the `estimated tax liability' for the taxable period on or before the 20th day of the period. The amount of the payment of the `estimated tax

"GA1978.1.629">

liability' shall be credited against the amount to be due on the return required under subsection (a). The estimated tax liability shall be based on the dealer's average monthly payments for the last fiscal year or the dealer's payment for the corresponding month of the last fiscal year. The provisions of this subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500 per month for three consecutive months or more. No local sales taxes shall be included in determining any `estimated tax liability.' (c) Gross proceeds from rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect to the gross proceeds in accordance with the rules and regulations prescribed by the Commissioner. (d) The Commissioner, in his discretion, may grant extensions upon written application to the end of the calendar month in which any tax return is due under this Section. No interest or penalty shall be charged, assessed, or collected by reason of the granting of an extension pursuant to this subsection. 91A-4522. Compensation of dealers for collecting tax. In reporting and paying the amount of tax due under this Chapter, each dealer shall be allowed a deduction equal to three percent of the amount due, but only if the amount due was not delinquent at the time of payment. 91A-4523. Penalties for failure to make return and for false or fraudulent return. When any dealer fails to make any return or pay the full amount of the tax required by this Chapter, there shall be imposed, in addition to other penalties provided by law, a specific penalty to be added to the tax in the amount of five percent or $5.00, whichever is greater, if the failure is for not more than 30 days and an additional five percent or $5.00, whichever is greater, for each additional 30 days or fraction of 30 days during which the failure continues. The penalty for any single violation shall not exceed 25 percent or $25.00 in the aggregate, whichever is greater. If the failure is due to providential cause shown to the satisfaction of the Commissioner in affidavit form attached to the return and remittance is made within 10 days of due date, the return may be accepted exclusive of penalties and interest. In the case of a false or fraudulent return or the failure to file a return, where willful intent

"GA1978.1.630">

exists to defraud the State of any tax due under this Chapter, a specific penalty of 50 percent of the tax due shall be assessed. 91A-4524. Extension of time for making returns; estimate when no return or false return filed; presumption of correctness. (a) The Commissioner for good cause may extend the time for making any returns required under the provisions of this Chapter for not more than 30 days. (b) In the event any dealer fails to make a report and pay the tax as provided by this Chapter or any dealer makes a grossly incorrect report or a report that is false or fraudulent, the Commissioner shall make an estimate for the taxable period of retail sales of the dealer and the gross proceeds from rentals or leases of tangible personal property by the dealer and shall estimate the cost price of all articles of tangible personal property imported by the dealer for use, consumption, distribution, or storage to be used or consumed in this State. Based upon his estimate, the Commissioner shall assess and collect the tax, interest, and penalty, as accrued, on the basis of the assessments. The Commissioner's assessments shall be considered prima facie correct and the burden to show the contrary shall rest upon the dealer. 91A-4525. Duty of dealer to keep records of sales, purchases, and invoices of goods; assessment when no invoice produced; presumption of correctness. (a) (1) Each dealer required to make a report and pay any tax under this Chapter shall keep and preserve: (A) Suitable records of the sales and purchases taxable under this Chapter. (B) Other books of account which are necessary to determine the amount of tax due. (C) Other information as required by the Commissioner. (D) For a period of three years, all invoices and other records of goods, wares, merchandise, and other subjects of taxation under this Chapter.

"GA1978.1.631">

(2) All books, invoices, and other records required to be kept by this subsection shall be open to examination at all reasonable hours to the Commissioner or any of his duly authorized agents. (b) In the event the dealer has imported the tangible personal property and he fails to produce an invoice showing the cost price of the article which is subject to tax or the invoice does not reflect the true or actual cost price, the Commissioner shall ascertain, in any manner feasible, the true cost price and shall assess and collect the tax with interest and penalties as accrued on the true cost price as assessed by the Commissioner. The assessment so made shall be considered prima facie correct and the burden to show the contrary shall rest upon the dealer. (c) In the case of the lease or rental of tangible personal property when the consideration given or reported by the dealer does not, in the judgment of the Commissioner, represent the true or actual consideration, the Commissioner may fix the true or actual consideration and collect the tax on the consideration in the same manner as provided in Section 91A-4524, with interest and penalties, as accrued. 91A-4526. Records of wholesalers and jobbers; keeping; inspection. Each wholesaler dealer or jobber in this State shall keep a record of all sales of tangible personal property made in this State, whether the sales are for cash or on terms of credit. The record shall contain and include the name and address of the purchaser, the date of the purchase, the article purchased, and the price at which the article is sold to the purchaser. These records shall be kept for a period of three years and shall be open to the inspection of the Commissioner or his duly authorized deputies, agents, and assistants at all reasonable hours during the day. 91A-4527. Dealers found to be delinquent or otherwise in default to furnish bond. (a) The Commissioner may require any dealer whom the Commissioner finds, after notice and the opportunity for a hearing, to have been chronically delinquent or chronically in default under this Chapter, to execute and file with the Commissioner a good and valid bond in a surety company authorized to do business in this State, or legal securities, in an amount not less than $1,000 or more than $10,000, as determined

"GA1978.1.632">

by the Commissioner, and in the manner deemed proper by the Commissioner. (b) The Commissioner may sell any security deposited with him pursuant to this Chapter at public auction if it is deemed necessary to do so in order to recover any tax or any amount required to be collected, plus penalty and interest due. Notice of the sale may be served upon the delinquent dealer either in person or by mail or upon the person who deposited the security either in person or by mail. If the service is made by mail, it shall be in the manner prescribed for service of notice of assessment and shall be addressed to the person at his address as it appears in the records of the Commissioner. If service is made other than by mail, notice of sale may be served personally by any duly authorized agent of the Commissioner. 91A-4528. Limitation on procedure when no return or false return is made; correctness of assessment. (a) If any dealer subject to make and file a return required by any provisions of this Chapter fails to render the return within the time required or renders a return which is false or fraudulent in that it contains statements which differ from the true gross sales, purchases, leases, or rentals taxable under this Chapter or otherwise fails to comply with the provisions of this Chapter for the taxable period for which the return is made, the Commissioner shall give the dealer 10 days' notice in writing prior to requiring the dealer to appear before him or his assistant with the books, records, and papers required by the Commissioner which relate to the business of the dealer for the taxable period. (b) Any assessment of a dealer by the Commissioner pursuant to this Chapter shall be deemed prima facie correct. 91A-4529. Delinquency procedure; execution. The tax imposed by this Chapter shall become delinquent for each month after the 20th day of each succeeding month. The Commissioner may and, when any tax becomes delinquent under this Chapter, shall issue a fi. fa. for the collection of the tax, interest, and penalty from each delinquent taxpayer. 91A-4530. Property returned to dealer; credit for tax payments: credit memorandums; forms.

"GA1978.1.633">

(a) (1) When property sold is subsequently returned by agreement to the dealer by the purchaser, the dealer shall be entitled to credit for the tax imposed by this Chapter with repect to the return allowance, in the manner prescribed by the Commissioner, as follows: (A) If property is returned within 90 days from the date of sale, the dealer in his original return for the taxable period in which the return is allowed by him may deduct from his gross sales the amount of the return allowance. (B) If property is returned more than 90 days from the date of sale, no credit shall be allowed except upon application for a credit memorandum in the amount of the tax imposed with respect to the return allowance. The application shall be made and credit memorandum issued in the manner prescribed by the Commissioner. The application shall be made within the time provided by law for the filing of claims for refund. The credit memorandum shall be applied by the dealer to his liability for each succeeding taxable period until exhausted. (C) When a dealer has retired from business and has filed a final return, a claim for refund of the tax for which the dealer would be entitled to credit under this subsection may be filed within the time and in the manner prescribed by law. (2) As used in this subsection, `return allowance' means the amount of the sales price or cost price refunded by the dealer to the purchaser in cash or credit. No credit shall be allowed to the dealer under this subsection for taxes collected by him from the purchaser unless the taxes collected have been returned by him to the purchaser. (b) The Commissioner shall make available to dealers all necessary forms for filing returns and instructions to insure a full collection from dealers and an accounting for the taxes due. Failure of any dealer to secure the Commissioner's forms shall not relieve the dealer from the payment of the tax at the time and in the manner provided in this Chapter.

"GA1978.1.634">

91A-4531. Designation of price brackets; use of tokens prohibited. The Commissioner may prepare suitable brackets of prices for the collection of the tax imposed. The use of tokens is forbidden and prohibited. 91A-4532. Dealer's certificate of registration; application; issuance; fee for renewal after suspension. (a) (1) Every person desiring to engage in or conduct business as a seller or dealer in this State shall file with the Commissioner an application for a `certificate of registration' for each place of business. (2) Each person whose business extends into more than one county shall be required to secure only one license under the provisions of this Chapter. The license shall cover all operations of the company throughout this State. (b) Every application for a certificate of registration shall be made upon a form prescribed by the Commissioner and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place or places of business, and such other information as the Commissioner may require. The application shall be signed: (1) If the owner is an individual, by the individual. (2) In the case of an association or partnership, by a member or partner. (3) In the case of a corporation, by an executive officer or some other person specifically authorized by the corporation to sign the application. Written evidence of this authority to sign shall be attached to the application. (c) When the required application has been made, the Commissioner shall grant and issue to the applicant a separate certificate of registration for each place of business within the State. A certificate of registration is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated in the certificate. The certificate shall be conspicuously displayed at all times at the place for which the certificate is issued.

"GA1978.1.635">

(d) A seller whose certificate of registration has been previously suspended or revoked shall pay the Commissioner a fee of $1.00 for the renewal or issuance of a certificate of registration. 91A-4533. Revocation of certificate of registration for violation of Chapter or regulations; hearing; notice. Whenever any person fails to comply with any provision of this Chapter or any rule or regulation of the Commissioner relating to this Chapter, the Commissioner upon hearing, after giving the person 10 days' notice in writing specifying the time and place of hearing and requiring him to show cause why his certificate of registration should not be revoked, may revoke or suspend any one or more of the certificates of registration held by the person. The notice may be served in person or by registered or certified mail directed to the last known address of the person. 91A-4534. Political subdivisions prohibited from imposing sales or use taxes; exceptions. Except as otherwise authorized by the General Assembly, no county, municipality, school district, or political subdivision of the State shall impose, levy, or collect a gross receipts tax, sales tax, use tax, or tax on amusement admission or services included in this Chapter. 91A-4535. Time of assessment; limitation of actions. (a) (1) Except as provided in this Section, the amount of taxes imposed by this Chapter shall be assessed within three years after the return is filed and no proceeding in court without assessment for the collection of the taxes shall be begun after the expiration of the three-year period. (2) In the case of a false or fraudulent return with intent to evade payment of taxes imposed by this Chapter or a failure to file a return, the tax may be assessed or a proceeding in court for the collection of the tax may be begun without assessment at any time. (b) When before the expiration of the time prescribed for the assessment of taxes imposed by this Chapter both the Commissioner and the taxpayer have agreed in writing to assessment after such time, the taxes may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended

"GA1978.1.636">

by subsequent agreements in writing made before the expiration of the period previously agreed upon. The Commissioner in the agreement may extend similarly the period within which the taxpayer may file a claim for refund of the taxes. 91A-4536. Payment of tax by contractors furnishing tangible personal property and services; subcontractors; bond; resale exemptions not affected; when property deemed consumed. (a) Each person who orally, in writing, or by purchase order contracts to furnish tangible personal property and perform services under the contract within this State shall be deemed to be the consumer of the tangible personal property and shall pay the sales tax levied by this Chapter at the time of the purchase. Any person so contracting who fails to pay the sales tax on the contract at the time of the purchase or the sale is consummated without the limits of this State shall be liable for the payment of the sales or use tax. The provisions of this Section shall not relieve the dealer who made the sale from his liability to collect and pay the tax on purchases by a contractor. (b) Each person who contracts to perform services in this State and is furnished tangible personal property for use under the contract by the person, or his agent or representative, for whom the contract is performed, when a sales or use tax has not been paid to this State by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used irrespective of whether any right, title, or interest in the tangible personal property becomes vested in the contractors. (c) Each person who orally, in writing, or by purchase order contracts to perform any service, when the principal part of the service is the furnishing of the machinery which will not be under the exclusive control of the contractor, shall be liable to collect a sales tax on the rental value of the machine so used. If labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price. (d) (1) Any person who subcontracts with a general or prime contractor shall be liable under this Chapter as a general or prime contractor. The general or prime contractor shall withhold

"GA1978.1.637">

up to three percent of the payments due to the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this State. (2) The prime or general contractor shall withhold payments, as provided in paragraph (1), until the subcontractor furnishes him with a certificate issued by the Commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to three percent of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owing this State by the subcontractor. (e) Whenever a contractor holding a contract with a general or prime contractor has posted with the Commissioner a good and valid bond in a surety company authorized to do business in this State, or legal securities, in an amount not less than $ 1,000 or more than $ 10,000, as determined by the Commissioner, conditioned that all sales and use taxes which may accrue to this State on account of the execution of subcontracts by subcontractors will be paid when due, no general or prime contractor shall withhold any sums owing to the subcontractor under their contract with respect to sales and use taxes. (f) Nothing contained in this Section shall be construed to impose any sales or use tax with respect to the use in the performance of contracts with the United States of tangible personal property owned by the United States, which is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated in real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection. 91A-4537. Engaging in business by nonresident dealer as appointment of Secretary of State as agent for service; venue; method of service. (a) (1) The fact of engaging in some act or activity within this State giving rise to a tax liability or obligation under this Chapter

"GA1978.1.638">

shall constitute an appointment by the person engaging in the act or activity of the Secretary of State of this state, or his successor in office, to be the true and lawful attorney in fact of the person upon whom may be served, while the act or activity is being engaged in for so long as the statue of limitations prescribed for the tax liability or obligation remains open, any processes of law for the determination and enforcement of the tax liability or obligation and shall signify the agreement of the person engaging in the act or activity that any process for law served upon the Secretary of State, or his successor in office, shall be of the same legal force and validity as if served upon the person personally. (2) For the purposes of this paragraph, a person engages in some act or activity within this State giving rise to a tax liability or obligation when the person: (A) (i) Performs or carries on any employment, trade, business, professional, or any other act or activity for financial gain or profit within this State including, but not limited to, the rental of real or personal property located within this State or for use within this State and the sale, exchange, or other disposition of tangible or intangible property having a situs in this State; or (ii) By reason of any act or activity performed or carried on within this State comes within the definition of `dealer', as defined in this Chapter; or (iii) Otherwise operates personally or by partners, employees, agents, or otherwise in this State so as to incur any liability or obligation with respect to the payment or collection of taxes imposed by this Chapter; and (B) (i) Does not maintain a residence, known place of business, or known agent to receive service of process; or (ii) If he has maintained in this State a known place of residence, place of business, or agent, the known place of residence, business, or agent has been discontinued.

"GA1978.1.639">

(b) Venue in any action or proceeding in which the Secretary of State, by reason of subsection (a), is made an attorney in fact for service of process, shall be laid in Fulton County. The service in such a case shall be perfected by leaving a copy of process in the hands of the Secretary of State, or his successor in office, and by mailing, by registered or certified mail, a copy of the process to the person, if his address is known and by attaching to the original process an affidavit of compliance with this Section. When it appears from the affidavit that a copy of process has been mailed by the Commissioner to a known address, a second mailing shall not be required of the Secretary of State to the same address, but the Secretary of State shall keep the copy received by him on file as a source of information for any inquiry from the person whose attorney in fact he is, concerning their tax liabilities and obligations incident to the person's taxable acts or activities within this State. (c) For the purpose of this Section, `processes of law' shall include any notice, demand, proposed assessment, final assessment, direction, ruling, or order issued by the Commissioner, or other official of the Department as provided by law in the administration of the tax laws of this State. When service in the hands of the Secretary of State or other action is required of the Secretary of State, it shall be sufficient compliance with this Section if the service or other action is done by a deputy of the Secretary of State. When action is required of the Commissioner, it shall be sufficient compliance with this Section if the action is done by his deputy or attorney. CHAPTER 91A-46. LOCAL SALES AND USE TAX 91A-4601. Definition of municipality. As used in this Chapter, `municipality' means only those incorporated municipalities which impose a tax other than the local sales and use tax authorized by this Chapter and which provide at least three of the following services: (a) Fire protection. (b) Garbage collection. (c) Library.

"GA1978.1.640">

(d) Police protection. (e) Sewerage. (f) Water. 91A-4602. Counties and municipalities authorized to levy a local sales and use tax. Subject to the requirement of a referendum election as provided in this Chapter, the governing authority of each county or municipality of this State may impose a local sales and use tax authorized by this Chapter at the rate of one percent. Except as to rate, the local sales and use tax imposed shall correspond, so far as is practicable, with the State sales and use tax provided in Chapter 91A-45. No item or transaction which is not subject to taxation under the provisions of Chapter 91A-45 shall be subject to the tax levied pursuant to this Chapter. 91A-4603. Referendum election. (a) Whenever the governing authority of any county wishes to impose the local sales and use tax authorized by this Chapter, the governing authority shall notify the election superintendent of the county of the governing authority's desire to impose the tax. Upon receipt of the notice, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county for approval or rejection. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date of the election. (b) The ballot for each election pursuant to subsection (a) shall have written or printed on its face the following: `() YES () NO Shall (name of county) County levy a local sales and use tax of 1%?' (c) All persons desiring to vote in favor of levying the tax authorized by this Chapter shall vote `Yes' and those persons opposed to levying the tax shall vote `No.' If more than one-half of the votes cast on the question are in favor of levying the tax, the tax may be levied in accordance with the provisions of this Chapter. If one-half

"GA1978.1.641">

or more of the votes cast on the question are opposed to levying the tax and except as otherwise provided in this Chapter, the tax may not be levied and the question of the imposition of the tax may not again be submitted to the voters of the county within 24 months immediately following the month in which the election is held. (d) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections, except as otherwise provided in this Chapter. The election superintendent shall canvass the returns, shall declare and certify the result of the election, and shall certify the result of the election to the Secretary of State and to the State Revenue Commissioner. (e) The expense of any election held pursuant to this Section shall be borne by the county in which the election is held. 91A-4604. Procedure for levy; effective date of imposition of local sales and use tax. When approved in a referendum election as provided by Section 91A-4603, the governing authority of a county may levy a local sales and use tax under this Chapter by adopting a resolution during the first 30 days following the certification of the results of the election, but only within the first 30 days following the certification. The resolution shall state its purpose, shall refer to this Chapter, and shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are regularly billed on a monthly basis, the resolution shall become effective with the first regular billing period coinciding with or following the effective date of the resolution as specified. In the event any municipality in the county has imposed the local sales and use tax in accordance with this Chapter and the county subsequently approves the imposition of the tax, the effective date of the county tax in no event shall be prior to the last day of that municipality's fiscal year in which the county approved the imposition of the local sales and use tax. A certified copy of the resolution shall be forwarded to the Commissioner so that it will be received within 5 days after its adoption. 91A-4605. Administration and collection of tax; compensation of dealers for collecting tax. The local sales and use tax levied pursuant to this Chapter shall be exclusively administered and collected by the Commissioner for the use and benefit of the political subdivisions

"GA1978.1.642">

levying or entitled to the proceeds of the tax. The administration and collection of the tax shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided by the State sales and use tax laws. All moneys collected from each taxpayer by the Commissioner shall be first applied to the taxpayer's liability for taxes owed to this State. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due when the amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from the State sales and use tax under Chapter 91A-45. 91A-4606. Distribution of proceeds of local sales and use tax. (a) The proceeds of the local sales and use tax collected by the Commissioner pursuant to this Chapter shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the State in order to defray the costs of the administration. (2) Except for the percentage provided for in paragraph (1) of this subsection, the county levying the tax shall receive that portion of the proceeds of the tax which the population of the county in the area outside the limits of any municipality bears to the total population of the county. (3) Except for the percentage provided for in paragraph (1) of this subsection, each incorporated municipality lying wholly or partially within the county levying the tax shall receive that portion of the proceeds of the tax which the municipality's population, lying wholly within the county levying the tax, bears to the total population of the county. (b) As used in this Section, `population' means population as determined by the census. 91A-4607. Procedure for levy of local sales and use tax by municipalities.

"GA1978.1.643">

(a) (1) The governing authority of any municipality located in a county may issue the call for a referendum election on the question of the imposition of a local sales and use tax within the corporate limits of the municipality when: (A) The governing authority of either of the two most populous municipalities within the county adopts a resolution requesting the governing authority of the county to levy the local sales and use tax and the governing authority of the county does not initiate a referendum election as provided for in Section 91A-4603 within 90 days after the adoption of the municipality's resolution. (B) The referendum provided for in Section 91A-4603 has been held and the result was disapproval of the imposition of the tax provided for in this Chapter. (C) The referendum provided for in Section 91A-4603 has been held and the result was approval of the imposition of the tax provided for in this Chapter but the governing authority of the county has failed to levy the tax as provided in Section 91A-4604. (D) The county governing authority has discontinued its levy of the tax as provided in Section 91A-4610. (2) As to DeKalb County, it shall be conclusively presumed that the City of Decatur is the most populous municipality within the meaning of this Chapter. (3) As to consolidated city-county governments, the local governing authority may issue the call for the referendum as a municipality by resolution at any time without following the procedure set forth in this subsection and without a delay of 90 days. (b) The provisions of Section 91A-4603 shall apply to a referendum election held by a municipality pursuant to this Section except that: (1) The call for the referendum election shall be issued by the governing authority of the municipality.

"GA1978.1.644">

(2) The municipal superintendent of elections shall carry out the duties prescribed for the election superintendent of the county by Section 91A-4603. (3) The question on the ballot shall be changed to apply to the municipality. (4) The cost of the referendum election shall be borne by the municipality. (c) If the imposition of the tax is approved at the referendum election as provided in subsection (a), the governing authority of the municipality may levy a local sales and use tax under this Chapter. The entire proceeds of the tax, except for the percentage provided for in paragraph (1) of Section 91A-4606, shall be disbursed to the municipality levying the tax. The tax imposed by the municipality shall be levied in the same manner, under the same conditions, and in accordance with the provisions of this Chapter as if a county were levying the tax. (d) (1) In the event the governing authority of either of the two most populous municipalities located within a particular county holds a referendum election as authorized by this Chapter on the question of the imposition of the local sales and use tax within the corporate limits of the municipality and the question is approved, the governing authority of the particular county, at any time following the date of the approval of the question in either of the municipalities, may issue the call for a referendum election on the question of the imposition of the tax within all areas of the county which have not approved the tax. The question shall be submitted to the voters residing in those areas which have not approved the tax regardless of whether the question of the imposition of the tax as authorized by this subsection is held within 24 months immediately following the month in which an election was previously held as provided for in Section 91A-4603 or in this Section. (2) In the event a referendum election on the question of the imposition of the tax as authorized by this subsection is held by any county, the provisions of Section 91A-4603 shall apply to the referendum election except that:

"GA1978.1.645">

(A) The question on the ballot shall be changed to apply to all areas of the county which have not approved the question of the imposition of the local sales and use tax. (B) The voters in the referendum election shall be those voters residing in those areas of the county which have not approved the tax. (3) If the imposition of the tax is approved in a referendum election as provided in this subsection, the governing authority of the county shall be authorized to levy a local sales and use tax under this Chapter as provided for in Section 91A-4604. 91A-4608. Cessation of imposition of tax by municipality if county imposes the tax; reimposition of tax by municipality if county discontinues its levy of the tax; authority of municipality if county referendum defeated. In the event that any county shall subsequently hold a referendum election on the question of imposing the local sales and use tax authorized by Section 91A-4602, or by subsection (d) of Section 91A-4607, and: (a) The imposition of the tax is approved at the referendum election, the authority of any municipality located wholly or partially within the county to impose within the county the tax authorized pursuant to Section 91A-4607 shall cease upon the effective date of the imposition of the tax by the county. The effective date of the county tax shall not be prior to the last day of that municipality's fiscal year in which the county approves the imposition of the local sales and use tax. (b) If a county governing authority levies the tax and within 12 months from the effective date of the imposition of the tax discontinues its levy of the tax, the governing authority of any municipality which levied the tax as provided in subsections (a) and (c) of Section 91A-4607 prior to the county referendum election may impose the local sales and use tax as provided in Section 91A-4607 without resubmitting the question of the imposition of the tax to the residents of the municipality. (c) If the imposition of the tax is not approved at the referendum election, the authority of any municipality located within the county to impose the local sales and use tax authorized pursuant

"GA1978.1.646">

to Section 91A-4607 shall not be affected in any manner. In the event any municipality in any county passes the local sales and use tax, the county may hold a referendum after the referendum has passed in the municipality of the county. 91A-4609. Procedure for discontinuance of local sales and use tax. Any jurisdiction levying the local sales and use tax authorized by this Chapter may cease to impose the tax effective on the first day of the second calendar quarter following the adoption of a resolution evidencing its intent to discontinue levying the tax, but only if a certified copy of the resolution is immediately transmitted to the Commissioner. 91A-4610. Creation of special districts of taxation. There is created, pursuant to Article IX, Section III, Paragraph I of the Constitution, in each county where the local sales and use tax authorized by this Chapter is levied, a special district of taxation for services for the calendar year following the initial year in which the tax is levied, and thereafter as determined by the governing authority of the county as authorized by law. The special district shall exist only in those portions of the county which are outside the boundaries of any municipality within the county, regardless whether such portions of the county lie within or without any other special tax districts created by law. 91A-4611. Conditions which must be met prior to levying tax by county; disposition of funds if county mill rate for maintenance and operation is reduced to zero; reduction of county property taxes to be shown on tax bill. (a) (1) As a condition precedent to the exercise of the authority to levy the local sales and use tax authorized by this Chapter for the year following the initial year in which it is levied, the governing authority of each county receiving proceeds from the imposition of the tax shall adjust the mill rate for county ad valorem taxation within the special district of taxation for services, created by Section 91A-4610, so that the mill rate levied for county maintenance and operation on tangible property within the special district is a mill rate not more than a rate determined by subtracting (A) from (B), when (A) and (B) are as follows:

"GA1978.1.647">

(A) The mill rate which would produce revenue in an amount equal to the revenue received for county maintenance and operation from the taxation of tangible property for the preceding year located within the special district. (B) The mill rate which, if levied against the tangible property in the special district only, would produce an amount equal to the proceeds of the tax levied under this Chapter which were received by the county during the preceding year, if the tax were imposed for the entire calendar year. If the tax were imposed for only a fraction of a year, the annualized amount representing the tax for the entire calendar year shall be used. (2) No mill rate which has been established for the retirement of any bonded debt of the political subdivision shall in any way be reduced or affected by the provisions of this subsection. (b) As a condition precedent to the exercise of the authority to levy the local sales and use tax authorized by this Chapter for the years following the year after the initial year in which it is levied, the governing authority of each county receiving proceeds from the imposition of the tax shall adjust the mill rate for county ad valorem taxation within the special district of taxation for services, created by Section 91A-4610, so that the mill rate levied for county maintenance and operation on tangible property within the special district is not more than a rate determined by subtracting (1) from (2), when (1) and (2) are as follows: (1) The mill rate levied by the county on tangible property outside the special district. (2) The mill rate which, if levied against the tangible property within the special district only, would produce an amount equal to the proceeds of the tax levied under this Chapter which were received by the county during the preceding year. (c) If, as a result of this Section, the mill rate levied for county maintenance and operation on tangible property is reduced to zero, any funds derived from the local sales and use tax authorized by this Chapter which remain in the county general fund may be expended by the governing authority of the county for any lawful governmental

"GA1978.1.648">

purpose including, but not limited to, the retirement of bonded indebtedness. (d) The taxing authority of each county coming under the provisions of this Chapter shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of county ad valorem property taxes which the taxpayer has received as a result of the county having come under the provisions of this Chapter. 91A-4612. Conditions which must be met prior to collecting or levying tax by municipality; disposition of funds if municipal mill rate for maintenance and operation is reduced to zero; reduction of municipal property taxes to be shown on tax bill. (a) (1) As a condition precedent to the exercise of the authority to levy the local sales and use tax or collect any proceeds from the local sales and use tax authorized by this Chapter for the year following the initial year in which it is levied, the governing authority of any municipality levying the tax or collecting any proceeds from the tax shall adjust the mill rate for ad valorem taxation for maintenance and operation of the municipality so that the revenue derived from ad valorem taxation of tangible property by the municipality does not exceed that total received from ad valorem taxation for the previous year less an amount which is equal to the net proceeds derived by the municipality from the tax imposed pursuant to this Chapter during the previous year, if the tax was imposed for an entire calendar year, or, if the tax was imposed for only a fraction of a year, by an annualized amount representing the tax for the entire calendar year. (2) No mill rate which has been established for the retirement of any bonded debt of the municipality shall in any way be reduced or affected by the provisions of this subsection. (3) 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 in which the county levies the tax. (b) If, as a result of this Section, the mill rate levied for municipal maintenance and operation on tangible property is reduced to

"GA1978.1.649">

zero or if no ad valorem tax is levied upon tangible property by a municipality, any funds derived from the local sales and use tax authorized by this Chapter which remain in the general fund of the municipality may be expended by the governing authority of the municipality for any lawful governmental purpose including, but not limited to, the retirement of bonded indebtedness. (c) The taxing authority of each municipality coming under the provisions of this Chapter shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of municipal ad valorem property taxes which the taxpayer has received as a result of the municipality having come under the provisions of this Chapter. 91A-4613. Local sales and use tax prohibited where local income tax in effect. If a county or municipality within a county levies a local income tax, the county and all municipalities within the county shall be bound by the terms and conditions of Chapter 91A-40 authorizing the local income tax for as long as the tax remains in effect in the county or in any municipality within the county and the county and all municipalities within the county are prohibited from levying the local sales and use tax authorized by this Chapter during such period of time. 91A-4614. Procedure when similar tax has been paid in another taxing jurisdiction; credit allowed. When a local sales or use tax has been paid with respect to tangible personal property by the purchaser of the property, either in another local taxing jurisdiction within the State or in a taxing jurisdiction outside the State, and when the purpose of the tax so paid is similar in purpose and intent to the tax authorized to be imposed by this Chapter, the tax may be credited against the tax authorized to be imposed by this Chapter upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due as authorized to be imposed by this Chapter, the purchaser shall pay an amount equal to the difference between the amount so paid in the other taxing jurisdiction and the amount due as authorized to be imposed by this Chapter. The Commissioner may require proof of payment in another local taxing jurisdiction as he deems necessary and proper. 91A-4615. No tax imposed upon property which is exported outside local taxing jurisdiction. No local sales and use tax shall be

"GA1978.1.650">

imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area governed by the local government imposing the tax, regardless of the point at which title passes, if the delivery is made by the seller's vehicle, U. S. mail, common carrier, or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. 91A-4616. Required information on each return from dealer. Each sales tax return remitting taxes collected pursuant to this Chapter shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and amount of taxes collected at each establishment for the period concerned by the return. 91A-4617. Provisions of Chapter relative to counties not applicable to consolidated city-county government; consolidated city-county government to be considered municipality. The provisions of this Chapter relative to counties shall not be applicable in counties with a consolidated city-county government. For the purposes of this Chapter, a consolidated city-county government shall be considered a municipality, but the conditions precedent to the issuance of a call for a referendum by a municipality contained in Section 91A-4607 shall not apply to consolidated city-county governments. (Chapters 91A-47 through 91A-49 RESERVED) PART VI MOTOR FUEL AND ROAD TAXES CHAPTER 91A-50. MOTOR FUEL TAXES 91A-5001. Citation of Chapter. This Chapter shall be known and may be cited as the `Motor-Fuel Tax Law.' 91A-5002. Definitions. As used in this Chapter: (a) `Motor vehicle' means any form of vehicle, machine, or mechanical contrivance which is propelled by any form of engine or motor which utilizes fuel.

"GA1978.1.651">

(b) `Motor fuel' means all: (1) Products commonly or commercially known or sold as gasoline. (2) Products which are chiefly used as a fuel for the propulsion of motor vehicles on the public highways. (3) Liquid petroleum products which are susceptible of use as a fuel for the populsion of motor vehicles including, but not limited to, kerosene. (c) `Kerosene' means that liquid petroleum product which is commonly known as kerosene and shall also mean all other liquid petroleum products which meet the standards and specifications for kerosene as prescribed by the Commissioner pursuant to Code Section 73-216. (d) `Transport tank truck' means the large tank truck used only for transportation of motor fuels or kerosene from refineries, marine terminals, pipe line terminals, or pipe line tank farms to bulk plants. (e) `Tank truck' or `tank wagon' means the tank trucks or tank wagons ordinarily used for making deliveries of motor fuels or kerosene from bulk plants to retail dealers or other retail outlets. (f) `Boat' means any boat, ship, barge, vessel, or other watercraft used for the transportation or delivery of petroleum products or other merchandise. (g) `Public highways' means every way or place of whatever nature which is generally open to the use of the public as a matter of right for the purposes of vehicular travel, notwithstanding that the way or place is temporarily closed for the purpose of construction, reconstruction, maintenance, or repair. (h) `Sale' means any exchange, gift, or other disposition. (i) `Purchase' includes any acquisition of ownership. (j) (1) `Distributor' means any person including, but not limited to, the State and any political subdivision of the State, who:

"GA1978.1.652">

(A) Makes the first sale in the State of any motor fuel which is imported into the State from any other state, territory, or foreign country after the fuel has been received within the State within the meaning of this Chapter. (B) Consumes or uses in the State any motor fuel so imported when the person purchases the fuel before it is received by any other person in the State within the meaning of this Chapter. (C) Produces, refines, prepares, distills, manufactures, blends, or compounds motor fuel in the State. (2) `Distributor' does not include the United States or any agency of the United States except to the extent permitted by the Constitution and laws of the United States. (k) `Duly licensed distributor' means any distributor holding an unrevoked license issued by the Commissioner. (l) `Jobber' means any person who buys motor fuel from a duly licensed distributor when the motor fuel is tax paid for resale or redistribution at wholesale. (m) `Dealer' means any person, except distributors and jobbers, engaged in the business of selling motor fuel in the State. (n) `Received': (1) Motor fuel produced, refined, prepared, distilled, manufactured, blended, or compounded at any refinery or other place in the State by any person shall be deemed to be `received' by the person at the place when, but not before, the motor fuel has been: (A) Loaded at the refinery or other place into tank cars, transport tank trucks, ships, or barges. (B) Placed in any tank at the refinery or other place: (i) From which any withdrawals are made directly into tank trucks, tank wagons or other types of

"GA1978.1.653">

transportation equipment, containers, or facilities other than tank cars, transport tank trucks, ships, or barges; or (ii) From which any sales or deliveries not involving transportation are made directly. (2) Motor fuel imported into the State from any other state, territory, or foreign country by vessel and delivered in the vessel to any person at a marine terminal in the State for storage or so imported by pipe line and delivered to any person by the pipe line or a connecting pipe line at a pipe line terminal or pipe line tank farm in the State for storage shall be deemed to have been `received' by the person at the terminal or tank farm when, but not before, the motor fuel has been: (A) Loaded into tank cars, transport tank trucks, ships, or barges at the marine or pipe line terminal or tank farm for any purpose other than transfer to another marine or pipe line terminal or tank farm operated by the same person. (B) Placed in any tank at the terminal or tank farm: (i) From which any withdrawals are made directly into tank trucks, tank wagons, or other types of transportation equipment, containers, or facilities other than tank cars, transport tank trucks, ships, or barges; or (ii) From which any sales or deliveries not involving transportation are made directly. (3) Motor fuel transferred by pipe line, tank car, transport tank truck, ship, or barge from one marine or pipe line terminal or tank farm to another marine or pipe line terminal or tank farm operated by the same person shall be deemed to have been `received' by the person at the marine or pipe line terminal or tank farm to which transferred when, but not before, the motor fuel has been:

"GA1978.1.654">

(A) Loaded into tank cars, transport tank trucks, ships, or barges at the marine or pipe line terminal or tank farm. (B) Placed in any tank at the terminal or tank farm: (i) From which any withdrawals are made directly into tank trucks, tank wagons, or other types of transportation equipment, containers, or facilities other than tank cars, transport tank trucks, ships, or barges; or (ii) From which any sales or deliveries not involving transportation are made directly. (4) Motor fuel purchased in a tank car or transport tank truck which is unloaded in the State shall be deemed to be `received' at the time when, but not before, and the place where the tank car or transport tank truck is unloaded by the person who is at the time the owner of the motor fuel. (5) Motor fuel imported by any person into the State from any other state, territory, or foreign country, other than by vessel for storage at marine terminals as set forth in this Section, by pipe line for storage at pipe line terminals or pipe line tank farms as set forth in this Section, or by tank car or by transport tank trucks, shall be deemed to be `received'. (A) In the case of motor fuel imported from another state or territory of the United States, at the time when, but not before, and the place where the interstate transportation of the motor fuel has been completed within the State. (B) In the case of motor fuel imported from a foreign county, at the time when, but not before, and the place where the motor fuel is withdrawn from the original container in which the motor fuel was imported by the person who at the time is the owner of the motor fuel. (6) Except as set forth in this Section, the word `received' shall be given its usual and customary meaning.

"GA1978.1.655">

(o) `Special aviation gasoline' means gasoline of such quality that it is designed and sold for use solely in aircraft engines and is not otherwise designated and sold. (p) `Special aviation gasoline dealer' means any person who sells or consumes special aviation gasoline. (q) `Compressed petroleum gas' means all liquid petroleum products composed of propane, propylene, butanes, butylenes, and any mixture of such products as determined by test method ASTM D-2163-66, Natural Gas Processors Association, Liquefied Petroleum Specifications, 1966 revision. 91A-5003. Levy of tax and exemptions. An excise tax is imposed on all distributors of motor fuel as follows: (a) In general. (1) Upon the sale or use of motor fuel by distributors within this State at the rate of seven and one-half cents per gallon. (2) (A) In the event any special motor fuels which are not commonly sold or measured by the gallon are used in any motor vehicles on the highways of this State, the Commissioner, by regulation, may assess, levy, and collect a tax upon the special fuels in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. The determination by the Commissioner of the power potential equivalent of the special motor fuels shall be prima facie correct. (B) `Power potential equivalent' means that quantity of special fuels, however measured, which contains the approximate number of British thermal units contained in one gallon of regular grade gasoline. Upon each such quantity of special fuels used upon the highways of this State a tax in the same amount and the same rate or use per gallon of motor fuel is assessed and shall be collected. (b) Persons considered distributors and certain persons who may elect to become distributors.

"GA1978.1.656">

(1) Persons considered distributors. Any person who receives motor fuel in the form and under circumstances so as to preclude the collection from the distributor of the tax provided for in this Chapter and who thereafter sells, uses, or consumes, or disposes of the motor fuel in any manner or under circumstances so as to render the disposition subject to taxation as provided in this Chapter shall be considered a distributor for purposes of taxation and shall make the same reports, pay the same taxes, and be subject to all of the provisions of this Chapter relating to distributors of the fuel. This provision shall include the receipt of motor fuel previously exported in any quantity by any means whatsoever from this State and subsequently brought back into this State for sale, use, or consumption. (2) (A) Certain persons who may elect to become distributors of motor fuel other than gasoline. A dealer and jobber in motor fuel who purchases or receives motor fuel of a type other than gasoline and who sells or disposes of the motor fuel to consumers who qualify to purchase the motor fuel exempt from the motor fuel taxes imposed by subsection (a) (1) of this Section as being for nonhighway purposes may become licensed, if he elects, as a distributor. (B) A consumer of motor fuel of a type other than gasoline who has both highway and nonhighway uses for the fuel and who thus may not purchase tax exempt from the motor fuel taxes imposed by subsection (a) (1) of this Section may become licensed, if he elects, as a distributor of fuel other than gasoline. (C) A dealer selling or disposing of motor fuel of a type other than gasoline and a consumer of motor fuel of a type other than gasoline who has both highway and nonhighway uses, when either becomes duly licensed as a distributor of the fuel under this Chapter shall be subject, while he is duly licensed as a distributor of the fuel, to all the provisions of this Chapter. The Commissioner, by rules and regulations, may provide for the waiver of reports, records, and bond requirements of persons who become licensed as distributors of motor fuels of a type other than gasoline.

"GA1978.1.657">

(c) Duties of persons dealing in motor fuel. Each distributor of motor fuel and each person selling motor fuel on which taxes have been imposed on a distributor by this Chapter shall separately state the amount of tax imposed on the distributor on all advertisements, price display signs, sales delivery slips, bills, invoices, and other statements of price. It is not necessary under this subsection that the consumer be furnished with a sales slip, bill, or invoice if there is prominently displayed at the time of sale signs or other price lists complying with this subsection. It is the intention of the General Assembly that the legal incidence of the taxes under this Chapter be imposed on the distributor. (d) Exemptions on sales between licensed distributors; on sales for export; on sales to the United States. No tax is imposed pursuant to this Section upon or with respect to the following transactions: (1) The sale of motor fuel by a duly licensed distributor in tank car, transport tank truck, or cargo lots to another duly licensed distributor for delivery by tank car, transport tank truck, ship, or barge. Only sales between duly licensed distributors qualify for this exemption and sales to a person who is considered a distributor shall not qualify for this exemption unless that person is duly licensed as a distributor at the time of the sale. Persons licensed as distributors of motor fuel of a type other than gasoline may only purchase motor fuel other than gasoline tax exempt under this Section. (2) The sale of motor fuel for export from the State when the sale is exempted by any provision of the Constitution of the United States or of the State. The sale of motor fuel for export from the State, which is not exempted from the taxes imposed by this Chapter by either the Constitution of the United States or of the State, shall also be tax exempt but only if the exporter of the fuel is a duly licensed distributor under the terms of this Chapter. (3) The sale of motor fuel to the United States for the exclusive use of the United States when the motor fuel is purchased and paid for by the United States. (4) The sale of special aviation gasoline by a duly licensed distributor to a duly licensed special aviation gasoline dealer,

"GA1978.1.658">

with the exception of one cent per gallon, subject to the conditions set forth in Section 91A-5005 (i). (5) The right to the exemptions under the provisions of this subsection shall not be assignable and any assignment of the right shall be utterly void and of no effect. (e) Exemption on motor fuel other than gasoline from the motor fuel tax imposed by subsection (a) (1) when sold to a consumer who has no highway use for the fuel at the time of the sale and who uses the fuel for nonhighway purposes; exemption on motor fuel other than gasoline from the motor fuel tax imposed by subsection (a) (1) when used by a licensed distributor for nonhighway purposes; definition of `highway use.' (1) Disallowance of exemptions. In no case shall the exemptions provided by this paragraph be allowed when the motor fuel is used for the propulsion of motor vehicles on the public highways. In no case shall the exemptions provided by this paragraph be allowed upon motor fuel used for the purpose of construction, reconstruction, maintenance, or repair of public highways. In no case shall the exemptions allowed by this paragraph be allowed upon the sale or use of motor fuel which is consumed or used in or upon a motor vehicle which is operated upon the public highways. (2) Exemption on motor fuel other than gasoline and compressed petroleum gas from the motor fuel tax imposed by subsection (a) (1) when sold to a consumer who has no highway use for the fuel at the time of the sale and who uses the fuel for nonhighway purposes. The sale of motor fuel of a type other than gasoline and of compressed petroleum gas shall be exempt from the motor fuel tax imposed by subsection (a) (1) of this Section when the fuel is sold to an ultimate consumer who, at the time of the sale, has no highway use for the fuel. Sales of motor fuel of a type other than gasoline or of compressed petroleum gas to any person who purchases for the purpose of reselling the fuel or to consumers who have both highway and nonhighway uses of the fuel are not tax exempt under this Section. In order for any person to purchase or use the fuel tax exempt, he must become licensed as a distributor of the motor fuel.

"GA1978.1.659">

(3) Exemption on motor fuel other than gasoline from the tax imposed by subsection (a) (1) when used by a licensed distributor for nonhighway purposes. The use by a duly licensed distributor of motor fuel of a type other than gasoline for purposes other than for highway use is exempt from the tax imposed on motor fuel by subsection (a) (1) of this Section. When the tax imposed on motor fuel by subsection (a) (1) has been paid on motor fuel of a type other than gasoline and the motor fuel was used for nonhighway purposes, the user may claim an exemption by becoming licensed as a distributor within two years after the purchase of the fuel, but only when the fuel was purchased on or after March 1, 1968. (4) `Highway use' defined. `Highway use,' in addition to its ordinary meaning, means the consumption of motor fuel by combustion in the motor of a motor vehicle on the public highways and shall also include the placing of motor fuel in the storage tank of a motor vehicle which is operated on public highways. (5) (A) Every purchaser of motor fuel of a type other than gasoline who claims the exemption provided for by this subsection shall be required to provide an affidavit to the distributor of the motor fuel. Each affidavit shall show that the purchaser qualifies for the exemption claimed and, except as provided in this paragraph, shall be valid for no longer than 12 months from the date of execution. The distributor may certify at the expiration of each 12-month period that the affidavit is still effective and send the purchaser, by ordinary mail, a copy of the original certificate and the provisions of this Chapter. It shall be the duty of each purchaser granted the exemption provided in this Section to rescind, by a writing directed to the distributor, any affidavit if at any time he fails to qualify for exemption. (B) Any purchaser granted an exemption who falsely claims the exemption or who fails to rescind his affidavit in writing as provided in this paragraph shall be deemed to be a distributor for purposes of taxation and shall be subject to all the provisions of this Chapter relating to distributors. Each such person shall also be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof,

"GA1978.1.660">

shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 12 months or both. (C) Nothing contained in this paragraph or in any other provision of this Chapter shall be held to prevent the legal incidence of and liability for the tax levied under this Chapter from being upon the distributor. (D) This paragraph shall in no way restrict the option to become a distributor as provided in paragraph (2) of this subsection. (E) The Commissioner, by regulation, shall establish the form and procedure for the providing of and the receiving of the affidavits and certificates required in this paragraph and may also require that all such affidavits and certificates be provided to the Department. The Commissioner may promulgate such other regulations as he deems necessary to effectuate this paragraph. (f) Taxes collected only once on the same motor fuel. The taxes imposed by this Chapter shall be collected and paid to the State but once in respect to the sale, use, or consumption of the same motor fuel. The provisions of this Chapter imposing motor fuel taxes shall not be construed to apply to the storage, withdrawal, compounding, blending, or other handling of the motor fuel preliminary or preparatory to the sale or use of the motor fuel. (g) Restrictions upon tax by counties and municipalities. No county, municipality, or political subdivision of the State shall levy any fee, license, privilege, or excise tax or taxes measured or computed in gallons upon the sale, purchase, storage, receipt, distribution, use, consumption, or other disposition of motor fuel or other like products of petroleum. Nothing contained in this subsection shall prevent the levying by municipalities of reasonable flat license fees or taxes upon the business of selling motor fuel or kerosene or other like products of petroleum at wholesale or retail. (h) Motor fuel of a type other than gasoline exempt when sold for heating purposes. Motor fuel of a type other than gasoline is exempt from the tax imposed on motor fuel by subsection (a) (1) of this Section when sold by a licensed distributor directly to an

"GA1978.1.661">

ultimate consumer to be used by the ultimate consumer for heating purposes when delivery of the motor fuel is made by the licensed distributor making the sale directly into the storage receptacle of the heating unit of the consumer. (i) Motor fuel used for agricultural purposes. (1) Any person who purchases gasoline in quantities of 25 gallons or more at any time and who uses the gasoline in operating tractors or other farm equipment used exclusively for agricultural purposes in farm operations, no part of which is used in any vehicle or equipment driven or operated upon the public roads, streets, or highways of this State, shall be entitled to a refund of all of the State tax on the gasoline except one cent per gallon, subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assignable and any assignment of the right shall be utterly void and of no effect. No payment of any refund pursuant to this subsection shall be made by the Fiscal Division to any person other than the original person entitled to the refund. (2) No person may receive a refund under this subsection unless the person is the holder of an unrevoked purchaser's refund permit to be issued by the Commissioner upon application as provided in this paragraph. The application for the permit shall be in the form prescribed by the Commissioner, shall be sworn to, and shall set forth the information required by the Commissioner so as to enable him to determine the right of the applicant to obtain a refund. This application shall contain a complete list with detailed description of all machinery and equipment owned by the applicant in which gasoline is used or is to be used including, but not limited to, motor vehicles, airplanes, tractors, and farm machinery, regardless of whether the refund claim is to be made for tax paid on gasoline used in the machine, machinery, or equipment. The description of the machinery and equipment shall include, but is not limited to, the make, motor number, model, horsepower, and approximate per hour fuel consumption of the machinery and equipment. The application shall be signed by the applicant and duly verified. The permits shall be numbered and each application for refund shall contain the applicant's permit number.

"GA1978.1.662">

(3) Each person who is entitled to a refund under the provisions of this subsection shall be reimbursed to the extent of the amount of the tax paid, except one cent per gallon on the gasoline, subject to the following: (A) All applications for refunds must be filed with the Commissioner within 18 months from the date of purchase of the gasoline for which refund is claimed. (B) Each application shall be in the form prescribed by the Commissioner, shall be sworn to, and shall state the total quantity of gasoline purchased by the applicant during the period for which the claim for refund is made, the date of each purchase, the name of the person from whom the gasoline was purchased, the quantity of gasoline on hand at the beginning of the period for which the refund is claimed, and the quantity of gasoline on hand at the end of the period for which refund is claimed. The application shall show the quantity of gasoline used in the machines or equipment listed in the user's application for permit, the quantity of gasoline used and for which a refund is claimed, the quantity of gasoline used and for which no refund is claimed, and such other information as required by the Commissioner. (C) The application shall be accompanied by the invoices showing the gasoline purchases. (D) Refund shall be allowed only for tax paid on gasoline when purchased in quantities of 25 gallons or more at any one time and used in farm machinery and equipment listed by the purchaser in his application for permit, or a sworn supplement to the application, and when the machinery or equipment has been used exclusively by the applicant in plowing, planting, or harvesting farm products or for grinding, pumping, and other farm uses and used on agricultural property owned, leased, or operated by the person using the equipment. If the Commissioner, after such investigation as he deems necessary, is satisfied that the application for a purchaser's refund permit has been made in good faith and that the applicant has complied with the requirements of this subsection, the Commissioner shall issue a purchaser's

"GA1978.1.663">

refund permit to the applicant privileging the purchaser to make application for refund of a portion of the tax as provided in this subsection. Whenever there is any change in the facts stated in the application for the permit, the holder of the permit shall promptly notify the Commissioner of the change and the Commissioner may thereupon issue to the holder an amended permit, or suspend or revoke the permit, if in the judgment of the Commissioner the facts constitute just cause for such action. The Commissioner shall keep a permanent record of all permits issued and a cumulative record of the amount of refund claimed and paid to each claimant. (E) Each application shall contain a statement signed by the applicant that no part of the gasoline upon which he applies for the refund was sold by the applicant or permitted by the applicant to be sold and that no part was used or permitted to be used for propelling a vehicle on the public highways. (F) If in the opinion of the Commissioner, any application for refund filed by an applicant contains a false statement or if the applicant is indebted to the State because of any tax refund which has been erroneously paid to him, the Commissioner shall decline to approve the claim for refund until the applicant has complied with the law and removed the delinquency. After compliance, the applicant shall be paid his claim for refund of gasoline taxes as prescribed in this subsection if the Commissioner finds that he is justly entitled to the refund. (G) The Commissioner shall promulgate such rules and regulations for the most efficient and economical administration of this subsection. The rules shall include a method of selection of quarterly, semiannual, or annual application for refund available to those persons who come within these provisions and who regularly make application for refund. (4) (A) To enable the Commissioner to make the refunds authorized by this subsection, the Fiscal Division, upon warrants drawn by the Governor, shall remit to the Commissioner,

"GA1978.1.664">

from funds appropriated by law for that purpose, an amount equivalent to the refunds. Before the Governor issues a warrant for this purpose, he shall require that the Commissioner certify the name of each applicant and the amount to which he is entitled. The refunds provided by this subsection shall be unassignable. (B) In the event the Commissioner concludes that any user has wilfully violated the terms of this subsection or wilfully failed to observe any of the rules and regulations adopted by the Commissioner for the administration of this subsection, the Commissioner, in his discretion, may suspend the right of such person to participate in the benefits of this subsection for a term of not more than one year. 91A-5004. Disposition of funds collected. (a) The funds made available by appropriations of the General Assembly to be distributed to the several counties to be used exclusively for the contruction and maintenance of the public roads shall be distributed by the Fiscal Division before the 10th day of each month to each county treasurer or other county official or officials authorized to receive county funds. The amount distributable each month shall be one-twelfth of the amounts provided for each county in the following table: County Amount Appling $38,074.69 Atkinson 27,609.69 Bacon 21,562.95 Baker 22,251.20 Baldwin 18,840.71 Banks 20,573.60 Barrow 24,217.62 Bartow 36,861.04 Ben Hill 25,016.48 Berrien 39,448.11 Bibb 23,108.44 Bleckley 17,998.86 Brantley 28,135.09 Brooks 38,865.35 Bryan 28,423.90 Bulloch 64,465.57 Burke 75,000.00 Butts 18,462.78 Calhoun 21,406.25 Camden 26,030.40 Candler 24,844.41 Carroll 50,097.45 Catoosa 16,941.89 Charlton 32,113.99 Chatham 27,001.32 Chattahoochee 11,783.12 Chattooga 22,453.99 Cherokee 40,216.23 Clarke 13,500.66 Clay 13,973.83 Clayton 19,101.87 Clinch 44,766.64 Cobb 35,917.78 Coffee 39,841.39 Colquitt 43,774.21 Columbia 24,709.22 Cook 18,720.87 Coweta 37,690.62 Crawford 24,574.03 Crisp 33,241.61 Dade 18,690.15 Dawson 27,833.97 Decatur 43,918.62 DeKalb 44,573.07 Dodge 42,198.01 Dooly 42,342.42 Dougherty 23,102.29 Douglas 21,612.13 Early 31,656.19 Echols 26,310.00 Effingham 51,077.60 Elbert 33,014.24 Emanuel 60,964.97 Evans 18,094.08 Fannin 19,885.36 Fayette 23,805.90 Floyd 34,243.25 Forsyth 23,615.40 Franklin 30,900.35 Fulton 75,000.00 Gilmer 27,572.82 Glascock 13,257.93 Glynn 24,798.32 Gordon 26,509.72 Grady 45,755.99 Greene 29,895.63 Gwinnett 46,250.67 Habersham 28,125.86 Hall 37,592.30 Hancock 31,047.83 Haralson 29,520.79 Harris 37,254.32 Hart 28,669.70 Heard 26,617.25 Henry 32,246.12 Houston 26,949.09 Irwin 22,583.03 Jackson 29,102.93 Jasper 37,595.37 Jeff Davis 25,071.77 Jefferson 57,867.87 Jenkins 22,524.65 Johnson 23,197.54 Jones 27,327.01 Lamar 17,190.76 Lanier 31,063.20 Laurens 64,652.00 Lee 26,869.20 Liberty 36,990.10 Lincoln 21,609.04 Long 19,292.36 Lowndes 46,859.02 Lumpkin 22,868.78 McDuffie 23,947.23 McIntosh 17,857.49 Macon 48,272.38 Madison 29,914.07 Marion 23,332.73 Meriwether 43,393.22 Miller 17,267.58 Mitchell 48,825.44 Monroe 39,758.43 Montgomery 23,179.10 Morgan 30,387.24 Murray 20,075.85 Muscogee 27,078.13 Newton 35,290.98 Oconee 17,820.62 Oglethorpe 28,556.04 Paulding 32,301.42 Peach 15,049.21 Pickens 28,205.75 Pierce 23,108.43 Pike 18,398.25 Polk 22,318.80 Pulaski 19,621.12 Putnam 26,248.55 Quitman 10,741.53 Rabun 20,321.66 Randolph 21,738.09 Richmond 38,043.96 Rockdale 18,213.91 Schley 16,932.66 Screven 60,547.13 Seminole 19,393.75 Spalding 21,950.09 Stephens 20,109.65 Stewart 20,051.27 Sumter 38,590.89 Talbot 31,284.41 Taliaferro 15,122.95 Tattnall 37,315.77 Taylor 32,104.78 Telfair 45,104.61 Terrell 22,899.50 Thomas 54,850.65 Tift 25,382.10 Toombs 34,163.37 Towns 16,170.68 Treutlen 23,154.52 Troup 32,952.79 Turner 24,466.49 Twiggs 28,918.57 Union 19,396.83 Upson 22,893.36 Walker 35,764.15 Walton 30,774.37 Ware 42,609.73 Warren 28,371.66 Washington 60,362.76 Wayne 32,949.72 Webster 15,325.74 Wheeler 26,162.52 White 17,537.95 Whitfield 23,028.55 Wilcox 32,157.02 Wilkes 25,809.18 Wilkinson 27,443.76 Worth 42,265.60 TOTAL $4,810,846.70

"GA1978.1.668">

(b) (1) The governing authority of each county shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the year for which the audit was made. The State Auditor shall compare the amount of funds distributed to each county in the year of the audit against the amount of funds expended by the county in that year for the purposes authorized by this Section. In the event the State Auditor determines that the amount expended in any year is less than the amount distributed, he shall certify the amount of the difference to the Fiscal Division which shall deduct and withhold the certified amount from the next funds to be distributed to the offending county under this Section. In the event a county expending less than the amount distributed to it certifies at the time of the submission of its audit or within a reasonable time subsequent to the submission of its audit that it is accumulating the funds not expended for a specified allowable purpose and submits proof of the deposit or investment of the funds, the county shall be deemed to have complied with the requirements of this subsection, except that the amount of the funds not expended shall be added to the amount of funds distributed to the county in the next succeeding year or years for the purpose of making the comparison and determination provided for in this Section. Upon certification by the State Auditor to the Fiscal Division that the audit required by this subsection has not been received from any county, the Fiscal Division shall not distribute any further funds under this Section to the offending county until the State

"GA1978.1.669">

Auditor again certifies to the Fiscal Division that the delinquent audit has been filed. It shall be the duty of the State Auditor to make a certification when no audit is received or when a delinquent audit is received. In the event any county does not have a regular annual audit made of its funds, the Fiscal Division shall not distribute any funds under this Section to the county until an audit has been made and submitted to the State Auditor. Upon the request of the Governor or the Commissioner of the Department of Transportation, the State Auditor may audit the books and records of each county to verify the accuracy of the report filed with him and to insure that the expenditure of the funds has been made for the purposes intended. (2) The procedure provided in this subsection shall apply to any grants to counties under any provision of law from motor fuel tax funds. (3) The Secretary of State shall mail a copy of this subsection to the chairman and the clerk of the governing authority of each county. (c) The Fiscal Division shall pay to each county the amount provided for in this Section in 12 equal monthly installments. The amount necessary to make each monthly payment is appropriated for the purpose and made a special and continuing appropriation. (d) If the budget authority of the State should fail to make available for any quarter of a fiscal year a sum sufficient to pay in full the appropriation provided for in subsection (c), the distribution of funds to the counties for that quarter shall be on the basis existing prior to July 1, 1945. No county shall receive less than $17,500. 91A-5005. Licensing of distributors and nondistributors application for license; bond. (a) (1) It shall be unlawful for any distributor to receive, use, sell, or distribute any motor fuel or to engage in business within this State unless the distributor is the holder of an uncanceled license issued by the Commissioner to engage in the business. To procure the license every distributor shall file with the Commissioner an application upon oath and in such form as the Commissioner prescribes, setting forth:

"GA1978.1.670">

(A) The name under which the distributor will transact business within the State. (B) The location, with street number address, of its principal office or place of business within the State. (C) (i) The name and complete residence address of the owner; or (ii) If the distributor is a partnership, the names and addresses of the partners; or (iii) If the distributor is a corporation or association, the names and addresses of the principal officers. (2) Concurrently with the filing of an application for a license, each distributor shall file with the Commissioner a bond of the character stipulated and in the amount provided for in Section 91A-5006. No license shall be issued upon any application unless accompanied by the required bond. If the applicant is a foreign corporation, no license shall be issued unless the applicant is at the time of application properly qualifying under the laws of the State to do business in this State. (3) In the event (1) any application for a license to transact business as a distributor in the State is filed by any person whose license has been canceled for cause by the Commissioner at any time prior to the date of application, or (2) the Commissioner is of the opinion that the application is not filed in good faith, or (3) the Commissioner is of the opinion that the application is filed by some person as a subterfuge for the real person in interest whose license or registration has been canceled for cause by the Commissioner at any time prior to the date of application, the Commissioner may refuse to issue to the person a license certificate to transact business as a distributor in the State. The Commissioner may not refuse to issue a license as provided in this Section until after a hearing of which the applicant is given five days' prior written notice and at which the applicant has the right to appear in person or by counsel and to present testimony. (4) Upon the filing of the application for a license, a filing fee of $5 shall be paid to the Commissioner.

"GA1978.1.671">

(5) After the conditions and requirements of this subsection have been complied with, the Commissioner shall issue to the distributor a license certificate to transact business as a distributor in the State. The license shall remain in full force and effect until canceled as provided in this Chapter. (6) The license certificate issued by the Commissioner shall not be assignable and shall be valid only for the distributor in whose name it is issued. The certificate shall be displayed conspicuously in the principal place of business of the distributor in the State. (7) The Commissioner shall keep and file all applications and bonds with an alphabetical index of the applications and bonds, together with a record of all licensed distributors. (b) Licensing of persons other than distributors. Persons other than distributors who purchase or otherwise acquire motor fuel in tank car, transport tank truck, or cargo lots for sale, distribution, or use within the State may also be licensed as set forth in subsection (a). Upon compliance with the provisions of subsection (a), such persons shall be deemed to be the `distributor' for all purposes of this Chapter with respect to any motor fuel received while the license remains unrevoked. (c) Licensing of `special aviation gasoline dealers.' Any person who sells or consumes gasoline of such quality that it is designed and sold for use solely in aircraft engines shall be eligible to become licensed as a `Special aviation gasoline dealer,' subject to the following conditions: (1) An application shall be filed by the person with the Commissioner. The application shall be sworn to under oath and shall be in the form prescribed by the Commissioner. (2) In the event (A) any application for a license to transact business as a special aviation gasoline dealer in the State is filed by any person whose license has been canceled for cause by the Commissioner at any time prior to the date of application, or (B) the Commissioner is of the opinion that the application is not filed in good faith, or (C) the Commissioner is of the opinion that the application is filed by some person as a subterfuge for the

"GA1978.1.672">

real person in interest whose license or registration has been canceled for cause by the Commissioner at any time prior to the date of application, the Commissioner may refuse to issue to the person a license certificate to transact business as a special aviation gasoline dealer in the State. The Commissioner may not refuse to issue a license as provided in this Section until after a hearing of which the applicant is given five days' prior written notice and at which the applicant has the right to appear in person or by counsel and to present testimony. (3) Upon the filing of the application for a license, a filing fee of $5 shall be paid to the Commissioner. (4) The Commissioner shall issue a license certificate to transact business as a special aviation gasoline dealer in the State to a person only after the conditions and requirements of this subsection have been met. The license shall remain in full force and effect until canceled as provided in this Chapter. (5) No license certificate issued as provided in this subsection shall be assignable and the license shall be valid only for the person in whose name issued. The certificate shall be displayed conspicuously in the principal place of business in this State of the special aviation gasoline dealer. (6) The Commissioner shall keep and file all applications with an alphabetical index of the applications, together with a record of all licensed special aviation gasoline dealers. (7) Any person who falsely swears to an application, information statement, or any sworn statement made in connection with the procurement of an exemption of special aviation gasoline, knowing the statement to be false, shall be subject to the penalties provided in Section 91A-9919 of this law. (8) The Commissioner may provide, by rules and regulations, for the proper enforcement of this subsection. 91A-5006. Bond required of licensed distributor. (a) Every distributor shall file with the Commissioner a surety bond:

"GA1978.1.673">

(1) In the approximate sum of three times the average monthly motor fuel tax due by the distributor during the next preceding 12 calendar months and in no case shall the bond be less than $1,000 nor more than $75,000, in the discretion of the Commissioner; (2) With a surety company approved by the Commissioner as surety on the bond; (3) Upon which the distributor is the principal obligor and the State is the obligee; and (4) Conditioned upon the prompt filing of true reports and the payment by the distributor to the Commissioner of any and all motor fuel or kerosene excise taxes which are levied or imposed by the State, together with any and all penalties and interest on the taxes, and conditioned generally upon faithful compliance with the provisions of this Chapter. (b) In the event that liability upon the bond filed by the distributor with the Commissioner is discharged or reduced, whether by judgment rendered, payment made, or otherwise, or if, in the opinion of the Commissioner any surety on the bond given becomes unsatisfactory or unacceptable, the Commissioner may require the distributor to file a new bond with a satisfactory surety in the same form and amount, failing which the Commissioner shall cancel the license certificate of the distributor. If the new bond is furnished by the distributor as provided in this subsection, the Commissioner shall cancel and surrender the bond of the distributor for which the new bond shall be substituted. (c) If, after a hearing of which the distributor is given five days' notice in writing, the Commissioner decides that the amount of the existing bond is insufficient to insure payment to the State of the amount of the tax and any penalties and interest for which the distributor is or may at any time become liable, the distributor shall file forthwith, upon the written demand of the Commissioner, an additional bond in the same manner and form with a surety company on the bond approved by the Commissioner in any amount determined by the Commissioner to be necessary to secure at all times the payment by the distributor to the State of all taxes, penalties, and interest due under the provisions of this Chapter,

"GA1978.1.674">

failing which, the Commissioner shall forthwith cancel the license certificate of the distributor. The total amount of bond required of any one distributor shall not exceed the maximum sum of $75,000. (d) Any surety on a bond furnished by any distributor as provided in this Section shall be released and discharged from any and all liability to the State accruing on the bond after the expiration of 60 days from the date upon which the surety lodges with the Commissioner a written request to be released and discharged. No such request shall operate to relieve, release, or discharge the surety from any liability already accrued or which accrues before the expiration of the 60-day period. Promptly upon receipt of notice of the request, the Commissioner shall notify the distributor who furnished the bond and, unless the distributor files with the Commissioner on or before the expiration of the 60-day period a new bond with a surety company satisfactory to the Commissioner in the amount and form required by this Section, the Commissioner shall forthwith cancel the license of the distributor. If the new bond is furnished by the distributor as provided in this subsection, the Commissioner shall hold the bond for which substitution has been made for a period of two years, but only as against liabilities which have accrued prior to the time of the substitution of the new bond. In no event shall surrender of a bond cancel any liability' under the bond even though the bond has been surrendered. (e) In lieu of furnishing a bond executed by a surety company as surety, any distributor may furnish his bond not so executed provided he concurrently deposits and pledges with the Commissioner direct obligations of the United States or obligations of any agency of the United States fully guaranteed by the United States or bonds of the State or of any public authority created by an Act of the General Assembly or issued pursuant to the provisions of the `Revenue Bond Law' (Chapter 87-8) of equal full amount to the amount of the bond or bonds required by this Section as collateral security for the payment of the bond or bonds. 91A-5007. Tax reports; computation and payment of tax. (a) For the purpose of determining the amount of the tax imposed by this Chapter, each distributor shall file with the Commissioner not later than the 20th day of each calendar month and on forms prescribed by the Commissioner, monthly reports sworn to by the distributor. Each report shall include the following:

"GA1978.1.675">

(1) An itemized statement of the number of gallons of all motor fuel received during the next preceding calendar month by the distributor which has been (A) produced, (B) refined, (C) prepared, (D) distilled, (E) manufactured, or (F) compounded by the distributor in this State. (2) An itemized statement of the number of gallons of all motor fuel, other than motor fuel falling within the provisions of (1) above, received by the distributor in the State from any source whatsoever during the next preceding calendar month as shown by the shipper's invoices of the fuel received, together with a statement showing: (A) The date of receipt of each shipment of motor fuel. (B) The name of the person from whom the motor fuel was purchased or received. (C) The point of origin and the point of destination of each shipment of motor fuel. (D) The quantity of each of the purchases or shipments of motor fuel. (E) The name of the carrier of the motor fuel. (F) If shipped by rail, the initials and number of each tank car and the number of gallons of motor fuel contained in each tank car. (G) If transported by motor truck, the license number of each transport tank truck, or other truck, and the number of gallons of motor fuel contained in the truck. (H) If shipped by water, the name and owner of the boat, ship, barge, or vessel and the number of gallons of motor fuel contained therein. (I) If delivered by means other than as specified in this paragraph, the manner in which the delivery of the motor fuel is made.

"GA1978.1.676">

(3) (A) An itemized statement of the number of gallons, if any, of motor fuel which the distributor during the preceding calendar month has: (i) Exported or sold for exportation from the State to any other state or to any foreign country. (ii) Sold to the United States Government or any of its instrumentalities. (iii) Sold for delivery in tank car, transport tank truck, or cargo lots to other duly licensed distributors. (B) The statement also shall give a record of all tank car, transport tank truck, or cargo sales of motor fuel, giving: (i) The date of shipment. (ii) The name of the carrier. (iii) The initials and number of each tank car and, if shipped by rail, the number of gallons contained in the tank car. (iv) The license number of each transport tank truck, or other truck, and, if transported by motor truck, the number of gallons contained in the truck. (v) If shipped by water, the name and owner of the boat, ship, barge, or vessel, and the number of gallons contained therein. (vi) The manner, if delivered by other means, in which the delivery is made. (vii) The name of the person to whom sold, point of shipment, and point of delivery. (viii) Such other information incidental to the enforcing of this Chapter as the Commissioner may require.

"GA1978.1.677">

(b) In addition to the data required in subsection (a), the report shall include the following information with reference to motor fuel sold or used by the distributor during the next preceding calendar month: (1) Gallons on hand at beginning of month. (2) Gallons received during month (A) from points outside of the State and (B) from points within the State. (3) Gallons purchased `tax paid' (give explanation). (4) Other receipts (give explanation). (5) Total to be accounted for. (6) Sales and transfers to other states itemized as follows: (A) South Carolina. (B) North Carolina. (C) Florida. (D) Alabama. (E) Tennessee. (F) Other. (7) Sales to the United States Government or any of its instrumentalities. (8) Sales of `tax paid' purchases (give explanation). (9) Sales to other duly licensed distributors, less tax. (10) Other credits (give explanation). (11) Total credits.

"GA1978.1.678">

(12) Gallons on hand at end of month. (13) Gallons on which tax is due. (14) Total accounted for. (15) This report shall also include full explanation with itemized statement of any items shown in paragraphs (3), (4), (8), and (10). (16) This report shall also show the total number of gallons of motor fuel sold or used in each county, the number of gallons sold or used tax exempt in each county, and the number of gallons sold or used in each county on which the tax is due. The total number of gallons sold or used in all counties for which the tax is due shall agree with the total in paragraph (13). (c) At the time of rendering the report required by this Section, the distributor shall pay to the Commissioner the tax or taxes imposed by this Chapter on all motor fuel sold or used in this State during the next preceding calendar month less an allowance of one percent of the first five and one-half cents per gallon of State tax paid to cover losses and expenses incurred in collecting the tax for the State. This allowance shall not be deductible unless payment of tax is made on or before the 20th day of the month as required in this Chapter. (d) (1) When any distributor fails to file his monthly report with the Commissioner on or before the due date of the report, a penalty of $25 for each failure to file shall be imposed. (2) When any distributor fails to pay to the Commissioner the amount of excise taxes due to the State when the taxes are payable, a penalty of 10 percent of the amount of the unpaid tax due and interest on the unpaid tax at the rate of one percent per month from the time the tax became due until paid shall be imposed. (3) All penalties and interest imposed by this Chapter shall be payable and collectible by the Commissioner in the same manner as if they were a part of the tax imposed.

"GA1978.1.679">

(e) (1) Every person selling motor fuel at retail shall be entitled to a refund of two percent of the first five and one-half cents per gallon of all taxes imposed by the State on any motor fuel sold at retail by the person. The refund shall cover losses in evaporation and expenses in collecting the tax for the State and shall be subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assignable and any assignment of the right shall be utterly void and of no effect. No payment of any refund as provided in this subsection shall be made to any person other than the original person entitled to the refund. No person shall be entitled to a refund under this subsection unless the person is the holder of an unrevoked refund permit to be issued to the person by the Commissioner upon application as provided in this subsection. The application for the permit shall be in the form required by the Commissioner to enable him to determine the right of the applicant to obtain refunds. The application shall be signed by the applicant and duly verified. Permits so issued shall be numbered and each application for refund shall contain the applicant's permit number. (2) Any person entitled to a refund under the provisions of this subsection shall be reimbursed subject to the following: (A) If the Commissioner, after such investigation as he deems necessary, is satisfied that the application for refund permit has been made in good faith and that the applicant has complied with the requirements of this subsection, the Commissioner shall issue a refund permit to the applicant, privileging him to make application, in accordance with the requirements of this subsection, for the refund allowance. Whenever there is any change in the facts stated in the application for the permit, the holder of the permit shall promptly notify the Commissioner of the change and the Commissioner may thereupon issue to the holder an amended permit if, in the judgment of the Commissioner, the facts constitute just cause for the amended permit. The Commissioner shall keep a permanent record of all permits issued and a cumulative record of the amount of refunds claimed and paid to each claimant.

"GA1978.1.680">

(B) Each application for a refund must be filed with the Commissioner within six months from the date of purchase of the motor fuel for which the refund is claimed. (C) Each application for a refund shall be in the form prescribed by the Commissioner, shall be sworn to, and shall state the total quantity of motor fuel purchased by the applicant during the period for which the claim for refund is made, the date of each purchase, the name of the person from whom the motor fuel was purchased, the quantity of motor fuel on hand at the beginning of the period for which the refund is claimed, and the quantity of motor fuel on hand at the end of the period for which the refund is claimed. Each statement shall cover each individual location at which motor fuel is sold at retail if more than one retail outlet is operated by the applicant. (D) All applications for refunds shall be accompanied by the invoices covering purchases of the motor fuel. No refund under this subsection shall be allowed to apply on any sale for resale or to any person except licensed retail dealers engaged in the business of selling motor fuel to the general public. (E) If, in the opinion of the Commissioner, any application for a refund filed by an applicant contains a false statement or if the applicant is indebted to the State because of any tax refund which has been erroneously paid to him, the Commissioner shall decline to approve the claim for refund until the applicant has compiled with the law and removed the delinquency, whereupon the applicant shall be paid his claim for refund as prescribed in this subsection if the Commissioner finds that he is justly entitled to the refund. (3) To enable the Commissioner to make the refunds authorized by this subsection, the Fiscal Division, upon warrants drawn by the Governor, shall remit to the Commissioner, from funds appropriated by law for that purpose, an amount equivalent to the refunds. Before the Governor issues a warrant for this purpose, he shall require that the Commissioner certify the name of each applicant and the amount to which he is entitled. The refunds provided by this subsection shall be unassignable.

"GA1978.1.681">

91A-5008. Power of Commissioner to cancel licenses; surrender of bond. (a) The Commissioner may forthwith cancel the license of a distributor and notify the distributor in writing of the cancellation by registered mail to the last known address of the distributor appearing on the files of the Commissioner if the distributor at any time: (1) Files a false monthly report of the date or information required by this Chapter. (2) Fails, refuses, or neglects to file the monthly report required by this Chapter. (3) Fails, refuses, or neglects to pay the full amount of the tax as required by this Chapter. (b) Upon receipt of a written request from any distributor licensed under this Chapter to cancel the license issued to the distributor, the Commissioner may cancel the license effective 60 days from the date of the receipt of the written request. No license shall be canceled upon the request of any distributor until and unless the distributor, prior to the date of the cancellation, pays to the State all excise taxes payable under the laws of the State, together with any and all penalties, interest, and fines accruing under any of the provisions of this Chapter and until and unless the distributor surrenders to the Commissioner the license certificate issued to the distributor. If, upon investigation, the Commissioner ascertains that any person to whom a license has been issued under this Chapter is no longer engaged in the receipt, use, or sale of motor fuel as a distributor and has not been so engaged for a period of six months, the Commissioner may cancel the license by giving the person 60 days' notice of the cancellation mailed to the last known address of the person, in which event the license certificate issued to the person shall be surrendered to the Commissioner. (c) In the event that the license of any distributor is canceled by the Commissioner and the distributor has paid to the State all excise taxes due and payable by it under this Chapter, together with any and all penalties accruing under any of the provisions of this Chapter, the Commissioner shall hold the bonds of the distributor for a period of two years as against any liabilities of the distributor, but in no event shall surrender of the bond release any liability under the bond.

"GA1978.1.682">

91A-5009. Commissioner may estimate amount of motor fuel sold or used. (a) Whenever any distributor neglects or refuses to make and file any report for any calendar month as required by this Chapter or files an incorrect or fraudulent report, the Commissioner shall determine, after an investigation, the number of gallons of motor fuel for which the distributor has incurred liability under the motor fuel tax laws of the State, for any particular month or months, and fix the amount of taxes and penalties payable by the distributor under this Chapter accordingly. The Commissioner shall forthwith proceed to issue execution as provided by law. (b) In any action or proceeding for the collection of the motor fuel tax or any penalties or interest imposed in connection with motor fuel tax, an assessment by the Commissioner of the amount of the tax due and interest or penalties due to the State shall constitute prima facie evidence of the claim of the State. The burden of proof shall be upon the distributor to show that the assessment was incorrect and contrary to law. 91A-5010. Report by persons not distributors; contents. (a) Every person purchasing or otherwise acquiring motor fuel in tank car, transport tank truck, or cargo lots and selling, using, or otherwise disposing of the fuel for delivery in the State, not required by the provisions of this Chapter to be licensed as a distributor of motor fuel, shall file a statement setting forth: (1) The name under which the person is transacting business within the State. (2) The location, with street number address, of the person's principal office or place of business within the State. (3) (A) The name and complete residence address of the owner; (B) If the person is a partnership, the names and addresses of the partners; or (C) If the person is a corporation or association, the names and addresses of the principal officers.

"GA1978.1.683">

(b) (1) On or before the 20th day of each calendar month, the person shall report to the Commissioner, on forms prescribed by the Commissioner, all purchases and other acquisitions and sales and other disposition of motor fuel during the next preceding calendar month, giving a record of each tank car, transport tank truck, or cargo lot delivered to a point within the State. (2) The report shall set forth from whom each tank car, transport tank truck, or cargo lot was purchased or otherwise acquired, point of shipment, to whom sold or shipped, point of delivery, date of shipment, and (A) The name of the carrier. (B) If shipped by rail, the initials and number of each tank car and the number of gallons contained in each tank car. (C) If transported by motor truck, the license number of each transport tank truck, or other truck, and the number of gallons contained in the truck. (D) If shipped by water, the name and owner of the boat, ship, barge, or vessel and the number of gallons contained therein. (E) If delivered by means other than as specified in this paragraph, the manner in which the delivery is made. (F) Any additional information relative to the motor fuel as the Commissioner may require. 91A-5011. Reports by carriers transporting motor fuel. (a) Every railroad company, every street, suburban or interurban railroad company, every pipe line company, every water transportation company, and every common carrier transporting motor fuel, either in interstate or in intrastate commerce, to points within the State, and every person transporting motor fuel, by whatever manner, to a point in the State from any point outside of the State, shall report, under oath to the Commissioner on forms prescribed by the Commissioner, all deliveries of motor fuel so made to points within the State.

"GA1978.1.684">

(b) Each report shall: (1) Cover monthly periods. (2) Be submitted within 20 days after the close of the month covered by the report. (3) Show: (A) The name and address of the person to whom the deliveries of motor fuel have actually been made. (B) If motor fuel has been delivered to any other than the originally named consignee, the name and address of the originally named consignee. (C) The point of origin, the point of delivery, and the date of delivery of the motor fuel. (D) The name of the carrier of the motor fuel. (E) If shipped by rail, the initials and number of each tank car and the number of gallons contained in each tank car. (F) If transported by motor truck, the license number of each transport tank truck, or other truck, and the number of gallons contained in the truck. (G) If shipped by water, the name and owner of the boat, ship, barge, or vessel and the number of gallons contained therein. (H) If delivered by means other than as specified in this paragraph, the manner in which the delivery is made. (I) Such additional information relative to shipments of motor fuel as the Commissioner may require. 91A-5012. Transportation and delivery of motor fuel on public highways. (a) The Commissioner shall assign a license number to each duly licensed distributor or other person authorized to transport

"GA1978.1.685">

motor fuel over the public highways of this State and shall furnish a separate license card for each transport tank truck or other truck operated by the distributor or other person for transporting motor fuel. The license card shall be displayed continuously and conspicuously on the truck to which it is assigned and shall set forth: (1) The license number assigned to the distributor or other person. (2) The motor number of the truck authorized to be operated under the card. (3) Such other information as the Commissioner may prescribe. (b) Every person hauling, transporting, or conveying motor fuel over any of the public highways or navigable waters of this State must have in his possession, during the entire time he is so engaged, an invoice, bill of sale, or other record evidence showing: (1) The true name and address of the person from whom he has received the motor fuel. (2) The number of gallons so originally received by him from the person. (3) The true name and address of every person to whom he has made deliveries of the motor fuel or any part of the fuel. (4) The number of gallons delivered to each of the persons. (c) The person hauling, transporting, or conveying the motor fuel shall produce and offer for inspection, at the request of any person authorized by law to inquire into or investigate such matters, the invoice, bill of sale, or record evidence. If the person fails to produce the invoice, bill of sale, or record evidence or, if when produced, it fails to clearly disclose the information, the failure shall be prima facie evidence of a violation of this Section. (d) (1) No person shall haul, transport, or convey motor fuel over any of the public highways or navigable waters of the State

"GA1978.1.686">

except in vehicles or boats plainly and visibly marked on each side and on the rear with the word `Gasoline', `Kerosene', or other name of the motor fuel being transported, in letters at least four inches high and of corresponding appropriate width, together with the name and address of the owner of the vehicle or boat in which motor fuel is contained. (2) The provisions of this subsection shall not apply to: (A) Vehicles or boats transporting motor fuel not in excess of 100 gallons contained in the fuel tank of the vehicle or boat provided by the manufacturer of the vehicle or boat for the carrying of motor fuel for propelling the vehicle or boat when the motor fuel is to be used solely for motive power of the vehicle or boat. (B) Vehicles or boats transporting motor fuel in quantities of not more than five gallons for emergency purposes. (e) No motor fuel shall be unloaded from motor trucks or other vehicles or conveyed by any other manner into storage tanks or other equipment located at any gasoline service station or any other place of business at which motor fuel is offered for sale at retail to the public, between the hours of 9:00 p.m. and 5:00 a.m. of any day. (f) The delivery of motor fuel from a tank truck to the motor fuel tank of a motor vehicle in this State is prohibited except in cases of emergency. 91A-5013. Retention of records by distributors and dealers. (a) Each distributor shall maintain and keep, for a period of three years, a record or records of motor fuel received, used, sold, and delivered by the distributor within this State, together with invoices, bills of lading, and other pertinent records and papers required by the Commissioner for the reasonable administration of this Chapter. (b) Every jobber, dealer, or other person receiving motor fuel in this State for sale, distribution, use, or consumption, when the receipt is not specifically covered in this Chapter, shall maintain and keep for a period of three years a record of motor fuel received and the purchase price, together with delivery tickets, invoices, and bills

"GA1978.1.687">

of lading, and such other records as the Commissioner shall require. 91A-5014. Inspection of records. The Commissioner, or any deputy, employee, or agent authorized by the Commissioner may: (a) Examine, during the usual business hours of the day, the records, books, paper, receipts, invoices, storage tanks, and any other equipment of any distributor, jobber, dealer, purchaser, common carrier, or other carrier pertaining to motor fuel or kerosene received, sold, shipped, delivered, or used, as the case may be, to verify the truth and accuracy of any statement, report, or return, or to ascertain whether or not the tax imposed by this Chapter has been paid. (b) Examine the records, books, papers, receipts, invoices, storage tanks, and other equipment of any distributor to determine the financial responsibility of the distributor for the payment of the taxes imposed by this Chapter. 91A-5015. Tax lien on property. (a) If any person liable for the tax imposed by the provisions of this Chapter neglects or refuses to pay the tax, the amount of the tax including, but not limited to, any interest, penalty, or addition to the tax, together with any cost that may accrue in addition to the tax, shall be a lien in favor of the State upon all franchises, real and personal property, and rights to real and personal property then belonging to or thereafter acquired by the person. The lien shall apply, whether the property is employed by the person in the prosecution of business or is in the hands of an assignee, trustee, or receiver for the benefit of creditors, from the date the taxes are due and payable as provided in this Chapter. No filing fee shall be required for the filing. The lien shall continue until the amount of the tax, together with any penalties and interest subsequently accruing on the tax, is paid. The Commissioner may issue a certificate of release of lien when the amount of the tax, together with any penalties and interest subsequently accruing on the tax, has been satisfied by the person. The person may record the release with the clerk of the superior court of the county or counties in which the notice of lien was filed. No mortgagee, pledgee, judgment creditor, or purchaser shall be entitled to the priority provided for in this subsection, unless he records the same within 30 days after the date of his lien or claim in the office of the clerk of the superior court of the county of the residence of the taxpayer and

"GA1978.1.688">

notifies the Commissioner in writing of the nature and character of his claim. (b) Any sheriff, receiver, assignee, master, or other officer, at the time of advertising for sale the property or franchise of any person who is a distributor, is directed to file with the Commissioner a statement containing the following information: (1) Name or names of the plaintiff or party at whose instance or upon whose account the sale is made. (2) Name of the person whose property or franchise is to be sold. (3) The time and place of sale. (4) The nature of the property and the location of the property. (c) The Commissioner, after receiving notice as provided in subsection (b) of this Section, shall furnish to the sheriff, receiver, trustee, assignee, master, or other officer having charge of the sale a certified copy or copies of all motor fuel tax, penalties, and interest on file in the State as liens against the person. In the event there are no such liens, the Commissioner shall furnish a certificate showing that fact, which certified copy or copies of certificate shall be publicly read by the officer at and immediately before the sale of the property or franchise of the person. The provisions of this subsection shall apply only when the tax, penalty, or liens have been duly recorded in the office of the clerk of the superior court of the county in which any real estate so sold may lie as provided in paragraph (a) of this Section. (d) The Commissioner shall furnish to any person applying therefor a certificate showing the amount of all liens for motor fuel tax, penalties, and interest that may be of record in the files of the Commissioner against any person under the provisions of this Chapter. (e) The lien for taxes imposed by this Section shall not have priority as against any bona fide mortgagee, holder, or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser of or

"GA1978.1.689">

from persons liable for the tax imposed by this Section, where the rights of such mortgagee, holder, or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser has attached prior to the time notice of the lien has been filed by the Commissioner in the office of the superior court of the county in which the principal place of business or in the county where the property of the person liable for payment of the motor fuel tax is located. 91A-5016. Discontinuance or transfer of business. (a) Whenever a distributor ceases to engage in business as a distributor within the State by reason of the discontinuance, sale, or transfer of the business of the distributor, the distributor shall notify the Commissioner in writing at least 10 days prior to the time the discontinuance, sale, or transfer takes effect. The notice shall give the date of discontinuance and, in the event of a sale or transfer of the business, the date of the sale or transfer and the name and address of the purchaser or transferee of the business. All taxes not yet due and payable under the provisions of this Chapter, together with any and all interest accruing or penalties imposed under this Chapter, shall become due and payable concurrently with the discontinuance, sale, or transfer. The distributor concurrently with the discontinuance, sale, or transfer shall make a report and pay all the taxes, interest, and penalties and surrender to the Commissioner the license certificate issued to the distributor by the Commissioner. (b) Unless the notice provided for in subsection (a) has been given to the Commissioner, the purchaser or transferee shall be liable to the State for the amount of all taxes, penalties, and interest under this Chapter accrued against the distributor selling or transferring his business on the date of the sale or transfer, but only to the extent of the value of the property and business acquired from the distributor. 91A-5017. When tax payment is in default; procedure. (a) When any distributor is in default in the payment of any taxes due under this Chapter, the Commissioner shall assess the taxes due as provided by Chapter 91A-2. Any assessment for taxes due under this Chapter shall be made within the time limits provided as follows: (1) When the distributor has filed a proper and timely report under this Chapter, any additional assessment shall be

"GA1978.1.690">

made by the Commissioner within three years from the last date upon which the reports could be timely filed by the distributor. (2) When the distributor has filed a report under this Chapter which contains fraudulent statements or omissions of material facts, the effect of which statements or omissions makes the taxpayer's report a fraudulent representation, the Commissioner may reopen the tax period and make any additional assessment of taxes due at any time within seven years from the time the report could have been filed by the taxpayer under the law without delinquency. (3) When the distributor has filed no return, the taxes may be assessed at any time. (b) The Commissioner shall proceed to collect any deficiencies and taxes due under this law by levy, garnishment, attachment, or suit or any other provisions provided by law for collection of delinquent State tax. (c) Nothing in this Section shall be construed as forfeiting or waiving any rights to collect such taxes by an action upon any bond that may be filed with the Commissioner under the provisions of this Chapter, or by suit or otherwise. In case any suit, action, or other proceeding has been instituted for the collection of the tax, the suit, action, or other proceeding shall not be construed as waiving any other rights provided in this Chapter. (d) When before the expiration of time prescribed for the assessment of taxes imposed by this Chapter both the Commissioner, or his delegates, and the taxpayer agree in writing to the assessment after such time, the taxes may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements made in writing before the expiration of the period previously agreed upon. The Commissioner, or his delegates, may also in the agreement extend similarly the period within which the taxpayer may file a claim for refund of the taxes. (e) In those instances where a sale of motor fuel other than gasoline has been made to an ultimate consumer who has both highway and nonhighway uses of that type of motor fuel and no tax has

"GA1978.1.691">

been collected on the sale, when it is demonstrated to the satisfaction of the Commissioner that no portion of the motor fuel was used for highway purposes, the sales shall be exempt from the tax imposed by this Chapter and no assessment of the tax shall be made by the Commissioner. 91A-5018. Refund of taxes erroneously or illegally collected. (a) In the event it appears to the Commissioner that any taxes, interest, or penalties imposed by this Chapter have been erroneously or illegally collected from any distributor, the Commissioner shall refund such amounts. To enable the Commissioner to make such refunds, the Fiscal Division, upon warrants drawn by the Governor, shall remit to the Commissioner, from funds appropriated by law for that purpose, an amount equivalent to the refunds. Before the Governor issues a warrant for this purpose, he shall require that the Commissioner certify the name of each applicant and the amount to which he is entitled. The refunds provided for shall be unassignable. (b) No refunds shall be made under the provisions of this Section unless a written claim for the refund setting forth the circumstances by reasons of which the refund shall be allowed is filed with the Commissioner. The claim shall be in the form as prescribed by the Commissioner, shall be sworn to by the claimant, and shall be filed with the Commissioner within three years from the date of payment of the taxes illegally or erroneously collected. 91A-5019. Public inspection of records. The records of the Commissioner shall at all reasonable times be open to the inspection of the public. 91A-5020. Powers of special agents; responsibility for enforcement. Persons appointed by the Commissioner as special agents or enforcement officers of the Department shall have all the powers of a police officer of this State when engaged in the enforcement of this Chapter. It is the duty of every arresting officer, county, municipal, and State, to enforce the provisions of this Chapter. CHAPTER 91A-51. ROAD TAX ON MOTOR CARRIERS 91A-5101. Definitions. As used in this Chapter:

"GA1978.1.692">

(a) `Motor carrier' means any person who operates or causes to be operated any motor vehicle, as defined in this Section, on any highway in this State. (b) `Motor fuel' means any liquid, regardless of its composition or properties, used to propel a motor vehicle. (c) `Motor vehicle' means any passenger vehicle that has seats for more than nine passengers in addition to the driver, any road tractor, any truck tractor, and any truck having more than two axles when the motor vehicle is propelled by motor fuel. `Motor vehicle' does not include: (1) Any two-axle vehicle not exceeding one and one-half tons designed for use as a single unit which is occasionally used to tow a trailer not for hire. (2) School buses. (3) Vehicles operated by the State, any political subdivision of the State, or the United States. (4) Transit buses operated exclusively within this State. (d) `Operations means operations of a motor vehicle, whether loaded or empty, whether for compensation or not for compensation, and whether owned by or leased to the motor carrier who operates it or causes it to be operated. 91A-5102. Levy of road tax. A road tax for the privilege of using the streets and highways of this State is imposed upon every motor carrier. The tax shall be equivalent to the tax rate per gallon imposed by Chapter 91A-50, relating to the motor fuel tax, and shall be calculated on the amount of motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this Chapter, taxes imposed on motor carriers by this Section are in addition to taxes imposed on the motor carriers by any other provisions of law. 91A-5103. Payment of road tax and calculation of amount of motor fuel used in State. For the purposes of making payment of taxes and reports pursuant to this Chapter, the year is divided into

"GA1978.1.693">

four quarters of three consecutive months each. The first quarter of the year shall consist of the months of January, February, and March. The road tax shall be paid by each motor carrier to the Commissioner on or before the last day of the month immediately following the quarter with respect to which tax liability under this Chapter accrues and shall be calculated upon the amount of motor fuel used by the motor carrier in its operations within this State during the quarter ending with the last day of the preceding month. The amount of motor fuel used in the operations of any motor carrier within this State shall be such proportion of the total amount of motor fuel used in its entire operations within and without this State as the total number of miles traveled within this State bears to the total number of miles traveled within and without this State. 91A-5104. Credit for payment of motor fuel tax. Every motor carrier subject to the road tax shall be entitled to a credit on the tax equivalent to the amount of motor fuel tax imposed by Chapter 91A-50 on all motor fuel purchased by the motor carrier during the quarter within this State for use in operations either within or without this State when the motor fuel tax imposed by this State has been paid by the motor carrier. Evidence of the payments of the motor fuel tax, in the form required by the Commissioner, shall be furnished by each motor carrier claiming the credit allowed. When the amount of the credit to which any motor carrier is entitled for any quarter exceeds the amount of the road tax for which the carrier is liable for the same quarter, the excess may be allowed, pursuant to regulations promulgated by the Commissioner, as a credit on the road tax for which the motor carrier would be otherwise liable for the subsequent quarter or subsequent quarters. Credits, when allowed, may be carried forward and utilized no later than the succeeding two calendar years. 91A-5105. Refunds to motor carriers. (a) Any motor carrier which accrues credits in excess of 2,000 gallons in any quarter under Section 91A-5104 shall be entitled to a refund of the credits subject to the conditions set forth in this Section. (b) All applications for refunds must be filed with the Commissioner within 180 days from the end of any quarter in which credits are accumulated. Applications shall be in the form prescribed by the Commissioner, shall be sworn to, and shall be supported by evidence satisfactory to the Commissioner.

"GA1978.1.694">

(c) Any motor carrier entitled to a refund may give a bond in an amount not less than $1,000 payable to the State and conditioned that the motor carrier will pay all road taxes due and to become due under this Chapter. So long as the bond remains in force, the Commissioner may order refunds to the motor carrier in the amounts appearing to be due on applications without first auditing the records of the motor carrier. The bond shall be in the form, and with such surety, as is required by the Commissioner. (d) The Commissioner shall not issue refunds in excess of the amount of the bond or bonds except after audit of the applicant's records. Except as otherwise provided by the Commissioner, sufficient records must be produced in this State for audit. (e) To enable the Commissioner to make the refunds authorized by this Section, the Fiscal Division, upon warrants drawn by the Governor, shall remit to the Commissioner, from funds appropriated by law for that purpose, an amount equivalent to the refunds. Before the Governor issues a warrant for this purpose, he shall require that the Commissioner certify the name of each applicant and the amount to which he is entitled. The refunds provided by this Section shall be unassignable. 91A-5106. Reports of motor carriers. Every motor carrier subject to the road tax imposed by this Chapter shall make to the Commissioner, on or before the last day of April, July, October, and January, such reports of its operations during the quarter of the year ending the last day of the preceding month as the Commissioner requires. The Commissioner, by regulation, may exempt from the reporting requirements of this Section motor carriers all of whose operations are within this State. 91A-5107. Leased motor vehicles. (a) The lessee of a motor vehicle, and not the lessor of the motor vehicle, shall be deemed the motor carrier for the purposes of this Chapter unless otherwise specifically provided in this Section. (b) A lessor of motor vehicles may be deemed a motor carrier with respect to motor vehicles leased to others by him and motor fuel consumed by such motor vehicles when the lessor supplies or pays for the motor fuel consumed by the motor vehicles or makes rental or other charges calculated to include the cost of the motor

"GA1978.1.695">

fuel. The Commissioner shall provide by rules and regulations for the presentation to other motor carriers and to the general public of satisfactory evidence and identification of the motor carrier status. Any lessee motor carrier may exclude motor vehicles of which he is the lessee from his reports pursuant to this Chapter when the motor vehicles in question have been leased from a lessor who is a motor carrier pursuant to this Section. (c) The provisions of subsections (a) and (b) of this Section shall govern primary liability pursuant to this Chapter of lessors and lessees of motor vehicles. If a lessor or lessee primarily liable fails, in whole or in part, to discharge this liability, the failing party or other lessor or lessee party to the transaction shall be jointly and severally responsible and liable for the compliance with the provisions of this Chapter and for the payment of any tax due pursuant to this Chapter. However, the aggregate of any taxes collected by this State pursuant to this Chapter shall not exceed the total amount of tax due on the account of the transaction in question and such costs and penalties, if any, as may be imposed. 91A-5108. Joint reports by motor carriers. (a) Two or more motor carriers regularly engaged in the transportation of passengers on through buses, on through tickets in pool service, at their option and with the consent of the Commissioner, may make joint reports of their entire operations in this State. The road taxes imposed by this Chapter shall be calculated on the basis of such joint reports as though the motor carriers were a single motor carrier. The motor carriers making such reports shall be jointly and severally liable for the taxes. (b) Joint reports authorized by this Section shall show the total number of miles traveled in this State and the total number of gallons of motor fuel purchased in this State by the reporting motor carriers. Credits or refunds to which the motor carriers are entitled shall not be allowed as credits or refunds to any other motor carrier. However, motor carriers filing joint reports shall permit all motor carriers engaged in this State in pool operations with them to join in filing joint reports. 91A-5109. Registration card, vehicle identification marker, and fees. (a) Unless otherwise excluded from the scope of this Chapter, no motor carrier shall operate or cause to be operated in this State any motor vehicle unless and until he has:

"GA1978.1.696">

(1) Registered with the Commissioner and secured a registration card. The registration card shall be carried in the motor vehicle for which it was issued at all times when the motor vehicle is in this State. (2) Secured from the Commissioner an identification marker for the motor vehicle. The identification marker shall be attached or affixed to the motor vehicle in the place and manner prescribed by the Commissioner so that the marker is clearly displayed at all times. (b) Registration cards and identification markers shall be issued on an annual basis as of January 1 of each year and shall be valid through the next succeeding December 31. However, the Commissioner, in his discretion, may authorize renewal of registration cards and identification markers without the necessity of issuing new cards and markers. All identification markers issued by the Commissioner shall remain the property of the State. (c) Prior to the issuance of each registration card, a fee of $1 shall be paid to the Commissioner. (d) The Commissioner may authorize a motor vehicle to be operated in an emergency without a registration card and identification marker for a period not in excess of 30 days. Such authorization shall be granted by letter or telegram. 91A-5110. Keeping and preservation of records; estimate of amount of road tax due. (a) Every motor carrier shall keep such records as may be necessary for the effective administration of this Chapter and for the reporting and justification of the amount of tax liability pursuant to this Chapter. All such records shall be kept in the form deemed necessary by the Commissioner and shall be safely preserved for a period of three years in such a manner as to insure their security and availability for inspection by the Commissioner or his authorized agents. Upon application in writing after an audit of the motor carrier's records has been made, the Commissioner may consent to destruction of records within the three-year period. (b) The Commissioner and his authorized agents and representatives may inspect, during regular business hours, the books and records of any motor carrier subject to the road tax imposed by this Chapter.

"GA1978.1.697">

(c) Whenever any motor carrier neglects or refuses to make and file any report or neglects or refuses to keep records as prescribed by this Chapter, the Commissioner, on the best information available, shall estimate, determine, and fix the amount of taxes and penalties payable by the motor carrier under this Chapter. In any action or proceeding under this Section, any assessment by the Commissioner shall constitute prima facie evidence of the claim of the State. The burden of proof shall be upon the motor carrier to show that the assessment was incorrect and contrary to law. (d) The Commissioner may enter into agreements with the appropriate authorities of other jurisdictions having statutes similar to this Chapter for the cooperative audit of motor carriers' reports and returns. In performing any such audit or part of an audit, the officers and employees of the other jurisdiction or jurisdictions shall be deemed authorized agents of this State for such purpose. 91A-5111. Assessment and collection of deficiencies. (a) When any motor carrier is in default in the payment of any road taxes due under this Chapter, the Commissioner shall assess the road taxes due in the manner provided by law. Any assessment for road taxes due under this Chapter shall be made within the following time limits: (1) When the taxpayer has filed a proper and timely report under this Chapter, any additional assessment shall be made by the Commissioner within three years from the last date upon which the report could be timely filed by the motor carrier. (2) When the motor carrier has filed a report under this Chapter which contains fraudulent statements or omissions of material facts and the effect of the statement or omission is to make the taxpayer's report a fraudulent representation, the Commissioner may reopen the tax period and make any additional assessment of taxes due at any time within seven years from the time the report could have been filed by the taxpayer under the law without delinquency. (3) When the motor carrier has filed no return, the taxes may be assessed at any time. (b) The Commissioner shall proceed to collect any deficiencies and road taxes due under this Chapter by levy, garnishment, attachment,

"GA1978.1.698">

or suit or any other provisions provided by law for collection of delinquent State tax. (c) When before the expiration of the time prescribed for the assessment of road taxes imposed by this Chapter both the Commissioner, or his delegates, and the taxpayer agree in writing to the assessment after such time, road taxes may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements made in writing before the expiration of the period previously agreed upon. The Commissioner, or his delegates, shall also be authorized in any such agreement to extend similarly the period within which the taxpayer may file a claim for refund of road taxes. 91A-5112. Penalties. (a) Whenever any motor carrier operates a motor vehicle in violation of the registration provisions of this Chapter, the motor carrier shall be subject to a penalty of $25 for each motor vehicle in violation. (b) Whenever any motor carrier required to file a report as provided by this Chapter fails to file the report within the time prescribed, he shall be subject to a penalty of $25 for each such failure to file. (c) Whenever any motor carrier fails to pay the road taxes or any part of the road taxes due pursuant to this Chapter, the motor carrier shall be subject to a penalty of $10 or 10 percent of the amount of the unpaid tax due, whichever is greater, and interest on the unpaid tax at the rate of one percent per month from the time the road tax became due until the tax is paid. (d) Any penalties and interest pursuant to this Section shall be assessed and collected by the Commissioner in the manner provided by law. In addition to imposing penalties and interest, the Commissioner may suspend or revoke any certificate, permit, or other evidence of right issued by the Commissioner and held by the motor carrier found to be in default. 91A-5113. Secretary of State as process agent of nonresident motor carriers. The acceptance by a nonresident motor carrier of the rights and privileges conferred by law permitting the operation of motor vehicles on the public highways of this State, as evidenced

"GA1978.1.699">

by the operation of a motor vehicle by the nonresident either personally or through an agent or employee on the public highways of this State, or the operation by the nonresident, either personally or through an agent or employee, of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall be deemed equivalent to the appointment by the nonresident motor carrier of the Secretary of State, or his successor in office, to be his agent for service of process or notice in any action, assessment proceedings, or other proceeding against him or his personal representative arising out of or by reason of any provisions of this Chapter relating to the motor vehicle or relating to the liability for road tax with respect to operation of the motor vehicle on the highways of this State. The acceptance or operation shall be an acknowledgment by the nonresident motor carrier of his agreement that any such process against or notice to him or his personal representative shall be of the same legal force and validity as if the process or notice was served on him personally or on his personal representative. 91A-5114. Department of Public Safety to aid in enforcement. The Director of the Department of Public Safety shall utilize the personnel of the Department of Public Safety as is necessary to assist in enforcing the provisions of this Chapter. The officers of the Department of Public Safety shall have the powers of peace officers including, but not limited to, the powers of making arrests, serving process, and appearing in court in all matters and things relating to this Chapter and the administration and enforcement of this Chapter. 91A-5115. Enforcement powers of revenue agents. Each person appointed by the Commissioner as a special agent or enforcement officer of the Department shall have all the powers of a police officer of this State when engaged in the enforcement of this Chapter. (Chapter 91A-52 RESERVED)

"GA1978.1.700">

PART VII. MOTOR VEHICLE LICENSE FEES AND TAGS CHAPTER 91A-53. IN GENERAL 91A-5301. Definitions. As used in this Chapter: (a) `Farm truck' or `farm trailer' means a truck or trailer for which the owner submits a sworn statement as a part of the registration application to the effect that the vehicle is used primarily on and is domiciled upon a farm primarily for the carriage of unprocessed products of the farm. (b) `Motor bus' means any passenger-carrying motor vehicle operated for hire and having a passenger seating capacity of eight or more persons exclusive of the driver. (c) `Owner declared gross vehicle weight' means the empty weight of the truck or truck-trailer fully equipped and fueled `ready for the road' and, in the case of combinations, means `ready for the road' weight of the heaviest trailer or semitrailer with which the power unit will be placed in combination, plus the heaviest load which will be carried within the licensed period. (d) `Private truck' or `private trailer' means a truck or trailer, other than a farm truck, a farm trailer, or a truck or trailer operated for hire by a common or contract carrier. (e) `Trailer' means any vehicle operated over the public roads of this State without motive power when the vehicle is designed for carrying persons or property, either partially or wholly, on its own structure and for being drawn by a self-propelled vehicle. (f) `Truck' means a motor vehicle for the transportation of property including, but not limited to, any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently, except what are commonly known as farm tractors. 91A-5302. Annual license fees for operating motor vehicles. The annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered:

"GA1978.1.701">

(a) Passenger cars. (1) For each passenger motor vehicle not operated as a common or contract carrier for hire and weighing: (A) Not more than 3,000 lbs. and of a model not later than 1954 $3.00 (B) 3,001 to 3,500 lbs. $7.50 (C) 3,501 to 4,000 lbs. $10.00 (D) 4,001 lbs. and over $15.00 (2) For all other passenger motor vehicles not operated as a common or contract carrier for hire and weighing not more than 3,000 lbs., $5.00. (b) Motorcycles. For each motorcycle. $5.00. (c) Private trucks. (1) For each private truck, in accordance with the owner declared gross vehicle weight, as follows: (A) Less than 6,001 lbs. $ 5.00 (B) 6,001 to 10,000 lbs. $ 10.00 (C) 10,001 to 14,000 lbs. $ 15.00 (D) 14,001 to 18,000 lbs. $ 20.00 (E) 18,001 to 24,000 lbs. $ 30.00 (F) 24,001 to 30,000 lbs. $ 40.00 (G) 30,001 to 36,000 lbs. $ 60.00 (H) 36,001 to 44,000 lbs. $100.00 (I) 44,001 to 52,000 lbs. $175.00 (J) 52,001 to 63,280 lbs. $275.00 (K) 63,281 to maximum permitted $375.00

"GA1978.1.702">

(2) The provisions of paragraph (1) to the contrary notwithstanding: (A) A straight truck which is not a truck tractor shall not be classified higher than (G) or $60.00. (B) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $25.00. (C) A truck-tractor hauling fertilizer shall not be classified higher than (I) or $175.00. (d) Farm trucks. For each farm truck, in accordance with the owner declared gross vehicle weight, as follows: (1) Less than 6,001 lbs. $5.00 (2) 6,001 to 10,000 lbs. $10.00 (3) 10,001 to maximum permitted $15.00 (e) Private trailers. For each private trailer, except farm trailers, house trailers, auto trailers, boat trailers, trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination, and trailers with no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm. $ 10.00. (f) Farm trailers. For each farm trailer the maximum fee shall be $5.00. When the trailer is used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another and weighs less than 1500 pounds factory weight, there shall be no fee. There shall be no fee for a trailer with no springs which is being employed in hauling unprocessed farm products to its first market destination or when a trailer with no springs is pulled from a tongue and used primarily to transport fertilizer to the farm.

"GA1978.1.703">

(g) House trailers, auto trailers, and boat trailers, whether pulled by a private automobile or a private truck, other than truck-trailers used as a common or contract carrier for hire. For house trailers, auto trailers, and boat trailers, whether pulled by a private automobile or a private truck, not used as, or in connection with, a motor vehicle, truck, or tractor used as a common or contract carrier for hire, the following: (1) Weighing 1,000 lbs. or less $5.00 (2) Weighing more than 1,000 lbs. $10.00 (h) Trailers used as common or contract carriers. For trailers used as, or in connection with, a motor vehicle, truck, or tractor used as a common or contract carrier for hire. $ 10.00. (i) Buses. For each motor bus used as a common or contract carrier for hire, the following: (1) Weighing 10,000 pounds or less, $1.50 per 100 pounds factory weight or fractional part of 100 pounds factory weight. (2) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2.20 for each 100 pounds or fractional part of 100 pounds factory weight. (3) Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight, $2.75 for each 100 pounds or fractional part of 100 pounds factory weight. (4) Weighing more than 20,000 pounds factory weight, $3.00 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700. (j) Trucks used as common or contract carriers. (1) For each truck or nonpassenger-carrying motor vehicle operated as a common or contract carrier for hire, in accordance with owner declared gross vehicle weight, as follows: (A) Less than 6,001 lbs. $ 5.00 (B) 6,001 to 10,000 lbs. $ 10.00. (C) 10,001 to 14,000 lbs. $ 15.00. (D) 14,001 to 18,000 lbs. $ 20.00. (E) 18,001 to 24,000 lbs. $ 30.00. (F) 24,001 to 30,000 lbs. $ 80.00. (G) 30,001 to 36,000 lbs. $120.00. (H) 36,001 to 44,000 lbs. $200.00. (I) 44,001 to 52,000 lbs. $350.00. (J) 52,001 to 63,280 lbs. $550.00. (K) 63,281 to maximum permitted $700.00.

"GA1978.1.704">

(2) The provisions of paragraph (1) to the contrary notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than (G) or $120. (k) Leased trucks. For each truck leased to a common or contract carrier, without regard to the duration of the lease and in accordance with the owner declared gross vehicle weight, the same license fees as required under subsection (j). (l) Hearses or ambulances. For each motor-drawn hearse or ambulance, the sum of $5.00 for the first 2,500 pounds and $1.10 for each additional 500 pounds of factory weight or fractional part of 500 pounds of factory weight. (m) School buses. For each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or the transportation of the owner and the members of his immediate family, the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any

"GA1978.1.705">

private person, shall be licensed in the same manner as school buses, that is for the sum of $5.00, when the bus complies with the same laws as are applicable to school buses. (n) State or municipal motor vehicles. For each motor vehicle owned by the State, a political subdivision, or a municipality of the State and used exclusively for governmental functions $1.00. (o) U. S. military reservation carriers. For each motor vehicle used by carriers and operated, under special franchise granted by the United States Department of Defense, over a route of not more than 20 miles in length which is solely between a point in this State and a point within a United States military reservation in this State $5.00. (p) Earth-moving machinery. Heavy earth-moving machinery, not including trucks, used primarily off the highway shall not be required to be licensed under this Chapter. (q) Trucks transporting forest products. (1) Trucks transporting logs, pulpwood, or other forest products shall be licensed in accordance with the following annual fees: (A) Straight trucks and truck-tractors pulling a single pole trailer hauling logs from the woods to the sawmill $30.00. (B) Other truck-tractors $175.00. (2) Skidders, tractors, and loaders used only in the woods shall not be required to obtain a license tag. Trucks and trucktractors specified in paragraph (1) shall be licensed in accordance with the provisions of this subsection even though the trucks or truck-tractors are also used to transport skidders, tractors, loaders, and other logging equipment. Trucks and truck-tractors specified in paragraph (1) shall not be required to pay additional fees or obtain additional license tags in order to transport logging equipment owned by the owner of the trucks or truck-tractors.

"GA1978.1.706">

91A-5303. Registration and license of makers and dealers; additional tags. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the Commissioner and shall make application for a distinguishing dealer's number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon blanks prepared by the Commissioner. The applicant shall pay, at the time of making application, a fee of $25. For the fee, the Commissioner shall furnish to the dealer one number plate, to be known as a dealer's number and to be distinguished from the number plates provided for in this Section by a different and distinguishing color to be determined by the Commissioner. The dealer's number plate shall have the word `Dealer' on its face and shall be used for the purpose of demonstrating or transporting a dealer's vehicles or trailers for sale. 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. (b) In the event a dealer or manufacturer desires more than one tag, he shall so state on the application and, in addition to the fee of $25, shall pay a fee of $5 for each and every additional number plate furnished. (c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicle's own power shall be entitled to obtain license tags under the provisions of this Section, but the tags shall be used only on vehicles being transported. (d) Each person engaged in the business of transporting mobile homes and house trailers for others shall be entitled to obtain license tags under the provisions of this Section. (e) The provisions of this Section shall not apply in any manner to farm tractors. 91A-5304. Tags for different classes. The Commissioner may provide a different tag for each different class of vehicles specified in this Chapter and may distinguish the tag furnished to each class of vehicles by a different letter or lettering or other symbols or markings on the tags.

"GA1978.1.707">

91A-5305. Transfers of licenses. The annual fee paid for the licensing of the operation of a vehicle and the license and tag issued for the vehicle may be transferred from one person to another upon payment of a fee of $1.00 for the transfer and upon preparation and filing of an appropriate application for the transfer. Each tax commissioner or tax collector shall retain 50 cents of each $1.00 collected as a fee for the transfer of a motor vehicle license and tag. The fees and commissions shall be turned in to the county treasury on a monthly basis to be made a part of the general funds of the county. 91A-5306. Transfer of licenses and tags to another vehicle. The annual license and tag issued for the operation of a vehicle described in subsection (c), subsection (i), or subsection (j) of Section 91A-5302, except those named in subsections (c) (1) (A), (c) (1) (B), (c) (1) (C), (j) (1) (A), (j) (1) (B), and (j) (1) (C) of Section 91A-5302, may be transferred, with the approval of the Commissioner, from a destroyed or retired motor vehicle to another vehicle upon payment of a transfer fee of $1.00 and upon presentation of an appropriate application for transfer. 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. 91A-5307. Rate of license fee for part of year. Any person registering any of the vehicles named in subsection (c), subsection (i), or subsection (j) of Section 91A-5302, except those named in subsections (c) (1) (A), (c) (1) (B), (c) (1) (C), (j) (1) (A), (j) (1) (B), and (j) (1) (C) of Section 91A-5302, between the dates of: (a) May 1 and August 1 of any year shall pay three-fourths of the annual license fee provided in this Chapter. (b) August 1 and November 1 of any year shall pay one-half of the annual license fee provided in this Chapter. (c) November 1 and January 1 of the following year shall pay one-fourth of the annual license fee provided in this Chapter. 91A-5308. Time of application for tags. Each person subject to a license fee as provided in this Chapter shall apply for and obtain the required tag on or before April 1 of each year. Payment for the tag shall be made to the Commissioner, his duly authorized agent, or other person specified by law.

"GA1978.1.708">

91A-5309. Nonresidents; when taxable. (a) Each resident and nonresident person shall be liable to and shall pay the taxes and fees required by law for the operation of motor vehicles in this State. (b) With respect to motor vehicles used solely for the purpose of hauling seasonal agricultural products grown in this State, the fees required by this Chapter may be prorated on a daily basis in accordance with the owner declared gross vehicle weight. The Commissioner may issue a special tag or other means of identification to indicate compliance with the provisions of this subsection. No motor vehicle to which this subsection is applicable shall be operated in violation of the provisions of this Chapter. 91A-5310. Carriers of passengers. If a vehicle described in this Chapter is operated as a carrier of passengers, the rate shall be onehalf of the amount specified in this Chapter when the vehicle is operated over a route of 50 miles or less. 91A-5311. Two-axle trailers without brakes; prohibited on public highway under certain circumstances. No two-axle trailers of four wheels or more shall be operated upon the public highways of the State unless the trailer is equipped with efficient power, hydraulic, or air brakes which are operated from the driver's seat of the tractor unit. 91A-5312. Apportionment of fees of motor buses to motor carriers of passengers for hire operated partially beyond State; rules. (a) The Commissioner shall apportion the cost of the annual fees for the licensing of motor buses to motor common carriers of passengers for hire operating a fleet of two or more motor buses either interstate or both interstate and intrastate under authority of the Interstate Commerce Commission or under authority of both the Interstate Commerce Commission and the Georgia Public Service Commission. The apportionment shall be done so that the total cost of the fees shall bear the same proportion to the annual fees for motor buses as the total number of miles operated by the fleet of the carrier in the State in both interstate and intrastate operations during the preceding year bears to the total number of miles operated by the fleet during the year in both interstate and intrastate operations. (b) The Commissioner shall promulgate rules for the apportionment required by this Section. The rules shall provide that the

"GA1978.1.709">

apportionment apply as nearly as practicable to each class of vehicle operated by the motor common carrier of passengers for hire. 91A-5313. Up-rating of licenses. A vehicle owner may voluntarily increase the allowable gross weight for which his vehicle is licensed by purchasing the appropriate weight tag for his truck or tractor and paying the difference in fees between the license which is surrendered and the fee at the higher rate, as calculated by applying Section 91A-5302. 91A-5314. Down-rating of licenses. The allowable maximum weight (license class) for which a truck or tractor is registered may be decreased only once a year, at the beginning of a new license year. Trucks classified in subsections (c) (1) (A), (c) (1) (B), (c) (1) (C), (j) (1) (A), (j) (1) (B), and (j) (1) (C) of Section 91A-5302 shall not be entitled to any partial year license. 91A-5315. Under-licensing of trucks. If upon inspection a truck licensed under Section 91A-5302 is found to weigh, together with its loaded trailer, more than is permitted by the license tag which it carries, the owner shall be required to purchase immediately a new tag for the weight of the truck so inspected. One-half credit shall be given for the surrendered under-rated tag. ( Chapter 91A-54 RESERVED ) PART VIII. CIGAR AND CIGARETTE TAX CHAPTER 91A-55. IN GENERAL 91A-5501. Definitions. As used in this Chapter: (a) `Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. (b) `Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco.

"GA1978.1.710">

(c) `Dealer' means any person, other than a distributor, who is engaged in this State in the business of selling cigars or cigarettes directly to the ultimate consumer of the cigars or cigarettes. (d) `Distributor' means any person who: (1) Maintains a warehouse, warehouse personnel, and salesmen who regularly contact and call on dealers; and (2) Is engaged in the business of: (A) Either manufacturing cigars or cigarettes in this State, importing cigars or cigarettes into this State, or purchasing cigars or cigarettes from other manufacturers or distributors; and (B) Selling the cigars or cigarettes to dealers in this State for resale, but not in the business of selling the cigars or cigarettes directly to the ultimate consumer of the cigars or cigarettes. (e) `First taxable transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars or cigarettes within this State. (f) `Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatsoever. (g) `Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the Commissioner. (h) `Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars or cigarettes. 91A-5502. Excise tax imposed; tax rates on cigars and cigarettes. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this State, as follows:

"GA1978.1.711">

(1) Little cigars weighing not more than three pounds per thousandtwo mills each. (2) Cigars retailing for: (A) Three and one-third cents each or lessone and one-half mills each. (B) More than three and one-third cents each and not exceeding five cents eachthree mills each. (C) More than five cents each and not exceeding eight cents eachfour mills each. (D) More than eight cents each and not exceeding 10 cents eachseven and one-half mills each. (E) More than 10 cents each and not exceeding 20 cents each15 mills each. (F) More than 20 cents eachtwenty mills each. (3) Cigarettestwelve cents per pack of 20 cigarettes and a like rate, pro rata, for other size packages. (b) When the retail selling price is referred to in this Chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this Chapter are levied with respect to the purchase or use of cigars or cigarettes by the State or any department, institution, or agency of the State, and by the political subdivisions of the State and their departments, institutions and agencies. The taxes imposed by this Chapter are not imposed with respect to cigars or cigarettes purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home. (d) The taxes imposed by this Chapter are not levied with respect to cigars or cigarettes the purchase or use of which this State is prohibited from taxing under the Constitution or statutes of the United States.

"GA1978.1.712">

(e) The taxes imposed by this Chapter shall be advanced and paid by the distributor to the Commissioner for deposit and distribution as provided in this Chapter upon the first taxable transaction within the State, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the Commissioner. Whenever cigars or cigarettes are shipped from outside the State to anyone other than a distributor, the person receiving the cigars or cigarettes shall be deemed to be a distributor and shall be responsible for the tax on the cigars or cigarettes and the payment of the tax to the Commissioner. (f) The amount of taxes advanced and paid to the State as provided in this Section shall be added to and collected as a part of the sales price of the cigars or cigarettes sold or distributed. The amount of the tax shall be stated separately from the price of the cigars or cigarettes. (g) The cigar and cigarette tax imposed shall be collected only once upon the same cigarettes, cigars or little cigars. 91A-5503. Tax collected by stamps; alternate method; discounts to dealers. (a) Except as otherwise provided in this Section, the taxes imposed by Section 91A-5502 shall be collected and paid through the use of stamps. The Commissioner shall secure stamps of such design and materials as he deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than two percent and not more than eight percent of the value of the stamps. The exact percentage of the discount shall be based on brackets according to the volume of cigars and cigarettes handled by the distributor, according to regulations promulgated by the Commissioner. The Commissioner shall prescribe, by regulations, the condition, method, and manner in which stamps are to be affixed to containers of cigars and cigarettes. (b) The Commissioner may prescribe, by regulations, an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars and little cigars. Any such regulations shall be promulgated so that use of the alternate method will result in the same revenue to the State as the State would realize through the sale of stamps to the distributors.

"GA1978.1.713">

(c) No distributor shall sell or exchange with another distributor any stamps issued under authority of this Chapter. The Commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the Commissioner determines from physical inspection that no cigars or cigarettes have been sold by the distributor under pretense of the tax imposed by this Chapter having been paid through use of the stamps. 91A-5504. Licenses of persons engaged in cigar or cigarette business; bond. (a) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars or cigarettes in this State without first obtaining a license from the Commissioner. (b) All licenses shall be issued by the Commissioner, who shall make rules and regulations respecting applications for and issuance of the licenses. The Commissioner may refuse to issue any license under this Chapter when he has reasonable cause to believe that the applicant has willfully withheld information requested of him or required by the regulations to be provided or reported or when the Commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith. (c) The fee for a distributor's license shall be $50 annually, except that, for a person commencing business as a distributor for the first time, the first year's fee shall be $250. Each dealer shall have a permanent license issued by the Commissioner free of charge. Each license, except a dealer's license, shall begin on July 1 and end on June 30. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. Each distributor's or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this Chapter or of the rules and regulations made pursuant to this Chapter. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time. (d) The Commissioner may make rules and regulations governing the sale of cigars and cigarettes in vending machines. The Commissioner may require annually a special registration of each vending machine for any operation in this State and charge a license

"GA1978.1.714">

fee for the registration in the amount of $1 for each machine. No vending machine shall be purchased or transported into this State for use in this State when the vending machine is not so designed as to permit inspection, without opening the machine, for the purpose of determining that cigars and cigarettes contained in the machine bear the tax stamp required under this Chapter. (e) The distributor's or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the Commissioner. The Commissioner shall require each licensed distributor to file with him a bond in an amount not less than $1,000 to guarantee the proper performance of the distributor's duties and the discharge of the distributor's liabilities under this Chapter. The bond shall run concurrently with the distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributor's license unless the Commissioner certifies that all obligations due the State arising under the provisions of this Chapter have been paid. (f) The jurisdiction of the Commissioner in the administration of this Chapter shall extend to every person using or consuming cigars or cigarettes in this State and to every person dealing in cigars or cigarettes in any way for business purposes and maintaining a place of business in this State. For the purpose of this Chapter the maintenance of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salesmen or other representatives, shall constitute, among other activities, the maintenance of a place of business. (g) The Commissioner may provide for the licensing of promotional activities, not including the sale of cigars or cigarettes, carried on by the manufacturer. The fee for any such license shall be $10 annually. (h) No distributor or dealer shall sell cigars or cigarettes below their cost price. The cost price shall be determined by the Commissioner in accordance with the rules and regulations promulgated by the Commissioner. (i) Any distributor or dealer licensed under this Chapter who sells cigars or cigarettes below their cost price, as determined by the Commissioner, shall be subject to license suspension or revocation after hearing before the Commissioner.

"GA1978.1.715">

91A-5505. Nonresident distributors; licenses and bonds; service of process; reports. (a) (1) If the Commissioner finds that the collection of the tax imposed by this Chapter would be facilitated by such action, he may authorize any person resident or located outside this State who is engaged in the business of manufacturing cigars or cigarettes, or any person resident or located outside this State who ships cigars or cigarettes into this State for sale to licensed dealers in this State, to be licensed as a distributor and, after the person complies with the Commissioner's requirements, to affix, or cause to be affixed, the stamps required by this Chapter on behalf of the purchasers of the cigars or cigarettes who would otherwise be taxable for the cigars and cigarettes. The Commissioner may sell tax stamps to an authorized person or authorize the use of a metering machine by the person as provided in Section 91A-5503. (2) The Commissioner shall require a bond of a nonresident person, satisfactory to the Commissioner and in an amount not to exceed $10,000, conditioned upon the payment of the tax and compliance with any other requirements specified by the Commissioner. As a condition upon authorization as provided in this Section, a nonresident person shall agree to submit his books, accounts, and records to examination by the Commissioner or his duly authorized agent during reasonable business hours and shall appoint, in writing, an agent who resides in this State for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident person and may be made by leaving a duly attested copy of the process with the agent. When legal process against any nonresident person is served upon the agent, the agent shall notify the nonresident person in the manner specified in Section 68-802. (3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the Commissioner, a person shall become a licensed distributor within the meaning of this Chapter and shall be subject to all provisions of this Chapter applicable to licensed distributors. (b) Every nonresident manufacturer and every nonresident distributor of cigars or cigarettes making shipments of cigars or cigarettes by common carrier or otherwise for their own account or for

"GA1978.1.716">

the account of others to distributors or dealers located within this State shall make reports of the shipments when and as required by rules and regulations of the Commissioner. 91A-5506. Suspension and revocation of licenses; refusal to renew; hearing; review. The Commissioner may suspend or refuse to renew a license issued to any person under this Chapter for violation of any provision of this Chapter or any rule or regulation of the Commissioner made pursuant to this Chapter. After notice and opportunity for hearing, the Commissioner may revoke a license issued to any person under this Chapter for violation of any provision of this Chapter or of any rule or regulation of the Commissioner made pursuant to this Chapter. Any person aggrieved by the suspension of or refusal to renew a license may apply to the Commissioner for a hearing as provided in Section 91A-5517 (a) and any person aggrieved by the action of the Commissioner in revoking or refusing to renew his license after hearing may further appeal to the courts as provided in Section 91A-5517 (b). No legal proceedings or other action by the Commissioner shall be barred or abated by the suspension, revocation, or expiration of any license issued under the provisions of this Chapter. 91A-5507. Execution of bonds; sureties. Each bond required to be filed pursuant to this Chapter shall be executed by the distributor as principal and, as surety, by a corporation authorized to engage in business as a surety company in this State. 91A-5508. Sale or possession of unstamped cigars and cigarettes prohibited; sale or possession of nontax-paid cigars or little cigars prohibited; duties of distributors and dealers. (a) (1) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this State when the cigarette container does not bear the tax stamps required by Section 91A-5503. (2) No person shall sell, offer for sale, or possess with intent to sell in this State any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided for under Section 91A-5503 or which do not bear tax stamps.

"GA1978.1.717">

(b) Each distributor, at the location for which his license is issued and in the manner specified by the Commissioner, shall affix the stamps required by this Section to each individual package of cigarettes sold or distributed by him. Each distributor shall comply with the Commissioner's regulations for the payment of the tax on cigars as provided in Section 91A-5503 or shall affix to each container of cigars sold by him, or from which he sells cigars, the stamps required by this Chapter. Such stamps or alternate method may be paid or affixed by a distributor at any time before the cigars or cigarettes are transferred out of his possession. (c) It is the intent of this Chapter that tax imposed by this Chapter be paid only once and that, if the distributor acquired stamped cigarettes, tax-paid cigars, or stamped cigars, he is not required to fix additional stamps or other evidence of payment of the tax. (d) Every dealer who comes into possession of cigars or cigarettes not bearing proper tax stamps or other evidence of the tax imposed by this Chapter shall report the cigars or cigarettes to the Commissioner prior to displaying, selling, using, or otherwise disposing of the cigars and cigarettes. After any such report, the Commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars and cigarettes or, in the case of cigars, authorize the dealer to remit the tax by the alternate method promulgated by the Commissioner in accordance with Section 91A-5503. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the Commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided for in this Chapter with respect to cigars, other than his own, only when authorized by the permit issued by the Commissioner. (e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or nontax-paid cigars which are shipped to him or acquired by him at any place within the State except as authorized and provided for in this Section. All cigars and cigarettes shall be examined by the distributor or dealer on receipt and the distributor shall immediately report the cigars or cigarettes to the Commissioner as provided in subsection (d).

"GA1978.1.718">

(f) The Commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this Chapter in affixing the tax stamps to each individual package of cigarettes and the charges which may be made by a distributor in complying with the Commissioner's alternate regulations for the collection of the tax on cigars and little cigars. (g) The provisions of this Section shall not apply to unstamped cigars and little cigars upon which the tax has been paid in accordance with the alternate regulations promulgated by the Commissioner under Section 91A-5503. 91A-5509. Seizure of unstamped cigars and cigarettes or nontax-paid cigars; exception; sale of seized items; disposal of proceeds of sale; seizure of vending machines. (a) (1) Any cigars or cigarettes found at any place in this State without stamps affixed to them as required by this Chapter are declared to be contraband articles and may be seized by the Commissioner, his agents or employees, or any peace officer of the State when directed by the Commissioner to do so. (2) The provisions of paragraph (1) shall not apply when: (A) The tax has been paid on the unstamped cigars and little cigars in accordance with the Commissioner's regulations promulgated pursuant to Section 91A-5503. (B) The cigars or cigarettes are in the possession of a licensed distributor. (C) The cigars or cigarettes are in course of transit from outside the State and are consigned to a licensed distributor. (D) The cigars or cigarettes are in the possession of a transporter who is in compliance with the provisions of Section 91A-5519. (E) The cigars or cigarettes are in the possession of a registered taxpayer as defined in Section 91A-5514 and the

"GA1978.1.719">

time for making the report required by Section 91A-5514 has not expired. (3) The provisions of this subsection shall not be construed to require the Commissioner to confiscate unstamped or nontax-paid cigars and cigarettes or other property when he has reason to believe that the owner of the cigars, cigarettes, or property is not willfully or intentionally evading the tax imposed by this Chapter. (b) Any cigars, cigarettes, or other property seized under the provisions of this Chapter may be offered for sale by the Commissioner, at his discretion, at public auction to the highest bidder after advertisement as provided in this Section. The Commissioner shall deliver to the Fiscal Division the proceeds of any sale made under the provisions of this Section. Before delivering any cigars or cigarettes sold to the purchaser at such a sale, the Commissioner shall require the purchaser to affix to the packages the amount of stamps required by this Chapter or to comply with the Commissioner's alternate method. The seizure and sale of any cigars, cigarettes, or property under the provisions of this Chapter shall not relieve any person from a fine, imprisonment, or other penalty for violation of this Chapter. (c) When any cigars, cigarettes, or other property have been seized under the provisions of this Chapter, the Commissioner, at his discretion, may advertise them for sale in a newspaper published or having a circulation in the place in which the seizure occurred at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, or other property may make written application to the Commissioner for a hearing. The application shall state the person's interest in the cigars, cigarettes, or other property and his reasons why the cigars, cigarettes, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in Section 91A-5517 (a). No sale of any cigars, cigarettes, or property seized under the provisions of this Chapter shall be made while an application for a hearing is pending before the Commissioner. The pendency of an appeal under the provision of Section 91A-5517 (b) shall not prevent the sale unless the appellant posts a satisfactory bond, with surety, in an amount double the estimated value of the cigars, cigarettes, or other property and conditioned upon the successful termination of the appeal.

"GA1978.1.720">

(d) Any vending machine found containing or dispensing any cigarettes which do not bear the tax stamps required under this Chapter or any cigars upon which the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the Commissioner as required under this Chapter shall be a contraband article. The Commissioner may seize any such machine and deal with it in the same manner as is provided by law for the seizure and sale of unstamped cigarettes and nontax-paid cigars. 91A-5510. Reports of distributors and dealers; penalty for failure to report. (a) Every licensed distributor shall file with the Commissioner, on or before the 10th day of each month, a report in the form prescribed by the Commissioner and disclosing: (1) The number of cigars or cigarettes on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed. (2) Information required by the Commissioner concerning the amount of stamps purchased, used, and on hand during the report period. (3) Information otherwise required by the Commissioner for the report period. (b) The Commissioner may require such other reports as he deems necessary for the proper administration of this Chapter including, but not limited to, reports from common carriers and warehousemen with respect to cigars and cigarettes delivered to or stored at any point in this State. (c) Any person who fails to file any report on the due date of the report shall forfeit as a penalty, for each day after the due date until the report is filed, the sum of $1 to be collected in the manner provided in Section 91A-5520 (c) for the collection of penalties. 91A-5511. Records of distributors and dealers; examination. (a) Each distributor and each dealer shall keep complete and accurate records of all cigars and cigarettes manufactured, produced, purchased, and sold. The records shall be of the kind and in the form prescribed by the Commissioner and shall be safely preserved for three years in a manner appropriate to insure permanency and accessibility

"GA1978.1.721">

for inspection by the Commissioner and his authorized agents. The Commissioner and his authorized agents may examine the books, papers, and records of any distributor or dealer in this State for the purpose of determining whether the tax imposed by this Chapter has been fully paid and, for the purpose of determining whether the provisions of this Chapter are properly observed, may investigate and examine the stock of cigars or cigarettes in or upon any premises including, but not limited to, public and private warehouses where the cigars or cigarettes are possessed, stored, or sold. (b) The Commissioner and his authorized agents may examine the books, papers, and records of any transportation company, any common, contract, or private carrier, and any public or private warehouse for the purpose of determining whether the provisions of this Chapter are properly observed. 91A-5512. Penalty for nonpayment of tax or deficiency in stamps purchased. (a) (1) The Commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the Commissioner or his authorized agents, the Commissioner determines that: (A) The report of the licensed distributor or licensed dealer is incorrect. (B) The licensed distributor or dealer has not paid the tax in accordance with the alternate regulations promulgated by the Commissioner under Section 91A-5503. (C) The licensed distributor or dealer has not purchased sufficient stamps to cover his receipts for sales or other disposition of unstamped cigarettes and nontax-paid cigars. (2) In any case where a licensed distributor or dealer cannot produce evidence of sufficient stamps purchased or other payment of the tax imposed to cover the receipt of unstamped cigarettes or nontax-paid cigars, it shall be assumed that the cigarettes and cigars were sold without having either the proper stamps affixed or, in regard to cigars, the tax paid on the cigars.

"GA1978.1.722">

(b) If the Commissioner determines that the deficiency or any part of the deficiency is due to a fraudulent intent to evade the tax, a penalty of 50 percent of the deficiency shall be added to the amount due. 91A-5513. Tax on persons having cigars or cigarettes upon which tax under Section 91A-5502 has not been paid. (a) There is imposed a tax on every person for the privilege of using, consuming, or storing in this State cigars and cigarettes on which the tax imposed by Section 91A-5502 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars and cigarettes used, consumed, or stored as set forth in Section 91A-5502. (b) The provisions of this Section shall not apply to: (1) Cigars or cigarettes in the hands of a licensed distributor or dealer. (2) Cigars or cigarettes in the possession of a carrier complying with the provisions of Section 91A-5519. (3) Cigars or cigarettes stored in a public warehouse. (4) Cigarettes in an amount not exceeding 200 cigarettes which have been brought into the State on the person. (5) Cigars in an amount not exceeding 20 cigars which have been brought into the State on the person. 91A-5514. Registration and reports of persons acquiring cigars and cigarettes subject to tax. Every person, before acquiring cigars or cigarettes subject to the tax imposed by Section 91A-5513, shall register with the Commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the Commissioner. The report shall be made on or before the 10th day of the month following the month in which the cigars or cigarettes were acquired and shall be accompanied by the amount of tax due. 91A-5515. Assessment when no report is filed or false report is filed. In case any person subject to the tax imposed by Section 91A-5513

"GA1978.1.723">

fails to make the required report or makes an incorrect report, the Commissioner, from the best information available to him, shall assess the correct amount of tax due from that person. A copy of the assessment shall be furnished the person by registered mail, return receipt requested, or by personal service. Any person aggrieved by any assessment pursuant to this Section may request a hearing in the manner provided in Section 91A-5517 (a). 91A-5516. Penalties for failure to register and make report or to pay tax. (a) Every person subject to the tax imposed by Section 91A-5513 who fails to register with the Commissioner as a responsible taxpayer, who fails to make a report within the time specified, or who fails to remit the tax within the time specified may be required to pay a penalty of not less than $25 nor more than $250 in addition to the tax and any other penalties imposed by law and found due by the Commissioner. The Commissioner may proceed to collect the tax and penalty in the manner provided in Section 91A-5520 (c). (b) Except as otherwise provided in this Section, the sanctions and penalties set forth in Sections 91A-5517 through 91A-5523, inclusive, and 91A-9926 through 91A-9930, inclusive, shall be imposed where applicable for any violations of this Chapter by consumers. 91A-5517. Procedure by person aggrieved by act of Commissioner; hearing; production of evidence; appeals. (a) Any person aggrieved by any action of the Commissioner or his authorized agent may apply to the Commissioner, in writing within 10 days after the notice of the action is delivered or mailed to him, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The Commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the Commissioner may make an order in the premises as may appear to him to be just and lawful and shall furnish a copy of the order to the applicant. The Commissioner at any time, by notice in writing, may order a hearing on his own initiative and require the taxpayer or any other person whom he believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars or cigarettes which have escaped taxation to appear before him or his duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information.

"GA1978.1.724">

(b) Any person aggrieved because of any action or decision of the Commissioner after hearing may appeal from the decision to the superior court of the county in which the appellant resides. The appeal shall be returnable at the same time and served and returned in the same manner as is required in case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond of recognizance to the State, with surety, to prosecute the appeal to effect and to comply with the orders and decrees of the court in the premises. The action of the Commissioner shall be sustained unless the court finds that he misinterpreted the provisions of this Chapter or that there is no evidence to support his action. If the Commission is not sustained, the court may grant equitable relief to the appellant. Upon all appeals which are denied, costs may be taxed against the appellant at the discretion of the court. No costs of any appeal shall be taxed against the State. 91A-5518. Refunds of taxes. The Fiscal Division is authorized to pay on the order of the Commissioner claims for refunds of cigar or cigarette taxes found by the Commissioner or the courts to be due to any distributor, dealer, or taxpayer. The Commissioner, upon proof satisfactory to him and in accordance with regulations promulgated by him, shall refund the cost price of stamps affixed to any package of cigars or cigarettes or refund the tax paid on cigars under the alternate method when the cigars or cigarettes have become unfit for use or consumption or unsalable and have been destroyed or shipped out of the State. 91A-5519. Transportation of cigars and cigarettes; confiscation of goods and vehicles where law not complied with; other penalties. (a) Every person who transports cigars or cigarettes not stamped or upon which tax has not been paid in accordance with the alternate regulations provided for by the Commissioner under Section 91A-5503 upon the public highways, roads, and streets of this State shall have in his actual possession invoices or delivery tickets for the cigars and cigarettes which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars or cigarettes transported, and the name and address of the person who has or shall assume the payment of the State tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars or cigarettes being transported and the vehicles in which the cigars or cigarettes are being transported shall be confiscated and disposed of as provided

"GA1978.1.725">

in Section 91A-5509 and the transporter may be liable to a penalty of not more than $25 for each individual carton of cigarettes and $50 for each individual box of cigars being transported by him. The penalty shall be sued for and recovered as provided in Section 91A-5520 (c). (b) The provisions of this Section shall apply only with respect to the transportation of more than 200 cigarettes or more than 20 cigars. 91A-5520. Penalties for violations; procedure to collect. (a) Any person who possesses unstamped cigarettes or nontax-paid cigars in violation of the provisions of this Chapter shall be liable to a penalty of not more than $25 for each individual carton of unstamped cigarettes and $50 for each individual box of nontax-paid cigars in his possession. (b) Any person who engages in any business or activity for which a license is required under the provisions of this Chapter without first having obtained a license to do so or who, having had such a license, continues to engage in or conduct the business after the license has been revoked or during a suspension of the license shall be liable to a penalty of not more than $250. Each day that the business is so engaged in or conducted shall be deemed a separate offense. (c) Proceedings to enforce and collect the penalties provided by this Chapter shall be brought by and in the name of the Commissioner. Every superior court with respect to offenses committed within the territorial jurisdiction of the court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the Commissioner in the event of judgment in his favor. If the judgment is for the defendant, it shall be without costs against the Commissioner. All expenses incident to the recovery of any penalty pursuant to the provisions of this Section shall be paid for in the same manner as any other expense incident to the administration of this Chapter. 91A-5521. Venue as to violations of Chapter; certificate of Commissioner as evidence. The failure to do any act required to be done by or under the provisions of this Chapter shall be deemed an act committed in part at the office of the Commissioner in Atlanta.

"GA1978.1.726">

The certificate of the Commissioner to the effect that any act required to be done by or under the provisions of this Chapter has not been done shall be prima facie evidence that the act has not been done. 91A-5522. Jurisdiction of superior court as to criminal violations. The superior court shall have jurisdiction of offenses against this Chapter which are punishable by fine or imprisonment or both. 91A-5523. Amount of unpaid tax as lien; recording; seizure of property; sale; interest on delinquent taxes and penalties. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars or cigarettes without collecting the tax and against the property of any person using or consuming cigars or cigarettes without proper stamps affixed to the cigars or cigarettes or the tax paid on the cigars as otherwise provided in this Chapter. The Commissioner or his authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this Chapter or the Commissioner may record his lien specifying and describing the property against which the lien is effective and the lien shall be good as against any other person until the claim for taxes is satisfied. 91A-5524. Powers and duties of special agents and enforcement officers of Department. (a) Each person appointed by the Commissioner as a special agent or enforcement officer of the Department in the enforcement of the laws of this State with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, cigarettes, and little cigars shall have the authority throughout the State to: (1) Obtain and execute warrants for arrest of persons charged with violations of such laws. (2) Obtain and execute search warrants in the enforcement of such laws. (3) Arrest without warrant any person found in violation of such laws, or endeavoring to escape after violation of such laws, and to arrest for other cause if there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant.

"GA1978.1.727">

(4) Make investigations in the enforcement of such laws and in connection with investigations to go upon any property outside of buildings, whether posted or otherwise, in the performance of his duties. (5) Seize and take possession of all property which is declared contraband under such laws. (6) Carry firearms while performing his duties. (b) Each such special agent or enforcement officer shall file with the Commissioner a public official's bond in the amount of $1,000, the cost of the bond to be borne by the Department. Nothing in this Chapter shall be construed as relieving agents and officers, after making an arrest, from the duties imposed generally to obtain a warrant promptly and return arrested persons without undue delay before a person authorized to examine, commit, or receive bail as required by general law. 91A-5525. Purchase of tax stamps on account. (a) The Commissioner may permit licensed distributors to purchase tax stamps from the Department on account. Permits may be granted only to licensed distributors who post bonds with the Commissioner in amounts sufficient in the opinion of the Commissioner to secure the payment for stamps delivered on account. Tax stamps purchased by licensed distributors shall be paid for in full on or before the 20th day of the month next succeeding the purchase. The bond provided for in this Section shall be secured by cash which shall bear no interest, by negotiable securities approved by the Fiscal Division, or by a surety bond executed by some surety company licensed to do business in this State and approved by the Commissioner. (b) The Commissioner may cancel without notice any permit issued under the provisions of this Section if the licensed distributor fails or refuses to comply with the requirements of this Section or with the rules and regulations adopted under authority of this Section. (c) On or before June 30 of each fiscal year, the licensed distributor shall pay for, in its entirety, any liability for the purchase of tax stamps due and owing at that time.

"GA1978.1.728">

(Chapter 91A-56 RESERVED) PART IX. ESTATE TAXES CHAPTER 91A-57. ESTATE TAX 91A-5701. Definition. As used in this Chapter, `federal filing date' means the date required for filing the federal estate tax return as required by the Internal Revenue Code. 91A-5702. Resident decedents; payment of State estate taxes; required returns and other documentation; interest rates. (a) It shall be the duty of the personal representative of the estate of any person who dies a resident of this State and whose estate is subject to the filing of a federal estate tax return to file with the Commissioner a duplicate of the federal estate tax return which the personal representative is required to make to the federal authorities. The duplicate estate tax return must be filed within the time period required for filing the return with the federal authorities, including any extensions to the period for filing, and shall be filed not later than the date on which the estate tax return is filed with the federal authorities. If the duplicate return is filed after the federal filing date, not including any extensions, the personal representative shall attach to the duplicate return filed with the Commissioner a copy of the written approval received from the federal authorities granting an extension of time for filing. (b) On or before the date the duplicate return is filed with the Commissioner, the personal representative shall pay to the State a tax in an amount equal to the amount allowable as a credit for State death taxes under Section 2011 of the Internal Revenue Code, as amended. If the tax is paid later than the federal filing date, not including any extensions, the personal representative shall pay interest on the tax at the rate of nine percent per annum from the filing date to the time of payment. If the decedent owned at the time of his death either real property in another state or personal property having a business situs in another state, when the other state requires the payment of a tax for which credit is received against federal estate taxes, any tax due under this Chapter shall be reduced

"GA1978.1.729">

by an amount which bears the same ratio to the total State tax credit allowable for federal estate tax purposes as the value of the property taxable in the other state bears to the value of the entire gross estate for federal estate tax purposes. (c) If, after the filing of a duplicate return and the payment of the State estate tax and any interest due on the State estate tax, the amount allowable as a credit for State death taxes as finally determined by the federal authorities for federal estate tax purposes is increased or decreased from the amount shown on the original return, the personal representative of the estate shall file with the Commissioner, within 30 days of the federal adjustment, a copy of the documentation received from the federal authorities and such other or additional documentation as the Commissioner may require showing all changes made in the original return and the increase or decrease in the amount allowable as a credit for State death taxes. On or before the date of the filing of the documentation, the personal representative shall pay any additional tax due to the State, if any, plus interest on any additional tax so determined at the rate of nine percent per annum from the federal filing date, not including any extensions, to the date of the payment. In the event of a decrease in the credit for State death taxes, the Commissioner shall refund to the estate any overpayment of the tax imposed by this Section, plus interest at the rate of nine percent per annum from the federal filing date, not including extensions, to the date of payment of the refund. 91A-5703. Nonresident decedents; payment of State estate taxes; required returns and other documentation; interest rates. It shall be the duty of the personal representative of the estate of any person who dies a nonresident of this State but who owns or controls real property located in this State or personal property having a business situs in this State and whose estate is subject to the filing of a federal estate tax return to file with the Commissioner a duplicate of the federal estate tax return which the personal representative is required to make to the federal authorities and to pay a tax, including interest on the tax, at the time and under the terms and conditions as set forth in Section 91A-5702 for the estate of resident decedents. The amount of tax to be paid by the personal representative pursuant to this Section shall be that amount which bears the same ratio to the total State tax credit allowable for federal estate tax purposes as the value of the property taxable in this State bears to the value

"GA1978.1.730">

of the entire gross estate for federal estate tax purposes. If, after the filing of a duplicate return and the payment of the State estate tax and any interest due on the State estate tax, the amount allowable as a credit for State death taxes as finally determined for federal estate tax purposes by the federal authorities is increased or decreased from the amount shown on the original return, the personal representative of the estate shall file with the Commissioner a copy of the documentation received from the federal authorities and such other or additional documentation as the Commissioner may require showing all changes made in the original return and the increase or decrease in the amount allowable as a credit for State death taxes. The personal representative shall pay the additional tax due, plus interest on the additional tax, or receive a refund for any overpayment of the tax, plus interest on the amount of the refund, at the time and under the terms and conditions as set forth in Section 91A-5702 for the estates of resident decedents. 91A-5704. Filing date for duplicate estate tax return; appraisal when return not filed. When a duplicate return is not timely filed with the Commissioner by the personal representative of the estate as required by this Chapter, the estate may be appraised and assessed for State estate taxes, plus interest due on the taxes, in accordance with the format of the federal estate tax return by the Commissioner. The Commissioner shall have full power and authority to require the production of all evidence that will enable him to determine the value of all property of the estate subject to be taxed under this Chapter. The Commissioner shall notify the personal representative of the amount of the State estate tax, plus interest on the tax, found to be due by the estate of the decedent. 91A-5705. Failure to pay tax; execution; interest; penalty. Whenever the personal representative of any estate fails to pay the amount of tax assessed against the estate, plus interest on the tax, pursuant to Section 91A-5704 within 30 days after notice from the Commissioner as to the amount to be paid and whenever the personal representative timely files a duplicate return as required by Sections 91A-5702 and 91A-5703 but fails to pay the State estate tax due on or before the filing, the Commissioner shall issue an execution against the estate for the amount of the tax, plus interest due on the tax to the date of the issuance of execution and the amount of any penalty as provided in this Section. The execution shall be enforced by levy and sale and shall bear interest on the amount of the

"GA1978.1.731">

tax at the rate of nine percent per annum from the date of execution until paid. Additionally, a penalty in an amount equal to 10 percent of the amount of the credit for State death taxes as finally determined for federal estate tax purposes shall be paid by the personal representative of the estate to the Commissioner for failure to file a duplicate of the federal estate tax return as required by Sections 91A-5702 and 91A-5703 or for failure to pay the tax within 30 days after notice from the Commissioner as to the amount to be paid. 91A-5706. Extension for filing returns and paying taxes. (a) In addition to the extension authorized by Section 91A-5702, the time for filing a duplicate of the federal estate tax return with the Commissioner as required by this Chapter may be extended for a period of time not to exceed six months after the federal filing date, not including any extensions, when a written application requesting the extension is made by the personal representative of the estate to the Commissioner on or before the required federal filing date, not including any extensions of the federal filing date. Any extension of time for filing a duplicate of the federal estate tax return granted by the Commissioner shall not operate to extend the time for payment of the taxes imposed by this Chapter, except that an extension of time may be separately granted by the Commissioner to pay any such tax in accordance with the provisions of Section 6161 of the Internal Revenue Code as provided in this Section. (b) An extension of time for paying the State estate tax, or any portion of the tax, as required by this Chapter may be granted by the Commissioner upon the same terms and conditions, in the same manner, and to the same extent as provided for the extension of time to pay federal estate tax under Section 6161 of the Internal Revenue Code, when a written application requesting the extension is made by the personal representative of the estate to the Commissioner on or before the required federal filing date, not including any extensions of the federal filing date. Any extension of time granted under this Section shall terminate immediately upon the termination of the extension by the federal authorities, unless earlier terminated by the provisions of Section 6161 of the Internal Revenue Code. Within 30 days from the notification of termination by the federal authorities, the personal representative shall pay to the Commissioner any estate tax due but unpaid, plus interest on the tax, as provided in this Chapter, but without any penalty as provided in this Chapter. If an

"GA1978.1.732">

extension of time for the payment of tax or deficiency is granted, the Commissioner may require, if he deems it necessary, a bond for the payment of the amount in respect to which the extension is granted, but the bond shall not exceed double the amount with respect to which the extension is granted. The bond shall be executed with surety satisfactory to the Commissioner. (Chapters 91A-58 and 91A-59 RESERVED) PART X. SPECIFIC, BUSINESS, AND OCCUPATION TAXES CHAPTER 91A-60. IN GENERAL 91A-6001. Export tax on Georgia products prohibited. No export tax shall be imposed upon any item manufactured or produced in this State and shipped by the manufacturer or producer for sale outside the State. 91A-6002. Capitation tax prohibited. No county, municipality, or district shall levy or collect any capitation tax whatever, except street tax. Street tax may be levied and collected only after opportunity to work the streets has been given. 91A-6003. Unlawful to levy tax on persons traveling in air commerce. (a) It shall be unlawful for the State or any county, municipality, airport authority, district, or other political subdivision to levy or collect a tax, fee, head charge, or other charge, directly or indirectly, on: (1) Persons traveling in air commerce, whether on regularly scheduled commercial airlines, chartered air flights, or in privately owned civil aircraft. (2) The carriage of persons traveling in air commerce. (3) The sale of air transportation or on the gross receipts derived from air transportation. (b) The provisions of this Section shall not be construed to prohibit the State or any county, municipality, airport authority, district, or other political subdivision:

"GA1978.1.733">

(1) From levying or collecting any property, income, franchise, sale, use, or other tax otherwise authorized by law. (2) Which owns or operates an airport from levying or collecting reasonable rental charges, landing fees, license fees, permit fees, and other service charges for the use of airport facilities and related facilities from aircraft owners, operators, persons selling or providing goods or services to the owners or operators or to the public, and others, when otherwise allowed by law. 91A-6004. Limitation upon authority of municipality or county to levy business or occupational tax; limitation on county when office within municipality. (a) No municipality or county shall levy or collect any license, occupational, or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, applied psychology, landscape architecture, land surveying, masseur, public accounting, embalming, funeral directors, civil, mechanical, hydraulic, or electrical engineering, or architecture except at the place where the practitioner maintains his principal office. No such levy shall exceed the sum of $200 per year or be assessed upon or collected from any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the State, a municipality or county of the State, or instrumentalities of the United States, the State, or a municipality or county of the State. (b) When any principal office is located within the corporate limits of a municipality, the county governing authority may not levy any tax under this Section as to that office. 91A-6005. Carnivals, circuses, road shows, etc. A county governing authority, by order or resolution, may regulate and impose a license fee, not to exceed $1,000 per year, upon each carnival, circus, road show, tent show, or any and all other itinerant shows or other itinerant entertainment located or held within the county and outside the corporate limits of a municipality. 91A-6006. Duty to post licenses in places of business. Each person subject to any special or occupational tax shall post the State license in a conspicuous place in his place of business and keep the license there at all times during the life of the license.

"GA1978.1.734">

91A-6007. Time taxes due. All license, business, occupation, and other taxes imposed under the provisions of this Part, except as otherwise specifically provided, shall be due and payable annually on January 1. In the event that any person commences business on any date after January 1 in any year, the tax shall be due and payable on the date of the commencement of the business. 91A-6008. Amount of tax where business commenced after July 1. When any person commences business on or after July 1 in any year, the business, license, or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed and provided for the entire year. 91A-6009. Census by which population controls the amount of tax or license fee. In all cases where population controls the amount of tax or license fee to be paid, the last census report of the United States government shall govern. Whenever in this Part the words `in towns or cities' occur, the words mean, unless specifically provided otherwise, within one mile of villages, towns, or cities. 91A-6010. Duties of sheriffs, tax collectors, etc., as to collection of taxes; prosecution. It shall be the duty of the sheriffs, their deputies, and the constables to look carefully after the collection of all taxes that may be due the State under any law, or any other special taxes due the State. It shall be the duty of all tax collectors, tax commissioners, sheriffs, and constables to direct and see that all persons violating any of the tax laws of this State shall be prosecuted for all violations. One-fourth of the fines imposed upon persons convicted of violation of any tax law of this State, upon the information of any citizen of this State, shall be paid, by order of the court, to the informant. 91A-6011. Penalty for default in payment. Should any special, occupation, or sales tax or license fee imposed by this Part remain due and unpaid for 90 days from the due date of the tax, the person liable for the tax shall be subject to and shall pay a penalty of 10 percent of the tax due. 91A-6012. Execution to issue against delinquents; criminal liability not affected. (a) In addition to the other remedies given the State for the collection of special taxes, occupational taxes, and license fees due the State by persons following the occupation and

"GA1978.1.735">

failing or refusing to pay the tax or license fee, the officer charged with the collection of the tax or license fee, when the tax or fee is due, shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due. (b) The right to criminally prosecute persons violating the law by failing to pay the special taxes, occupational taxes, or license fees or refusing to register shall be cumulative to the remedy of issuing execution against the delinquent taxpayer as authorized by subsection (a). 91A-6013. Practicing occupation after nulla bona entry for special tax. When a nulla bona entry has been entered by proper authority upon an execution issued by the tax collector or tax commissioner of any county against any person for a special tax, the person against whom the entry is made shall not be allowed or entitled to have or collect any fees or charges whatever for service rendered after the entry of the nulla bona. If at any time after the entry of nulla bona has been made the person against whom the execution issues pays the tax in full with all interest and costs accrued on the tax, the person may collect any fees and charges due him as though he had never defaulted in the payment of the taxes. CHAPTER 91A-61. NONRESIDENT CONTRACTORS 91A-6101. `Contractor' defined. For the purposes of this Chapter, `contractor' means any person engaged in the business of constructing, altering, repairing, dismantling, or demolishing buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, water wells, pipelines, and every other type of structure, project, development, or improvement coming within the definition of real property or personal property including, but not limited to, constructing, altering, or repairing of property to be held either for sale or rental and all subcontractors so engaged. 91A-6102. Purpose of Chapter; registration of nonresident contractors; fees; exemptions. Each nonresident contractor desiring to engage in the business of contracting in this State shall register with the Commissioner for each contract when the total contract price or compensation to be received amounts to more than $10,000 and shall report to the Commissioner, as provided by rule, with respect

"GA1978.1.736">

to the tax liability of the contractor pursuant to the business including, but not limited to, liability under the Employment Security Law. The Commissioner shall charge a fee for the registration in the amount of $10 for each contract. All fees received by the Commissioner shall be deposited on Monday of each week with the Fiscal Division. 91A-6103. Bonds. (a) Before entering into the performance of any contract the total price of which, or the total compensation to be received by the contractor from which, amounts to more than $10,000, the contractor shall execute and file with the Commissioner a good and valid bond in a surety company authorized to do business in this State, or with sufficient sureties to be approved by the Commissioner, conditioned that all taxes which may accrue to the State and to the political subdivisions of the State on account of the execution and performance of the contract will be paid on demand including, but not limited to, contributions due under the Employment Security Law. (b) The execution and filing of the bond required by subsection (a) shall be a condition precedent to commencing work on any contract in this State. (c) (1) Every bond required by this Section shall be in an amount equal to 10 percent of the contract price or of the compensation to be received by the contractor pursuant to the contract. (2) (A) The Commissioner may permit or require a contractor to file a blanket or master bond, conditioned as provided in subsection (a), in a sum determined proper by the Commissioner when: (i) The contractor is engaged in a continuing service under multiple contracts or is performing services under a contract on a contingent or unit basis and the contract price or compensation cannot be determined until after the performance of the contract. (ii) The Commissioner finds that registration of a contract before commencement of work under the contract is impracticable for any reason.

"GA1978.1.737">

(B) No bond pursuant to this paragraph shall be in an amount less than $10,000 with respect to all contracts to be performed during the current calendar year. (C) On or before March 1 in each year, the contractor shall report and register all contracts of $10,000 or more completed during the previous calendar year and shall pay the registration fee of $10 for each contract. 91A-6104. Injunction upon failure to register or make bond. Each person failing to register as required by this Chapter or failing to execute the required bond before beginning the performance of any contract shall be denied the right to perform the contract until he complies with registration and bond requirements. The county attorney of any county in which the contract is to be performed, the general counsel of the Employment Security Division when requested by the director of the Employment Security Division, or the attorney for the Commissioner when requested by the Commissioner may proceed by injunction to prevent any activity in the performance of the contract until the registration is made and the bond is executed and filed. A temporary injunction enjoining the execution of any such contract shall be granted without notice by any judge authorized by law to grant injunctions. 91A-6105. Appointment of Secretary of State as agent for service. At the time a contractor registers with the Commissioner, the contractor shall make an appointment, in writing, of the Secretary of State of the State, or his successor in office, to be his true and lawful agent upon whom may be served all lawful process in any action or proceeding against the nonresident contractor for State and local taxes growing out of any contract executed, or being executed, in this State. The appointment shall be evidence of the contractor's agreement that any such process against him which is served on the Secretary of State shall be of the same legal force and validity as if served upon him personally within the State. 91A-6106. Action; service; venue; record kept by Secretary of State. An action against any contractor coming within the provisions of this Chapter may be brought in Fulton County or in any county in which any work under any contract is performed by the attorney for the Commissioner or the general counsel of the Employment Security Division. The summons shall be directed to the Secretary

"GA1978.1.738">

of State and shall require the defendant to answer by a certain day, not less than 30 days nor more than 60 days from the date of the issuance of the summons. The summons shall be forwarded immediately by the clerk of the court to the Secretary of State who shall immediately forward a copy of the summons to the contractor at the address given by the contractor. After forwarding the summons, the Secretary of State shall make return of the summons to the court in which the summons was issued. The return shall show the date of receipt of the summons by the Secretary of State, the date of forwarding the copy of the summons, and the name and address of the person to whom the Secretary of State forwarded the copy of the summons. The return shall be under the hand and seal of the office of the Secretary of State and shall have the same force and effect as a due and sufficient return made by the sheriff on process directed to him. The Secretary of State shall keep a suitable record book in which he shall docket every action commenced as provided in this Section against any contractor. This record shall show the court in which the suit is brought, the title of the case, the time when the suit is commenced, and the date and manner of service. 91A-6107. Failure to register precludes right to sue. No contractor who fails to register with the Commissioner as required by this Chapter or to comply with any of the provisions of this Chapter shall be entitled to maintain an action to recover payment for performance on the contract in the courts of this State. 91A-6108. Release of bonds. No bond required under this Chapter shall be released until the contract for which the bond is given has been fully performed and until the Commissioner obtains a written release from the director of the Employment Security Division certifying that all contributions and interest due by the principal on the bond under the Employment Security Law have been paid in full. Bonds shall be released automatically two years after written notification of the completion of the contract is received by the Commissioner unless a court proceeding has been instituted against the contractor. CHAPTER 91A-62. EXCISE TAX ON ROOMS, LODGINGS, OR ACCOMMODATIONS 91A-6201. Purpose of Chapter. It is declared to be the purpose and intent of the General Assembly that:

"GA1978.1.739">

(a) Each county and municipality in this State shall be authorized to levy and impose certain excise taxes. (b) Funds be made available to the governing authorities of such counties and municipalities for any public purposes. (c) Funds be made available for the purposes of promoting, attracting, stimulating, and developing conventions and tourism in such counties and municipalities. 91A-6202. Counties and municipalities authorized to impose, levy, and collect tax. (a) The governing authority of each county and of each municipality in this State may impose, levy, and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by or required to pay business or occupation taxes to the county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Section upon the sale or charges for any rooms, lodgings, or accommodations furnished for a period of more than 10 consecutive days or for the use of meeting rooms. No tax levied pursuant to this Section shall be levied or collected at a rate exceeding three percent of the charge to the public for the furnishings, nor shall the aggregate of taxes levied upon the sale or charges for any rooms, lodgings, or accommodations exceed seven percent of the charge to the public for the furnishings. (b) No tax may be imposed, levied, or collected by a county in any portion of the county in which the tax is being imposed, levied, and collected by a municipality. 91A-6203. Procedures. The rate of taxation, the manner of imposition, payment and collection of the tax, and all other procedures related to the tax shall be as provided for by each county and municipality electing to exercise powers conferred in this Chapter. 91A-6204. Collection of tax. Each dealer collecting the tax authorized by this Chapter 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 the

"GA1978.1.740">

amount due is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the State sales and use tax as provided in Chapter 91A-45. CHAPTER 91A-63. CORPORATE NET WORTH TAX 91A-6301. `Corporation' defined. As used in this Chapter, `corporation' includes, but is not limited to, associations, professional associations organized pursuant to the Georgia Professional Association Act, and insurance companies. 91A-6302. Corporate net worth tax imposed on all corporations. In addition to all other taxes imposed by law, there is imposed an annual corporate net worth tax on all corporations incorporated under the laws of this State, domestic foreign corporations, or corporations incorporated or organized under the laws of any other state, territory, or nation doing business or owning property in this State for the privilege of carrying on a business within this State in the corporate form. 91A-6303. Organizations exempt from payment of corporate net worth tax. The following are exempt from the payment of the tax imposed by this Chapter: (a) Those organizations not organized for pecuniary gain or profit. (b) Insurance companies which are separately taxed. (c) Banks and banking associations, federal savings and loan associations, and building and loan associations organized under the laws of this State or the laws of the United States which are separately taxed. 91A-6304. Amount of corporate net worth tax. (a) The tax imposed by this Chapter shall be based upon corporate net worth according to the following scale: Corporations with Net Worth Including Issued Capital Stock, Paid-in Surplus and Earned Surplus Amount of Tax Not exceeding $10,000 $ 10.00 Over $10,000 and not exceeding $25,000 $ 20.00 Over $25,000 and not exceeding $40,000 $ 40.00 Over $40,000 and not exceeding $60,000 $ 60.00 Over $60,000 and not exceeding $80,000 $ 75.00 Over $80,000 and not exceeding $100,000 $100.00 Over $100,000 and not exceeding $150,000 $125.00 Over $150,000 and not exceeding $200,000 $150.00 Over $200,000 and not exceeding $300,000 $200.00 Over $300,000 and not exceeding $500,000 $250.00 Over $500,000 and not exceeding $750,000 $300.00 Over $750,000 and not exceeding $1,000,000 $500.00 Over $1,000,000 and not exceeding $2,000,000 $750.00 Over $2,000,000 and not exceeding $4,000,000 $1,000.00 Over $4,000,000 and not exceeding $6,000,000 $1,250.00 Over $6,000,000 and not exceeding $8,000,000 $1,500.00 Over $8,000,000 and not exceeding $10,000,000 $1,750.00 Over $10,000,000 and not exceeding $12,000,000 $2,000.00 Over $12,000,000 and not exceeding $14,000,000 $2,500.00 Over $14,000,000 and not exceeding $16,000,000 $3,000.00 Over $16,000,000 and not exceeding $18,000,000 $3,500.00 Over $18,000,000 and not exceeding $20,000,000 $4,000.00 Over $20,000,000 and not exceeding $22,000,000 $4,500.00 Over $22,000,000 $5,000.00

"GA1978.1.742">

(b) In respect to any corporation coming into existence, becoming domesticated, or becoming subject to the tax for the first time for an initial taxable period of less than six months, the tax imposed for the period shall be 50 percent of the tax imposed by this Chapter for an entire year. 91A-6305. Determination of net worth of corporation. For the purpose of ascertaining the corporate net worth tax imposed by this Chapter, the net worth of the corporation shall be presumed to be the net worth as disclosed on the corporation's books and as reflected on the return required to be annually filed by the corporation. In the event the Commissioner ascertains that the books of any corporation reporting under this Chapter or the return filed for any corporation reporting under this Chapter, as provided in Section 91A-6308, does not disclose the true net worth of the corporation, the net worth of the corporation shall have the value fixed by the Commissioner from any information obtained by the Commissioner from any source. 91A-6306. Apportionment of net worth of foreign corporation. (a) For the purpose of ascertaining the corporate net worth tax imposed on a foreign corporation that is subject to the tax, the corporation is deemed to have employed in this State the proportion of its entire outstanding issued capital stock and surplus that its assets in this State and that the gross receipts of business done in this State bears to all of its assets and the total gross receipts of business done by the corporation. Receipts shall be deemed to have been derived from business done within this State only if received from products shipped to customers in this State or delivered within this State to customers. In determining gross receipts within Georgia, receipts from sales negotiated or effected through offices of the taxpayer outside the State and delivered from storage from in the State to customers outside the State shall be excluded. Capital stock having no nominal or par value shall be deemed to have the value as fixed for the stock by the Commissioner from the information contained in the return to be filed by the corporation as provided in Section 91A-6308 and from any other information available to the Commissioner. (b) The Commissioner may provide, by regulation, for an alternate method for apportionment of the net worth of a foreign corporation to this State when the formula set forth in subsection (a) does

"GA1978.1.743">

not accurately reflect the volume of business done in this State in relation to the total volume of business done by the foreign corporation. 91A-6307. Taxable period. (a) The corporate net worth tax imposed shall be due on the first day of the tax period. The annual tax period shall be the same as the annual tax period adopted by the corporation for State income tax purposes as provided by law. If a corporation does not return income taxes to this State, the taxable period shall begin on January 1 and end on December 31 of each calendar year. (b) The first taxable period of a corporation coming into existence, becoming domesticated, or otherwise becoming subject to the tax for the first time shall begin on the date of incorporation, domestication, or first becoming subject to the tax and shall end on the day preceding the beginning of the regular annual tax period provided for in subsection (a) of this Section. 91A-6308. Corporate net worth tax return. Each corporation subject to the tax imposed by this Chapter shall file a return and pay the tax due on the 15th day of the fourth calendar month following the beginning of its taxable period. The Commissioner may authorize combining the return required pursuant to this Section with the State income tax return required by law. The return shall be signed and sworn to by an officer of the corporation and shall be forwarded to the Commissioner. 91A-6309. Payment of tax; effect. The tax required by this Chapter shall be paid to the Commissioner on or before the 15th day of the fourth calendar month beginning with the first calendar month of the taxable period. The payment of the tax shall authorize the corporation, except as otherwise provided by law, to exercise the privilege specified in this Chapter in any county of this State. The payment of this tax shall not be construed so as to relieve a corporation or its agents of any other license or occupation tax. 91A-6310. Interest and penalties as additions to tax. (a) Each corporation subject to the provisions of this Chapter which fails to timely file the returns required by this Chapter shall become liable for a penalty of 10 percent of the tax. The penalty shall be collected in the same manner as the tax is collected. The Commissioner shall

"GA1978.1.744">

have the authority to extend the time for filing the return when good cause for the extension is shown. (b) Should the tax imposed by this Chapter remain unpaid after the date prescribed for payment, the delinquent corporation liable for the tax shall be subject to and shall pay, in addition to other penalties incurred, a penalty of 10 percent of the tax imposed for failure to pay the tax when due. (c) Any tax imposed by this Chapter which is due and unpaid after the date prescribed for payment shall bear interest at the rate of nine percent per annum until paid. The interest shall be in addition to all other penalties prescribed by law and shall be collectible in the same manner as the tax imposed by this Chapter. (Chapters 91A-64 through 91A-69 RESERVED) PART XI. GRANTS AND SPECIAL REVENUE DISBURSEMENTS CHAPTER 91A-70. GRANTS AND SPECIAL REVENUE DISBURSEMENTS 91A-7001. Grants in lieu of taxes from State Forestry Commission where State-owned land exceeds 20,000 acres; bills to Forestry Commission. (a) Each county in which land belonging to the State consisting of not less than 20,000 acres is located, when the county receives no revenue from taxes from the land, may receive from the State Forestry Commission a grant of funds for the State land. The amount of funds to be granted may be the same, but not more than, the amount the county would have received were the land subject to taxation based on current property evaluation and millage assessment. (b) Immediately upon an evaluation of the property involved and determination of the millage assessment for the property, the county tax official for the county involved shall bill the State Forestry Commission for the proper amount determined under the provisions of this Section. The county tax official shall send the bill to the State Forestry Commission at the same time as the county tax bills are sent out to the property owners of the county who are subject to county taxation.

"GA1978.1.745">

91A-7002. Apportionment of payments made to State or county by TVA in lieu of taxes; reapportionment. (a) As used in this Section, `TVA' means the Tennessee Valley Authority. (b) Payments made by the TVA to the State and any of its political subdivisions under Section 13 of the Act of Congress creating the TVA, as amended, shall be apportioned among the local governments in which property owned by the TVA is located on the basis of the percentage of loss of taxes to each, determined as provided in this Section. The payments made for each such fiscal year by the TVA shall be distributed by the Commissioner among counties and municipalities in which the TVA had power property (including, but not limited to, reservoir land allocated to power purposes) at the end of the preceding fiscal year in such manner that the sum of the payments plus the total of payments for the same fiscal year by the TVA directly to counties of the State shall be apportioned among the counties and municipalities by the same ratio that the book value of the TVA's power property in each county and in each municipality, respectively, bore as of the end of the preceding fiscal year to the total of the book value of the TVA's power properties in all counties within the State, plus the book value of the TVA's power properties located in all municipalities within the State. The apportionment shall be subject to the qualifications and such adjustments as may be necessary to meet the conditions set forth in subsections (c) and (d). The amount distributed by the Commissioner under the terms of this Section to any county or municipality in which is located an independent school district shall be divided between the county or city general government and the county or city school system based upon the ratio that the tax rate for the previous tax year for each bears to the total rate for both for the previous tax year. (c) All payments in lieu of taxes made by the TVA directly to any county for any fiscal year shall be retained by the county. The direct payment shall be deducted from the amount finally apportioned to the county under subsection (b) before distribution of the balance, if any, of the county's payment share for the particular fiscal year from the State. (d) If the initially apportioned payment share of any county for a fiscal year is less than the amount of payment made directly to the county by the TVA under the Act of Congress creating it, the

"GA1978.1.746">

amount due to the county shall be increased to conform to such requirements and the previously apportioned shares of all other counties and municipalities shall be reduced pro rata so that the total of the reductions shall equal the total of increases necessary to meet the minimum payment requirements of this Section. PART XII. CRIMES CHAPTER 91A-99. IN GENERAL 91A-9901. Falsely holding self out as representative of Commissioner or Department. (a) It shall be unlawful for any person, without authority to do so, to exercise, attempt to exercise, or hold himself out to anyone as exercising the duties or functions of an auditor, agent, or other representative of the Commissioner, the Department, or of any official, unit, or division of the Department, in any manner for any purpose. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9902. Defrauding State; misdemeanor. (a) It shall be unlawful for any person, willfully and with intent to defraud the State, to: (1) File any return, report, protest, or claim for refund containing any false or fraudulent statement, knowing the statement to be false. (2) Knowingly and intentionally omit to state any fact, circumstance, condition, or thing in any written document, the omission of which constitutes a material misstatement or misrepresentation of fact. (3) By any trick, device, scheme, or plan, evade or attempt to evade any tax, license, penalty, interest, or other amount due the State.

"GA1978.1.747">

(b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9903. Fraudulent claim of exemption. (a) It shall be unlawful for any person to endeavor to escape the taxes imposed by this Code by virtue of a certificate of exemption obtained through fraud or by using a certificate of exemption to which he is not entitled. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9904. Contraband articles; forged revenue stamps; equipment for making false markings as to payment of revenue; possession prohibited. (a) It shall be unlawful for any person to: (1) Make, possess, or have in his custody or control any contraband article. (2) Transport, carry, or convey any contraband article in, upon, or by means of any vessel, vehicle, aircraft, or other conveyance. (3) Conceal or possess any contraband articles in or upon any vessel, vehicle, aircraft, or other conveyance or upon the person of anyone in or upon any vessel, vehicle, aircraft, or other conveyance. (4) Use any vessel, vehicle, aircraft, or other conveyance for the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9905. Contraband articles; making, counterfeiting, passing, etc. revenue stamps and similar markings with intent to defraud; possession of contraband; concealment or possession upon

"GA1978.1.748">

conveyance; use of conveyance for improper handling; penalty. (a) It shall be unlawful for any person to: (1) With intent to defraud and without authorization, make, falsify, forge, alter, or counterfeit any revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of this State. (2) With knowledge, pass, publish, utter, or give currency to any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of this State. (3) Possess or have custody of any contraband article. (4) Transport, carry, or convey any contraband article in, upon, or by means of any vessel, vehicle, aircraft, or other conveyance. (5) Conceal or possess any contraband article in or upon any vessel, vehicle, aircraft, or other conveyance or upon the person of anyone in or upon any vessel, vehicle, aircraft, or other conveyance. (6) Use any vessel, vehicle, aircraft, or other conveyance for the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article. (b) Any person violating a provision of this Section shall be guilty of a felony and, upon conviction of the violation, shall be punished by a fine of not more than $5,000 or imprisoned for not less than one year nor more than three years, or both. 91A-9906. Fraudulent claim of exemption; crime; tax penalty. (a) It shall be unlawful for any person to: (1) Make any false or fraudulent claim for exemption under the provisions of Sections 91A-1110 to 91A-1116, inclusive, exempting the homestead from taxation.

"GA1978.1.749">

(2) Make any false statement or false representation of a material fact in support of a claim for exemption under the provisions of Sections 91A-1110 to 91A-1116 inclusive. (3) Knowingly assist another in the preparation of any false or fraudulent claim for exemption under the provisions of Sections 91A-1110 to 91A-1116, inclusive, or enter into any collusion with another by the execution of a fictitious deed, deed of trust, mortgage, or otherwise. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not more than $1,000 or imprisoned for not more than 12 months or both fined and imprisoned in the discretion of the court. In addition, the property shall be taxed in an amount double the tax otherwise to be paid. 91A-9907. Falsification of information required by Section 91A-1117, relating to certain exemptions from ad valorem taxation for school purposes. (a) It shall be unlawful for any person to willfully falsify information required by the Commissioner pursuant to the administration of Section 91A-1117, whether relating to age, income, or otherwise. (b) Any person violating the provisions of this Section shall be guilty of the crime of false swearing and, upon conviction of the violation, shall be punished as for the crime of false swearing. 91A-9908. Tax collector or tax commissioner failing to keep cash book. (a) It shall be unlawful for a county tax collector or tax commissioner to fail or refuse to keep a cash book, as prescribed by Chapter 91A-13. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9909. Tax collector or tax commissioner collecting tax before giving bond; etc. (a) It shall be unlawful for any tax collector or tax commissioner to collect, or attempt to collect, any tax before he has given, and had approved, the necessary bond and security, and taken the oaths of office.

"GA1978.1.750">

(b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9910. Refusal of tax receiver or tax commissioner to receive returns; etc. (a) It shall be unlawful for any tax receiver or tax commissioner to refuse to receive any return of taxes when the return is properly tendered in the presence of a witness and within the time the law requires. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9911. Failure to have returned and to collect taxes on property unlawfully exempted by county authorities. (a) It shall be unlawful for any tax receiver or tax commissioner to fail to: (1) Have returned for taxation all property required by law to be returned for taxation, in violation of the provisions of Section 91A-1016. (2) Fail to collect taxes assessed on all property, as required by Section 91A-1016. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9912. False reports by tax collectors or tax commissioners. (a) It shall be unlawful for any tax collector or tax commissioner to make out a false return or report of the amount of taxes collected which is required to be reported by Chapter 91A-13. (b) Any person violating the provisions of this Section shall be guilty of false swearing and, upon conviction of the violation, shall be punished as prescribed in Section 26-2402. 91A-9913. Penalty for failure to issue tax receipt. (a) Except as otherwise specifically authorized by law, it shall be unlawful for any person to receive payment of taxes or license fees without giving an official receipt as required in Section 91A-233(b).

"GA1978.1.751">

(b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9914. Failure to collect, account for, and pay over real estate transfer tax imposed by Chapter 91A-30. (a) It shall be unlawful for any person required under Chapter 91A-30, relating to a tax on transfer of real property, to collect, account for, and pay over any tax imposed by the Chapter to willfully fail to collect or truthfully account for and pay over the tax. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9915. Evading or defeating real estate transfer tax imposed by Chapter 91A-30. (a) It shall be unlawful for any person to willfully, in any manner, evade or defeat any tax imposed by Chapter 91A-30, relating to tax upon the transfer of real property, or the payment of the tax. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9916. Violation of Chapter 91A-31, relating to classifying and taxing intangible personal property. (a) It shall be unlawful for any person to willfully violate the terms of Chapter 91A-31, providing for the classification, return, and taxation of intangible personal property, or to willfully fail to do any act required of him by Chapter 91A-31. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9917. Violation of Section 91A-3204, requiring instrument conveying or encumbering real estate to show correct date and amount. (a) It shall be unlawful for any person to willfully violate Section 91A-3204, requiring an instrument conveying, encumbering, or creating a lien on real estate, to set forth the amount of the note secured and the date.

"GA1978.1.752">

(b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9918. Violations of Chapter 91A-50, relating to motor fuel taxes. (a) (1) With respect to the provisions of Chapter 91A-50, it shall be unlawful for any person to: (A) Refuse or neglect to make any required statement, report, or return. (B) Knowingly make, or aid or assist any other person in making, a false statement in a return or report to the Commissioner. (C) Knowingly collect or attempt to collect or cause to be paid to him or to any other person either directly or indirectly any refund of the tax without being entitled to the refund. (D) Fail to remit the tax to the State. (E) Engage in business in this State as a distributor without being licensed as required. (F) Sell, import, or use any motor fuel purchased by such person from any person other than a duly licensed distributor upon which the tax imposed and not exempted by law has not been paid. (2) Any person violating a provision of this subsection shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not less than $500 nor more than $10,000 or imprisonment for a term of not less than 30 days and not more than 12 months or both such fine and imprisonment. Each day or part of a day during which any person engages in business as a distributor without being the holder of an uncancelled license shall constitute a separate offense within the provisions of this subsection.

"GA1978.1.753">

(b) (1) It shall be unlawful for any person to purchase tax-exempt motor fuel from a licensed distributor for nonhighway use and to use or permit the motor fuel to be used for highway purposes. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not less than $500 nor more than $10,000 or imprisonment for not less than 30 days nor more than 12 months or both such fine and imprisonment. (c) (1) It shall be unlawful for any person not required by the provisions of Chapter 91A-50 to be licensed as a distributor of motor fuel, but who is required to file reports as provided by Chapter 91A-50, to willfully fail to file the report by the 20th day of the succeeding month for its activities or to willfully fail to remit in such monthly reports the date required by the Commissioner for proper administration of this Chapter. (2) Any person violating a provision of this subsection shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not less than $100 for the first offense and not less than $1,000 for each subsequent offense. (d) (1) It shall be unlawful for any person to violate any of the provisions of Chapter 91A-50 (including, but not limited to, record keeping) or to fail to do any other act required by Chapter 91A-50. (2) Any person violating a provision of this subsection shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not less than $1,000 or imprisonment for not more than 12 months or both such fine and imprisonment. 91A-9919. Road tax on motor carriers; penalty for false statements. (a) It shall be unlawful for any person to willfully and knowingly make a false statement orally, or in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining or attempting to obtain, or assisting any other person to obtain or attempt to obtain, a credit, refund, or reduction of liability

"GA1978.1.754">

for taxes under Chapter 91A-51, relating to road taxes on motor carriers. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9920. Other violations of Chapter 91A-51. (a) It shall be unlawful for any person to operate or cause to be operated on any highway in this State any motor vehicle that does not carry the registration card required by Chapter 91A-51 or any motor vehicle that does not display in the manner prescribed by the Commissioner the identification marker that Chapter 91A-51 requires to be displayed. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not less than $50 nor more than $200. Each day's operation in violation of any provision of this Section shall constitute a separate offense. 91A-9921. Violations of Chapter 91A-55, relating to cigar and cigarette taxes. (a) (1) It shall be unlawful for any person, with the intent to evade the tax imposed by Chapter 91A-55, to possess unstamped cigarettes or nontax-paid cigars. (2) Any person violating a provision of this subsection shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined not more than $1,000 or imprisoned for not more than 12 months, or both, at the discretion of the court. (b) (1) It shall be unlawful for any person, with the intent to evade the tax imposed by Chapter 91A-55, to: (A) Sell cigarettes without the stamps required by Chapter 91A-55 being affixed to the cigarettes. (B) Sell cigars without the stamp or stamps required by Chapter 91A-55 or the tax being paid on the cigars in accordance with the alternate provision.

"GA1978.1.755">

(2) Any person violating a provision of this subsection shall be guilty of a felony and, upon conviction of the violation, shall be imprisoned for not less than one year nor more than 10 years. 91A-9922. Failure to file report or filing false report required by Chapter 91A-55. (a) With respect to the provisions of Chapter 91A-55, it shall be unlawful for any person, with the intent to defraud the State or evade the payment of any tax, penalty, or interest, or any part of any such payment when due, to: (1) Willfully fail or refuse to file any report or statement required to be filed pursuant to the provisions of Chapter 91A-55 or by the Commissioner's rules and regulations. (2) File, or cause to be filed, with the Commissioner any false or fraudulent report or statement. (3) Aid or abet another in the filing, with the Commissioner, of any false or fraudulent report or statement. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined not more than $1,000, or imprisoned for not more than 12 months, or both, at the discretion of the court. 91A-9923. Cigars and cigarettes; false entries upon invoices or records. (a) It shall be unlawful for any person to: (1) Make a false entry upon any invoices or any record relating to the purchase, possession, or sale of cigarettes. (2) With intent to avoid any tax imposed by Chapter 91A-55, present any false entry upon any such invoice or record for the inspection of the Commissioner or his authorized agents. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be liable to a fine of not more than $250 for each separate offense. 91A-9924. Cigars and cigarettes; offenses relating to counterfeit stamps or tampering with metering machines. (a) With respect to

"GA1978.1.756">

the provisions of Chapter 91A-55, it shall be unlawful for any person to: (1) Fraudulently make, utter, forge, or counterfeit any stamp prescribed by the Commissioner. (2) Cause or procure a violation of paragraph (1) of this subsection to be done. (3) Willfully utter, publish, pass, or render as true any false, altered, forged, or counterfeited stamp. (4) Knowingly possess any false, altered, forged, or counterfeited stamp. (5) For the purpose of evading the tax imposed, use more than once any stamp provided for and required by Chapter 91A-55. (6) Tamper with or cause to be tampered with any metering machine authorized to be used. (b) Any person violating a provision of this Section shall be guilty of a felony and, upon conviction of the violation, shall be imprisoned for not less than one year nor more than 10 years. 91A-9925. Cigars and cigarettes; false swearing or giving false testimony relating to matters governed by Chapter 91A-55. (a) It shall be unlawful for any person to: (1) Knowingly swear to or affirm any false or fraudulent statement with intent to evade the payment of any tax imposed by Chapter 91A-55. (2) Being under oath, to testify falsely at any hearing held pursuant to the provisions of Chapter 91A-55. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined not more than $1,000 or imprisoned for not more than 12 months, or both, at the discretion of the court.

"GA1978.1.757">

91A-9926. Transporting cigars or cigarettes in violation of Section 91A-5519. (a) It shall be unlawful for any person, with intent to evade the tax imposed by Chapter 91A-55, to transport cigars or cigarettes in violation of Section 91A-5519. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined not more than $1,000 or imprisoned for not more than 12 months, or both, at the discretion of the court. 91A-9927. Violation of law taxing the operation of motor vehicles. (a) It shall be unlawful for any person to violate any of the terms of Chapter 91A-53, taxing the operation of motor vehicles. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9928. Conducting itinerant show, circus, or carnival without license required by Section 91A-6008. (a) It shall be unlawful for any person to hold, operate, or conduct any show or entertainment set out in Section 91A-6005 without having obtained a license or permit, when required, from the governing authority of the county. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined not less than $500 nor more than $1,000 or confined for a period of not less than one month nor more than 12 months, or both. Each day of holding, operating, or conducting the show or entertainment shall be deemed a separate offense. 91A-9929. Violations of Chapter 91A-61 regulating nonresident contractors. (a) It shall be unlawful for any person: (1) Before beginning the performance of any contract to fail to register as required by Chapter 91A-61, relating to the regulation of nonresident contractors. (2) Before beginning the performance of any contract to fail to execute the bond required by Chapter 91A-61.

"GA1978.1.758">

(3) To violate any other provisions of Chapter 91A-61. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9930. Failure of income taxpayer to furnish information, make return, keep or exhibit records, or pay tax. (a) It shall be unlawful for any person who is required under Part IV of this Title, relating to income taxes, to pay any tax, make any return, keep any records, supply any information, or exhibit any books or records for the purpose of computation, assessment, or collection of any tax imposed by Part IV to fail to: (1) Pay the tax. (2) Make the return. (3) Keep the records. (4) When requested to do so by the Commissioner: (A) Supply the information. (B) Exhibit the books or records. (b) In addition to other penalties provided by law, any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9931. Assisting in filing false income tax returns. (a) It shall be unlawful for any person to willfully aid or assist in, or procure, counsel, or advise the preparation or presentation, under or in connection with any matter arising under Part IV of this Title, relating to income taxes, of a false or fraudulent return, affidavit, claim, or document (whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document). (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall

"GA1978.1.759">

be fined not more than $1,000 or imprisoned for not more than six months, or both, and shall be required to pay the costs of prosecution. 91A-9932. Advising disregard of income tax regulations. (a) It shall be unlawful for any person, with intent to evade the income tax provided for in Part IV of this Title to willfully advise the preparation or presentation of a return with intentional disregard of rules and regulations of the Commissioner. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined not less than $100 nor more than $500, or imprisoned for not more than six months, or both. 91A-9932.1. Income taxes; divulging confidential information. (a) It is unlawful for any person to violate that provision of Section 91A-212, when the violation involves the divulging of information concerning income taxes. (b) Any person violating the provisions of subsection (a) shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. (c) In addition to the penalty provided in subsection (b), if the offender is an officer or employee of the State, he shall be dismissed from office and shall be incapable of holding any public office in this State for a period of five years after his dismissal. 91A-9933. Income tax; other violations. (a) Willful failure to withhold tax. (1) It shall be unlawful for any person who is required to deduct and withhold the tax required by Section 91A-3902 to willfully fail in making payments of wages for any payroll period to deduct and withhold the required tax from the wages paid to any employee. (2) In addition to other penalties provided by law, any person violating the provisions of this subsection shall be guilty of a misdemeanor for each such payroll period and, upon conviction of the violation, shall be punished as for a misdemeanor.

"GA1978.1.760">

(b) Willful failure to pay over withheld tax. (1) It shall be unlawful for any person who has deducted and withheld any amount from an employee's wage as a tax required under Section 91A-3902 to willfully fail, within the prescribed time, to pay the amount over to the Commissioner as required under Section 91A-3904. (2) In addition to other penalties provided by law, any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. (3) For purposes of this subsection, a lack of funds existing immediately after the payment of wages (whether or not created by the payment of the wages) shall not negate willfulness. (c) Willful failure to file return or declaration. (1) It shall be unlawful for any person who is required under Chapter 91A-39 or regulations pursuant to Chapter 91A-39 to file any return of any tax or any declaration of estimated tax, or to keep any record, to willfully fail to file the return or declaration or to keep the records at the time or times required by law or regulation. (2) In addition to other penalties provided by law, any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction for each such failure, shall be punished as for a misdemeanor. (d) False exemption certificate or failure to supply information. (1) It shall be unlawful for any individual who is required to supply information to his employer under Section 91A-3903 to willfully supply false or fraudulent information or to willfully fail to supply information under Section 91A-3903 which would require an increase in the tax to be withheld under Section 91A-3902. (2) In lieu of any penalty otherwise provided, any individual violating the provisions of this subsection shall be guilty of a

"GA1978.1.761">

misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. (e) False withholding receipts or failure to furnish receipts. (1) It shall be unlawful for any person who is required to furnish to an employee the receipt prescribed in Section 91A-3906 to willfully furnish a false or fraudulent receipt or to willfully fail to furnish the receipt at the time, in the manner, and showing the information required by law or regulation. (2) In lieu of any other penalty provided by law (except the penalty provided in Section 91A-3926 (d)), any person violating the provisions of this subsection shall be guilty of a misdemeanor for each such receipt or failure and, upon conviction of the violation, shall be punished as for a misdemeanor. (f) Attempts to evade or defeat tax. (1) It shall be unlawful for any person to willfully attempt in any manner to evade or defeat any tax imposed under Chapter 91A-39 or the payment of any tax imposed under Chapter 91A-39. (2) In addition to the other penalties provided by law, any person violating a provision of this subsection shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. (g) Willful failure to file corporate declaration or to pay estimated tax on the declaration. (1) It shall be unlawful for any officer, director, or employee of a corporation required under Chapter 91A-39 or regulations pursuant to Chapter 91A-39 to file any declaration of estimated tax to be willfully responsible for the failure of the corporation either to file the declaration or to pay any installment of estimated tax due under the declaration, or both. (2) In addition to other penalties provided by law, any individual violating the provisions of this subsection shall be guilty of a misdemeanor for each such failure and, upon conviction of the violation, shall be punished as for a misdemeanor.

"GA1978.1.762">

91A-9934. Violation of Chapter 91A-45, relating to sales and use taxes; failure of dealer to collect tax. (a) It shall be unlawful for any dealer to fail, neglect, or refuse to collect the tax provided for in Chapter 91A-45, relating to sales and use taxes, either by himself or through his agents or employees. (b) In addition to the penalty of being liable for and paying the tax himself, any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not more than $100 or imprisonment in the county jail for not more than three months, or both, in the discretion of the court. 91A-9935. Sales and use tax; advertising that dealer will absorb tax. (a) It shall be unlawful for any person to violate the provisions of Section 91A-4514 with respect to advertising. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not less than $25, nor more than $250, or imprisonment in the county jail for not exceeding three months, or both, in the discretion of the court. For a second or subsequent offense the penalty shall be double. 91A-9936. Sales and use tax; violation of Sections 91A-4519 and 91A-4520. (a) It shall be unlawful for any person to violate the provisions of Section 91A-4519 or Section 91A-4520. (b) Any person violating the provisions of this Section shall be guilty of a a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9937. Sales and use tax; failure of wholesalers or jobbers to keep records as provided in Section 91A-4526. (a) It shall be unlawful for any wholesale dealer or jobber in this State to fail to keep the records required to be kept by Section 91A-4526 or to fail to permit an inspection of the records by the Commissioner as provided in Section 91A-4526. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor.

"GA1978.1.763">

91A-9938. Sales and use tax; transportation companies violating certain requirements. (a) With respect to the provisions of Chapter 91A-45, it shall be unlawful for any transportation company, agency, firm, or person to refuse to permit the examination of its books, records, and other documents by the Commissioner as provided by law. (b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9939. Sales and use tax; failure of dealer to keep records. (a) It shall be unlawful for any dealer subject to the provisions of Chapter 91A-45 to fail to keep records or to open the records to inspection as required pursuant to law. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9940. Sales and use tax; dealer failing to furnish return. (a) It shall be unlawful for any dealer subject to the provisions of Chapter 91A-45 to fail or refuse to furnish any return required by Chapter 91A-45 to be made or fail or refuse to furnish a supplemental return or other data required by the Commissioner. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9941. Sales and use tax; false or fraudulent return by dealer. (a) It shall be unlawful for any dealer required by Chapter 91A-45 to make, render, sign, or verify any return to make a false or fraudulent return with intent to evade the tax levied by Chapter 91A-45. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined not less than $100, nor more than $300, or be imprisoned in the county jail not less than 30 days nor more than three months, or shall be punished by both fine and imprisonment in the discretion of the court.

"GA1978.1.764">

91A-9942. Sales and use tax; engaging in business as seller without certificate of registration. (a) It shall be unlawful for any person to engage in business as a seller in this State without a certificate of registration, as required by Section 91A-4532, after a certificate of registration has been suspended or revoked. (b) Each officer of a corporation which engages in business in violation of the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9943. Sales and use tax; penalty where no specific provision is made. (a) It shall be unlawful for any dealer to violate any other provision of Chapter 91A-45 punishment for which is not otherwise provided. (b) Any person violating a provision of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. 91A-9944. Violations of law providing for refund of tax on gasoline used for agriculture purposes. (a) It shall be unlawful for any person to falsely swear to a refund application, information statement, or any sworn statement made in connection with the procurement of refund of gasoline tax, under Section 91A-5003 (i), knowing that any statement contained in the statement or application is false or for any person to claim refund for tax paid on gasoline used for the purpose of generating power for propulsion of motor vehicles on the public highways. (b) Any person violating the provisions of this Section shall be subject to the penalties provided in Section 91A-9921. Section 3. Specific repealer. (a) The following provisions of the Code of Georgia of 1933, as amended, are hereby repealed in their entirety: (1) Title 92, as amended, relating to revenue. (2) Section 32-1106, as amended, relating to collection of school taxes.

"GA1978.1.765">

(3) Section 32-1127, relating to the power of counties to levy and collect taxes for educational purposes. (4) Sections 32-1116, 32-1117, and 32-1118, relating to taxation of corporate property. (5) Sections 40-1501, 40-1502, 40-1503, 40-1504, 40-1505(4), 40-1505(5), 40-1505(6), 40-1505(9), 40-1507, 40-1508, 40-1509, 40-1510(2), 40-1510(3), 40-1510(4), 40-1510(5), 40-1510(6), 40-1510(7), 40-1510(8), 40-1510(9), 40-1511, and 40-1512, relating to authority and duties of Comptroller General. (6) Section 59-305, relating to taxation for compensation of grand and petit jurors. (7) Section 59-306, relating to duties of grand jury in regard to correction of mistakes in tax digests. (8) Sections 89-827, 89-828, 89-829, 89-830, 89-831, and 89-834, relating to accountings of tax collectors and effect of failure to account. (b) The following laws, as amended, are hereby repealed in their entirety: (1) An Act prohibiting imposition of export tax on certain manufactured items, approved March 9, 1960 (Ga. Laws 1960, p. 806). (2) An Act entitled An Act to classify property for taxation, approved December 27, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 156), as amended, particularly by an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 170), an Act approved March 18, 1941 (Ga. Laws 1941, p. 223), an Act approved March 17, 1943 (Ga. Laws 1943, p. 105), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1050), an Act approved February 7, 1950 (Ga. Laws 1950, p. 74), an Act approved March 3, 1953 (Ga. Laws 1953, p. 453), an Act approved March 18, 1964 (Ga. Laws 1964, p. 715), an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 405). (3) An Act fixing the taxable situs of all intangible trust property, approved March 24, 1939 (Ga. Laws 1939, p. 100).

"GA1978.1.766">

(4) An Act entitled the Intangible Property Tax Act, approved December 22, 1953 (Ga. Laws 1953, Nov. Sess., p. 379), as amended by an Act approved March 1, 1955 (Ga. Laws 1955, p. 288), an Act approved March 9, 1956 (Ga. Laws 1956, p. 720), an Act approved April 3, 1973 (Ga. Laws 1973, p. 271), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 635). (5) An Act relating to the taxing of national banks and banking associations, federal savings and loan associations, and building and loan associations and creating an Intangible Tax Equalization Fund, approved April 17, 1973 (Ga. Laws 1973, p. 924). (6) An Act providing that the intangible tax imposed upon long-term notes secured by real estate by Part I, Section 4 of Ga. Laws 1953, Nov.-Dec. Sess., pp. 379-390 shall be remitted directly to tax collector or tax commissioner of the county where those taxes were collected, approved March 16, 1955 (Ga. Laws 1955, p. 730). (7) An Act providing that foreign merchandise shall acquire no situs in this State for purposes of property taxation, approved April 28, 1969 (Ga. Laws 1969, p. 980). (8) An Act to amend an Act entitled An Act to carry into effect Paragraph 2 of Section 2 of Article VII of the Constitution of this State, in reference to the exemption from taxation of certain property therein described, so as to construe certain terms used in that Act, approved March 20, 1943 (Ga. Laws 1943, p. 349). (9) An Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. Laws 1946, p. 12), as amended, particularly by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1183), an Act approved February 23, 1955 (Ga. Laws 1955, p. 262), an Act approved March 12, 1965 (Ga. Laws 1965, p. 182), an Act approved April 14, 1967 (Ga. Laws 1967, p. 629), an Act approved January 26, 1971 (Ga. Laws 1971, p. 3), an Act approved April 17, 1973 (Ga. Laws 1973, p. 934), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 639). (10) An Act relating to the exemption from ad valorem taxation of certain property of nonprofit hospitals, approved March 5, 1973 (Ga. Laws 1973, p. 19).

"GA1978.1.767">

(11) An Act relating to the exemption from ad valorem taxation of certain property of nonprofit homes for the aged, approved March 30, 1977 (Ga. Laws 1977, p. 1152). (12) An Act to specify the time for claiming homestead tax exemption and to provide for other matters relative to the exemption, approved March 9, 1945 (Ga. Laws 1945, p. 435). (13) An Act providing procedures for application for an exemption from ad valorem taxation of $4,000 on homesteads of persons meeting income requirements, approved April 3, 1972 (Ga. Laws 1972, p. 821). (14) An Act providing for an exemption of homesteads from ad valorem taxation in the amount of $2,000, approved December 16, 1937 (Ga. Laws 1937, Ex. Sess., p. 145), as amended, particularly by an Act approved March 24, 1939 (Ga. Laws 1939, p. 99), an Act approved March 20, 1943 (Ga. Laws 1943, p. 103), an Act approved March 9, 1945 (Ga. Laws 1945, p. 435), an Act approved February 15, 1952 (Ga. Laws 1952, p. 265), an Act approved February 15, 1952 (Ga. Laws 1952, p. 317), an Act approved February 8, 1955 (Ga. Laws 1955, p. 122), an Act approved March 26, 1964 (Ga. Laws 1964, p. 767), an Act approved April 25, 1975 (Ga. Laws 1975, p. 4558), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1314). (15) An Act purporting to amend Section 92-220 of the Annotated Code of Georgia of 1933 and Section 92-233, approved February 15, 1952 (Ga. Laws 1952, p. 317). (16) An Act purporting to amend Section 92-233 of the Annotated Supplement of the 1933 Code of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 265). (17) An Act purporting to amend Section 92-233 of the Annotated Code of Georgia of 1933, approved February 8, 1955 (Ga. Laws 1955, p. 122). (18) An Act purporting to amend Code Section 92-220 of the Code of Georgia of 1933, approved March 26, 1964 (Ga. Laws 1964, p. 767).

"GA1978.1.768">

(19) An Act relating to an ad valorem tax homestead exemption for certain disabled veterans, approved March 10, 1959 (Ga. Laws 1959, p. 170), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 280), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 813). (20) An Act relating to a $10,000 homestead exemption from ad valorem taxes for educational purposes for certain persons 62 years of age or over, approved March 12, 1974 (Ga. Laws 1974, p. 183). (21) An Act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, particularly by an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 175), an Act approved February 25, 1939 (Ga. Laws 1939, p. 96), an Act approved March 23, 1939 (Ga. Laws 1939, p. 97), an Act approved March 27, 1941 (Ga. Laws 1941, p. 204), an Act approved March 27, 1941 (Ga. Laws 1941, p. 209), an Act approved March 8, 1945 (Ga. Laws 1945, p. 267), an Act approved January 31, 1946 (Ga. Laws 1946, p. 15), an Act approved February 19, 1951 (Ga. Laws 1951, p. 157), an Act approved February 15, 1952 (Ga. Laws 1952, p. 371), an Act approved February 27, 1953 (Ga. Laws 1953, p. 295), an Act approved March 4, 1955 (Ga. Laws 1955, p. 450), an Act approved March 9, 1955 (Ga. Laws 1955, p. 636), an Act approved March 9, 1956 (Ga. Laws 1956, p. 648), an Act approved February 26, 1957 (Ga. Laws 1957, p. 107), an Act approved March 17, 1959 (Ga. Laws 1959, p. 327), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 665). (22) An Act relating to the authority of municipalities and counties to levy and collect license, occupational, or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 207), as amended by an Act approved April 16, 1969 (Ga. Laws 1969, p. 426), an Act approved March 20, 1970 (Ga. Laws 1970, p. 483), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 871). (23) An Act making unlawful the levy or collection of taxes on persons traveling in air commerce, approved April 13, 1973 (Ga. Laws 1973, p. 483).

"GA1978.1.769">

(24) An Act to insure the collection of taxes from nonresident contractors doing business in Georgia, approved April 5, 1961 (Ga. Laws 1961, p. 480), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 492). (25) An Act relating to the regulation and licensing of the operation of nonprofit bingo games and other matters relative thereto, approved March 30, 1977 (Ga. Laws 1977, p. 1164). (26) An Act authorizing county governing authorities to regulate and impose license fees upon itinerant shows and entertainment, approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 17). (27) An Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967 (Ga. Laws 1967, p. 788), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1102), an Act approved March 21, 1969 (Ga. Laws 1969, p. 109), an Act approved March 29, 1971 (Ga. Laws 1971, p. 266), an Act approved April 18, 1975 (Ga. Laws 1975, p. 782), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1059), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 680). (28) An Act imposing a tax upon motor carriers for the privilege of using the streets and highways of this State, approved March 21, 1968 (Ga. Laws 1968, p. 360), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 684), an Act approved March 23, 1972 (Ga. Laws 1972, p. 381), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 834). (29) An Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assessment, and manner of collecting ad valorem taxes due thereon, approved March 16, 1966 (Ga. Laws 1966, p. 517), as amended by an Act approved March 17, 1967 (Ga. Laws 1967, p. 91), an Act approved April 11, 1967 (Ga. Laws 1967, p. 459), an Act approved March 26, 1968 (Ga. Laws 1968, p. 380), and an Act approved March 25, 1975 (Ga. Laws 1975, p. 183). (30) An Act declaring dual control driver education motor vehicles to be public property and exempt from ad valorem taxation, approved April 14, 1967 (Ga. Laws 1967, p. 603).

"GA1978.1.770">

(31) An Act relating to the taxation of airline flight equipment, approved April 6, 1972 (Ga. Laws 1972, p. 1129). (32) An Act providing for the taxation of mobile homes and other matters relative thereto, approved April 7, 1976 (Ga. Laws 1976, p. 1529). (33) An Act providing for taxation of cigars and cigarettes and other matters relative thereto, approved February 28, 1955 (Ga. Laws 1955, p. 268), as amended, particularly by an Act approved June 24, 1955 (Ga. Laws 1955, Ex. Sess., p. 48), an Act approved March 25, 1958 (Ga. Laws 1958, p. 336), an Act approved February 17, 1960 (Ga. Laws 1960, p. 125), an Act approved January 30, 1964 (Ga. Laws 1964, p. 50), an Act approved April 14, 1967 (Ga. Laws 1967, p. 563), an Act approved April 14, 1967 (Ga. Laws 1967, p. 577), an Act approved April 25, 1969 (Ga. Laws 1969, p. 710), an Act approved March 3, 1971 (Ga. Laws 1971, p. 36), an Act approved April 1, 1971 (Ga. Laws 1971, p. 346), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 293). (34) An Act authorizing the Revenue Commissioner to permit licensed tobacco distributors to purchase tobacco stamps on account, approved March 4, 1970 (Ga. Laws 1970, p. 146). (35) An Act declaring that banks and similar institutions which are created under the laws of Georgia shall be taxed in the same manner as national banks located in Georgia, approved February 7, 1952 (Ga. Laws 1952, p. 46). (36) An Act providing for the ad valorem taxation of property owned by corporations organized under the laws of the United States and agencies engaged in proprietary activities in Georgia, approved March 8, 1939 (Ga. Laws 1939, p. 95). (37) An Act providing for a special occupation tax on certain corporations and agencies of the United States engaged in distributing electricity, whose property is exempt from ad valorem taxation, approved March 18, 1939 (Ga. Laws 1939, p. 103). (38) An Act relating to the apportionment of annual fees for the licensing of motor buses to common carriers of passengers for hire

"GA1978.1.771">

which operate a fleet of two or more vehicles interstate, approved March 15, 1957 (Ga. Laws 1957, p. 653). (39) An Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, particularly by an Act approved March 4, 1955 (Ga. Laws 1955, p. 447), an Act approved March 7, 1960 (Ga. Laws 1960, p. 248), an Act approved February 28, 1962 (Ga. Laws 1962, p. 450), an Act approved March 4, 1964 (Ga. Laws 1964, p. 242), an Act approved April 28, 1969 (Ga. Laws 1969, p. 981), an Act approved March 12, 1970 (Ga. Laws 1970, p. 281), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 595). (40) An Act dispensing with the requirement of verification of Georgia income tax returns, approved March 20, 1943 (Ga. Laws 1943, p. 109). (41) An Act known as the Current Income Tax Payment Act of 1960, approved January 28, 1960 (Ga. Laws 1960, p. 7), as amended, particularly by an Act approved February 23, 1961 (Ga. Laws 1961, p. 53), an Act approved February 18, 1963 (Ga. Laws 1963, p. 18), an Act approved March 11, 1964 (Ga. Laws 1964, p. 451), an Act approved April 18, 1967 (Ga. Laws 1967, p. 780), an Act approved February 26, 1970 (Ga. Laws 1970, p. 107), an Act approved February 23, 1972 (Ga. Laws 1972, p. 6), an Act approved April 7, 1972 (Ga. Laws 1972, p. 1195), an Act approved March 29, 1973 (Ga. Laws 1973, p. 227), and an Act approved March 25, 1975 (Ga. Laws 1975, p. 156). (42) An Act providing for personal liability for corporate officers or employees failing to collect or pay certain amounts to Revenue Commissioner, approved March 7, 1960 (Ga. Laws 1960, p. 210). (43) An Act authorizing counties and certain municipalities to levy a local income tax, approved March 21, 1974 (Ga. Laws 1974, p. 506). (44) An Act to provide for reciprocity between Georgia and other states with respect to transfer, death, estate, and inheritance taxes upon intangible personal property of nonresidents, approved April 5, 1965 (Ga. Laws 1965, p. 547).

"GA1978.1.772">

(45) An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 334), an Act approved February 24, 1953 (Ga. Laws 1953, p. 184), an Act approved February 24, 1953 (Ga. Laws 1953, p. 184), an Act approved February 25, 1953 (Ga. Laws 1953, p. 192), an Act approved February 25, 1953 (Ga. Laws 1953, p. 194), an Act approved February 25, 1953 (Ga. Laws 1953, p. 197), an Act approved February 25, 1953 (Ga. Laws 1953, p. 199), an Act approved February 25, 1953 (Ga. Laws 1953, p. 200), an Act approved February 28, 1953 (Ga. Laws 1953, p. 301), an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 369), an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 378), an Act approved March 3, 1955 (Ga. Laws 1955, p. 389), an Act approved March 1, 1960 (Ga. Laws 1960, p. 153), an Act approved March 17, 1960 (Ga. Laws 1960, p. 989), an Act approved March 7, 1960 (Ga. Laws 1960, p. 1007), an Act approved February 12, 1963 (Ga. Laws 1963, p. 13), an Act approved March 14, 1963 (Ga. Laws 1963, p. 132), an Act approved April 12, 1963 (Ga. Laws 1963, p. 613), an Act approved March 30, 1964 (Ga. Laws 1964, p. 57), an Act approved March 1, 1964 (Ga. Laws 1964, p. 206), an Act approved March 18, 1964 (Ga. Laws 1964, p. 672), an Act approved February 19, 1965 (Ga. Laws 1965, p. 13), an Act approved March 27, 1965 (Ga. Laws 1965, p. 321), an Act approved March 7, 1966 (Ga. Laws 1966, p. 211), an Act approved March 16, 1966 (Ga. Laws 1966, p. 505), an Act approved March 16, 1966 (Ga. Laws 1966, p. 507), an Act approved March 16, 1966 (Ga. Laws 1966, p. 537), an Act approved April 1, 1967 (Ga. Laws 1967, p. 282), an Act approved April 1, 1967 (Ga. Laws 1967, p. 283), an Act approved April 1, 1967 (Ga. Laws 1967, p. 284), an Act approved April 1, 1967 (Ga. Laws 1967, p. 286), an Act approved March 8, 1968 (Ga. Laws 1968, p. 129), an Act approved March 8, 1968 (Ga. Laws 1968, p. 136), an Act approved March 8, 1968 (Ga. Laws 1968, p. 201), an Act approved March 29, 1968 (Ga. Laws 1968, p. 486), an Act approved April 3, 1968 (Ga. Laws 1968, p. 545), an Act approved April 3, 1968 (Ga. Laws 1968, p. 559), an Act approved February 13, 1970 (Ga. Laws 1970, p. 16), an Act approved March 12, 1970 (Ga. Laws 1970, p. 252), an Act approved March 12, 1970 (Ga. Laws 1970, p. 254), an Act approved March 20, 1970 (Ga. Laws 1970, p. 460), an Act approved March 21, 1970 (Ga. Laws 1970, p. 595), an Act approved

"GA1978.1.773">

March 23, 1970 (Ga. Laws 1970, p. 631), an Act approved March 12, 1971 (Ga. Laws 1971, p. 80), an Act approved March 12, 1971 (Ga. Laws 1971, p. 85), an Act approved March 16, 1971 (Ga. Laws 1971, p. 95), an Act approved March 29, 1971 (Ga. Laws 1971, p. 265), an Act approved April 5, 1971 (Ga. Laws 1971, p. 474), an Act approved April 10, 1971 (Ga. Laws 1971, p. 653), an Act approved February 23, 1972 (Ga. Laws 1972, p. 8), an Act approved March 27, 1972 (Ga. Laws 1972, p. 457), an Act approved March 27, 1972 (Ga. Laws 1972, p. 504), an Act approved March 21, 1974 (Ga. Laws 1974, p. 407), an Act approved March 21, 1974 (Ga. Laws 1974, p. 409), an Act approved March 18, 1975 (Ga. Laws 1975, p. 101), an Act approved March 25, 1975 (Ga. Laws 1975, p. 162), an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1002), an Act approved June 30, 1975 (Ga. Laws 1975, Ex. Sess., p. 1729), an Act approved March 5, 1976 (Ga. Laws 1976, p. 341), an Act approved March 5, 1976 (Ga. Laws 1976, p. 411), an Act approved March 18, 1976 (Ga. Laws 1976, p. 469), an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), an Act approved March 31, 1976 (Ga. Laws 1976, p. 987), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), an Act approved March 23, 1977 (Ga. Laws 1977, p. 590), an Act approved March 23, 1977 (Ga. Laws 1977, p. 744), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008). (46) An Act authorizing county governing authorities to levy a tax to pay agricultural and home demonstration agents, approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 144). (47) An Act authorizing counties to levy a tax for public health and sanitation purposes, approved April 3, 1972 (Ga. Laws 1972, p. 922). (48) An Act providing that a taxpayer who has a piece of property which extends into more than one county may pay all property taxes due on that property to the tax collector in the county where the majority of the property is located, approved March 27, 1972 (Ga. Laws 1972, p. 398). (49) An Act providing for the granting of funds to those counties in which more than 20,000 acres of State-owned land is located from which those counties receive no taxes, approved March 15, 1963 (Ga. Laws 1963, p. 166).

"GA1978.1.774">

(50) An Act providing for redistribution of payments made to the State by the Tennessee Valley Authority in lieu of taxes, approved April 3, 1972 (Ga. Laws 1972, p. 923). (51) An Act to authorize municipalities to levy and collect a tax for a teacher retirement system, approved January 31, 1946 (Ga. Laws 1946, p. 24). (52) An Act to exempt certain agricultural products from taxation by municipalities, approved March 13, 1957 (Ga. Laws 1957, p. 607). (53) An Act relating to the support of existing independent school systems by certain municipal corporations and authorizing ad valorem taxation therefore, approved March 6, 1962 (Ga. Laws 1962, p. 629). (54) An Act authorizing municipal corporations to tax for financial assistance to municipal development authorities, approved March 30, 1977 (Ga. Laws 1977, p. 1034). (55) An Act authorizing counties and municipalities to establish reserve funds, approved March 9, 1945 (Ga. Laws 1945, p. 393). (56) An Act relating to the commissions and fees allowed tax receivers and tax collectors, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, particularly by an Act approved March 24, 1939 (Ga. Laws 1939, p. 370), an Act approved February 21, 1951 (Ga. Laws 1951, p. 815), an Act approved February 11, 1955 (Ga. Laws 1955, p. 176), and an Act approved April 8, 1965 (Ga. Laws 1965, p. 626). (57) An Act to provide a minimum salary schedule for tax collectors and tax commissioners who are on a salary system, approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 187). (58) An Act relating to service by mail of notices of assessment of tax or license fees, approved April 5, 1961 (Ga. Laws 1961, p. 435).

"GA1978.1.775">

(59) An Act authorizing the State Revenue Commissioner to waive penalties under the revenue laws in certain instances, approved March 17, 1960 (Ga. Laws 1960, p. 990). (60) An Act relating to the payment of taxes and other amounts to agents and employees of the Revenue Department, approved March 7, 1960 (Ga. Laws 1960, p. 211). (61) 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. Laws 1974, p. 972), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 622). (62) An Act providing that payment of certain ad valorem taxes shall be a condition precedent to superior court jurisdiction in property tax litigation, approved March 31, 1976 (Ga. Laws 1976, p. 1154). (63) An Act relating to the appointment of the Secretary of State as agent for service of process in connection with tax liabilities of certain nonresidents doing business in Georgia, approved March 15, 1957 (Ga. Laws 1957, p. 654). (64) An Act to establish a capital fund to aid counties in defraying the cost of property valuation and equalization purposes, approved February 28, 1962 (Ga. Laws 1962, p. 447). (65) An Act authorizing State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes, approved April 9, 1963 (Ga. Laws 1963, p. 419), as amended by an Act approved April 11, 1967 (Ga. Laws 1967, p. 467). (66) An Act to comprehensively and exhaustively revise, supersede, and modernize procedure for a review of assessments made by county boards of tax assessors and to provide for county boards of equalization, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 709), an Act approved February 27, 1976 (Ga. Laws 1976, p. 276), an Act approved April 9, 1976 (Ga. Laws 1976, p. 1744), an Act approved March 11, 1977 (Ga. Laws 1977, p. 302),

"GA1978.1.776">

an Act approved March 23, 1977 (Ga. Laws 1977, p. 588), an Act approved March 23, 1977 (Ga. Laws 1977, p. 903), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 1009). (67) An Act providing that the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine that the valuation of the various classes of property are reasonably uniform between the counties, approved February 18, 1966 (Ga. Laws 1966, p. 45), as amended by an Act approved February 25, 1970 (Ga. Laws 1970, p. 91), an Act approved March 23, 1970 (Ga. Laws 1970, p. 642), and an Act approved March 9, 1972 (Ga. Laws 1972, p. 174). (68) An Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county and for the State as a whole, approved March 20, 1970 (Ga. Laws 1970, p. 542), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 829). (69) 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. Laws 1972, p. 1104), as amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 446), an Act approved April 9, 1976 (Ga. Laws 1976, p. 1744), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 302). (70) An Act providing a method of reducing unsatisfied executions for State taxes to judgments of the superior courts and other matters relative thereto, approved March 15, 1957 (Ga. Laws 1957, p. 619). (71) An Act repealing Sections 92-4402 and 92-8301 of the Code of Georgia of 1933 and extending, fixing, and prescribing a right to redeem property sold under an execution issued for the collection of certain taxes, approved March 31, 1937 (Ga. Laws 1937, p. 491), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1132). (72) An Act preventing the office of Commissioner of Revenue from being used for political purposes, approved January 31, 1949 (Ga. Laws 1949, p. 22), as amended by an Act approved January 30, 1959 (Ga. Laws 1959, p. 4).

"GA1978.1.777">

(73) An Act defining certain articles as contraband, approved March 14, 1956 (Ga. Laws 1956, p. 786). (74) An Act authorizing the Revenue Commissioner to establish units or divisions within the Department of Revenue, approved March 17, 1960 (Ga. Laws 1960, p. 944). (75) An Act authorizing the Revenue Commissioner and other tax officials to furnish to other jurisdictions, under certain conditions, information relating to tax returns, approved April 14, 1967 (Ga. Laws 1967, p. 537). (76) An Act authorizing the Revenue Commissioner to contract with any county or municipality for collection by the Revenue Commissioner of any tax levied by the county or municipality which is also levied or collected by the State, approved April 25, 1969 (Ga. Laws 1969, p. 743). (77) An Act providing that the pendency of appeals or arbitrations from assessments of property by county tax assessors shall not prevent the Revenue Commissioner from approving the digest of such county, approved March 30, 1971 (Ga. Laws 1971, p. 301), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 824). (78) An Act relating to the Department of Revenue and the administration of the tax laws, approved January 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 77), as amended, particularly by an Act approved February 17, 1943 (Ga. Laws 1943, p. 204), an Act approved March 3, 1945 (Ga. Laws 1945, p. 160), an Act approved March 8, 1945 (Ga. Laws 1945, p. 272), an Act approved February 21, 1951 (Ga. Laws 1951, p. 616), an Act approved February 15, 1952 (Ga. Laws 1952, p. 300), an Act approved February 24, 1953 (Ga. Laws 1953, p. 185), an Act approved March 4, 1955 (Ga. Laws 1955, p. 455), an Act approved March 9, 1955 (Ga. Laws 1955, p. 656), an Act approved March 24, 1960 (Ga. Laws 1960, p. 1185), an Act approved February 27, 1962 (Ga. Laws 1962, p. 123), an Act approved March 14, 1963 (Ga. Laws 1963, p. 133), an Act approved April 18, 1967 (Ga. Laws 1967, p. 764), an Act approved March 7, 1968 (Ga. Laws 1968, p. 118), an Act approved April 30, 1969 (Ga. Laws 1969, p. 1137), an Act approved February 26, 1970 (Ga. Laws 1970, p. 108), an Act approved

"GA1978.1.778">

March 13, 1970 (Ga. Laws 1970, p. 298), an Act approved April 1, 1971 (Ga. Laws 1971, p. 378), an Act approved April 6, 1972 (Ga. Laws 1972, p. 1120), an Act approved April 13, 1973 (Ga. Laws 1973, p. 507), an Act approved March 25, 1975 (Ga. Laws 1975, p. 156), an Act approved April 14, 1975 (Ga. Laws 1975, p. 423), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 1722). (79) An Act making it unlawful to impersonate agents of the Revenue Department, approved April 5, 1961 (Ga. Laws 1961, p. 452). (c) The following laws are hereby repealed in their entirety: (1) An Act authorizing fiscal authorities in certain counties to adopt rules for payment of taxes in installments, approved July 26, 1922 (Ga. Laws 1922, p. 182). (2) An Act providing for interest at certain rates on unpaid ad valorem taxes in certain counties and cities within those counties, approved April 25, 1975 (Ga. Laws 1975, p. 4646). (3) An Act providing that the Revenue Commissioner shall furnish certain information from State tax returns to municipal officials upon request, approved April 30, 1969 (Ga. Laws 1969, p. 1137). (4) Section 870 of the Code of Georgia of 1910, relating to repairing of pavement in certain municipalities. (5) An Act authorizing the governing authority of certain counties and municipalities therein to provide for payment of ad valorem taxes in installments, approved March 28, 1974 (Ga. Laws 1974, p. 3515). (6) An Act amending Code Section 92-7601 so as to exempt certain municipalities from the application of that Section, approved February 16, 1950 (Ga. Laws 1950, p. 237). (7) An Act amending Code Chapter 92-40, relating to uniform determination of fair market value for county and municipal ad valorem taxation purposes, approved March 28, 1974 (Ga. Laws 1974, p. 1206).

"GA1978.1.779">

(8) An Act amending Code Section 92-6202.1, relating to the automatic return of property for taxation in certain municipalities, approved April 18, 1975 (Ga. Laws 1975, p. 701). (9) An Act amending Section 870 of the Code of Georgia of 1910, relating to changing the charters of certain cities in regard to paving, approved August 19, 1919 (Ga. Laws 1919, p. 81). (10) An Act authorizing governing authorities in certain counties to provide for payment of taxes in installments, approved August 13, 1910 (Ga. Laws 1910, p. 30). (11) An Act authorizing tax collectors in certain counties to employ a clerk, approved August 16, 1912 (Ga. Laws 1912, p. 161). (12) An Act relating to the examination of tax returns in certain counties, approved August 22, 1925 (Ga. Laws 1925, p. 265). (13) An Act relating to the exercise by tax collectors in certain counties of the powers of sheriffs in regard to levy and collection of tax fi. fas., approved August 1, 1929 (Ga. Laws 1929, p. 327), as amended by an Act approved March 2, 1933 (Ga. Laws 1933, p. 273). (14) An Act relating to the exercise by tax collectors in certain counties of the powers of sheriffs in regard to levy and collection of tax fi. fas., approved August 21, 1929 (Ga. Laws 1929, p. 329). (15) An Act vesting in tax collectors of certain counties the powers of sheriffs in regard to levy and collection of tax fi. fas., approved August 26, 1931 (Ga. Laws 1931, p. 249). (16) An Act relating to compensation of tax collectors and receivers in certain counties, approved February 26, 1962 (Ga. Laws 1962, p. 2238). (17) An Act relating to compensation of tax collectors and receivers in certain counties, approved April 4, 1963 (Ga. Laws 1963, p. 2928). (18) An Act relating to the appointment of members of the board of tax assessors in certain counties, approved February 14,

"GA1978.1.780">

1958 (Ga. Laws 1958, p. 2049), as amended by an Act approved March 7, 1961 (Ga. Laws 1961, p. 2355). (19) An Act relating to compensation of tax collectors in certain counties, approved February 12, 1960 (Ga. Laws 1960, p. 107). (20) An Act vesting in tax commissioners in certain counties the powers of sheriffs in regard to the levy and collection of tax fi. fas., approved March 20, 1970 (Ga. Laws 1970, p. 2949). (21) An Act relating to compensation of certain officials in certain counties, approved February 17, 1933 (Ga. Laws 1933, p. 244), as amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1644). (22) An Act relating to compensation of certain officials in certain counties, approved March 30, 1937 (Ga. Laws 1937, p. 619), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2541). (23) An Act relating to compensation of tax officials in certain counties, approved March 11, 1941 (Ga. Laws 1941, p. 522). (24) An Act relating to the opening of the tax receiver's books in certain counties, approved August 27, 1931 (Ga. Laws 1931, p. 258). (25) An Act relating to terms of members of board of tax assessors, approved April 5, 1961 (Ga. Laws 1961, p. 2990). (26) An Act relating to tax assessors in certain counties, approved August 27, 1931 (Ga. Laws 1931, p. 246). (27) An Act relating to examination of tax returns by tax assessors in certain counties, approved August 7, 1920 (Ga. Laws 1920, p. 17), as amended by an Act approved August 24, 1931 (Ga. Laws 1931, p. 244). (28) An Act relating to tax assessors in certain counties, approved March 10, 1933 (Ga. Laws 1933, p. 269).

"GA1978.1.781">

(29) An Act placing certain officials on the salary system in lieu of fees in certain counties, approved March 16, 1937 (Ga. Laws 1937, p. 616). (30) An Act providing that tax commissioners in certain counties shall have the power and authority to levy and collect tax fi. fas., approved March 24, 1965 (Ga. Laws 1965, p. 2514), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3020). (31) An Act relating to the compensation of certain officials in certain counties, approved March 9, 1933 (Ga. Laws 1933, p. 247). (32) An Act relating to the payment of taxes in installments in certain counties and municipalities therein, approved February 26, 1974 (Ga. Laws 1974, p. 2060). (33) An Act amending Code Section 92-233, relating to the meaning of the term homestead in certain counties, approved April 8, 1977 (Ga. Laws 1977, p. 1314). (34) An Act relating to exemption from ad valorem taxation for educational purposes of certain property in certain counties, passed by an override of the Governor's veto on January 23, 1974 (Ga. Laws 1974, p. 2011). (35) An Act relating to exemption from ad valorem taxation for educational purposes of certain property in certain counties, passed by an override of the Governor's veto on January 23, 1974 (Ga. Laws 1974, p. 2013). (36) An Act relating to exemption from ad valorem taxation for educational purposes of certain property in certain counties, passed by an override of the Governor's veto on January 23, 1974 (Ga. Laws 1974, p. 2013). (37) An Act relating to the payment of office expenses for certain officials in certain counties, approved July 27, 1929 (Ga. Laws 1929, p. 302). (38) An Act amending Code Chapter 92-62, relating to tax returns in certain counties, approved April 25, 1969 (Ga. Laws 1969, p. 738).

"GA1978.1.782">

(39) An Act permitting certain counties to control road houses and other businesses, approved February 12, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 353). (40) An Act amending Code Section 92-4105, relating to the taxation of certain merchants or dealers, approved March 6, 1962 (Ga. Laws 1962, p. 596). (41) An Act making tax commissioners in certain counties ex officio sheriffs for the collection of taxes, approved April 5, 1971 (Ga. Laws 1971, p. 3077). (42) Code Section 1225 of the Code of Georgia of 1910, as amended by an Act approved August 14, 1915 (Ga. Laws 1915, p. 11), an Act approved August 18, 1927 (Ga. Laws 1927, p. 137), an Act approved August 18, 1927 (Ga. Laws 1927, p. 139), an Act approved July 31, 1929 (Ga. Laws 1929, p. 158), an Act approved August 7, 1929 (Ga. Laws 1929, p. 157), and an Act approved August 27, 1931 (Ga. Laws 1931, p. 248). (43) An Act changing certain officials in certain counties from the fee system to the salary system, approved August 13, 1924 (Ga. Laws 1924, p. 90), as amended by an Act approved August 17, 1925 (Ga. Laws 1925, p. 161), an Act approved August 18, 1927 (Ga. Laws 1927, p. 207), an Act approved August 23, 1931 (Ga. Laws 1931, p. 220), and an Act approved February 17, 1933 (Ga. Laws 1933, p. 244). (44) An Act providing for the compensation of the tax commissioner in certain counties, approved April 24, 1975 (Ga. Laws 1975, p. 4554). (45) An Act providing for alternative times for making tax returns in certain counties, approved April 4, 1967 (Ga. Laws 1967, p. 2435), as amended by an Act approved March 31, 1974 (Ga. Laws 1974, p. 2635). (46) An Act amending Code Section 92-6402, relating to the payment of taxes in certain counties, approved March 2, 1966 (Ga. Laws 1966, p. 128).

"GA1978.1.783">

(47) An Act amending an Act relating to assessment procedures, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as amended, providing for additional alternate members of boards of equalization in certain counties, approved July 3, 1975 (Ga. Laws 1975, p. 1732). (48) An Act fixing the compensation of tax assessors in certain counties, approved August 17, 1918 (Ga. Laws 1918, p. 231). (49) An Act authorizing certain counties to tax pinball machines, approved March 17, 1958 (Ga. Laws 1958, p. 121). (50) An Act vesting authority in tax collectors in certain counties to appoint deputies to have the powers of sheriffs in regard to tax fi. fas., approved March 18, 1937 (Ga. Laws 1937, p. 792). (51) An Act relating to changing certain officials in certain counties from the fee system to the salary system, approved August 17, 1925 (Ga. Laws 1925, p. 154). (52) An Act relating to the disposition of commissions collected by tax collectors or commissioners who are on salaries in certain counties, approved March 25, 1964 (Ga. Laws 1964, p. 733). (53) An Act relating to changing certain officials from the fee system to the salary system in certain counties and other matters, approved February 14, 1950 (Ga. Laws 1950, p. 2389), as amended by an Act approved March 9, 1955 (Ga. Laws 1955, p. 3372). (54) An Act amending Code Section 92-6208, relating to the return of personal property in certain counties, approved April 21, 1967 (Ga. Laws 1967, p. 886). (55) An Act relating to the closing of books for return of taxes and the bearing of interest on unpaid taxes in certain counties, approved April 7, 1972 (Ga. Laws 1972, p. 3921). (56) An Act amending Code Section 92-6913, relating to penalties for unreturned property in certain counties, approved April 21, 1967 (Ga. Laws 1967, p. 885). (57) An Act authorizing tax collectors and commissioners in certain counties to remit all education funds to the boards of education

"GA1978.1.784">

except for a certain percentage, approved April 1, 1971 (Ga. Laws 1971, p. 2897). (58) An Act relating to a commission for tax collectors in certain counties for collecting ad valorem school tax, approved January 31, 1946 (Ga. Laws 1946, p. 170). (59) An Act relating to a commission to be paid the tax receivers in certain counties from ad valorem school tax, approved February 8, 1951 (Ga. Laws 1951, p. 69), as amended by an Act approved March 10, 1959 (Ga. Laws 1959, p. 2664), an Act approved March 7, 1961 (Ga. Laws 1961, p. 2354), an Act approved April 5, 1961 (Ga. Laws 1961, p. 2991), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3066). (60) An Act relating to the listing by the tax receivers, in certain counties, of the names of taxpayers, approved March 3, 1945 (Ga. Laws 1945, p. 163). (61) An Act amending Code Section 92-6206, relating to tax returns, approved March 24, 1965 (Ga. Laws 1965, p. 258). (62) An Act amending Code Section 92-6208, relating to tax returns, approved March 24, 1965 (Ga. Laws 1965, p. 274). (63) An Act amending Code Section 92-6402, relating to due date for payment of taxes and penalties for delinquent payments in certain counties, approved March 31, 1965 (Ga. Laws 1965, p. 435). (64) An Act amending Code Section 92-6913, relating to penalties for unreturned property in certain counties, approved March 24, 1965 (Ga. Laws 1965, p. 236). (65) An Act vesting in tax commissioners in certain counties the powers and duties of sheriffs in regard to levy and collection of tax fi. fas., approved March 8, 1957 (Ga. Laws 1957, p. 2814). (66) An Act amending Code Section 92-6201, relating to the time to make tax returns in certain counties, approved March 31, 1976 (Ga. Laws 1976, p. 1155).

"GA1978.1.785">

(67) An Act providing for the closing of books for the return of taxes in certain counties, approved March 31, 1976 (Ga. Laws 1976, p. 4021). (68) An Act relating to the compensation of certain officials in certain counties, approved March 11, 1943 (Ga. Laws 1943, p. 433), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1781), and an Act approved February 19, 1953 (Ga. Laws 1953, p. 2422). (69) An Act vesting in tax commissioners in certain counties the powers and duties of sheriffs in regard to the levy and collection of tax fi. fas., approved April 24, 1969 (Ga. Laws 1969, p. 3406). (70) An Act relating to compensation of the tax receiver in certain counties, approved March 4, 1955 (Ga. Laws 1955, p. 2639), as amended by an Act approved February 13, 1956 (Ga. Laws 1956, p. 2373). (71) An Act amending the Intangible Property Tax Act of 1953, so as to provide for a four percent (4%) commission as compensation for the tax collector or commissioner in certain counties, approved March 1, 1955 (Ga. Laws 1955, p. 288). (72) An Act amending Code Section 92-220, relating to application for homestead exemptions in certain counties, approved March 26, 1964 (Ga. Laws 1964, p. 767). (73) An Act relating to the time for application for homestead exemption in certain counties, approved March 9, 1945 (Ga. Laws 1945, p. 435). (74) An Act amending Code Section 92-3701, relating to a limit on the amount of reserves for public improvements and depreciation of existing public buildings in certain counties, approved March 3, 1962 (Ga. Laws 1962, p. 495). (75) An Act abolishing the Board of County Registrars in certain counties and transferring the duties of said board to the tax collector or commissioner in those counties, approved March 27, 1941 (Ga. Laws 1941, p. 413).

"GA1978.1.786">

(76) An Act providing that receipt need not be given for payment of taxes in certain circumstances in certain counties, approved March 31, 1976 (Ga. Laws 1976, p. 3605). (77) An Act amending Code Section 92-5001, relating to the minimum interest payment for unpaid taxes in certain counties, approved March 7, 1966 (Ga. Laws 1966, p. 253). (78) An Act changing certain officials in certain counties from the fee system to the salary system, approved August 13, 1924 (Ga. Laws 1924, p. 87), as amended by an Act approved August 27, 1925 (Ga. Laws 1925, p. 159), an Act approved February 25, 1937 (Ga. Laws 1937, p. 620), and an Act approved January 31, 1946 (Ga. Laws 1946, p. 167). (79) An Act relating to the fixing of salaries of certain officials in certain counties, approved February 12, 1951 (Ga. Laws 1951, p. 92). (80) An Act relating to commissions for the collection of school taxes in certain counties, approved February 23, 1956 (Ga. Laws 1956, p. 2565), as amended by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2175), and an Act approved April 1, 1971 (Ga. Laws 1971, p. 2891). (81) An Act authorizing the governing authority of certain counties to pay salaries to certain officials in certain counties, approved January 31, 1946 (Ga. Laws 1946, p. 166). (82) An Act relating to the compensation of certain elected officials in certain counties, approved March 3, 1964 (Ga. Laws 1964, p. 2309). (83) An Act relating to a tax collection study commission in certain counties, approved March 6, 1962 (Ga. Laws 1962, p. 3168), as amended by an Act approved February 27, 1976 (Ga. Laws 1976, p. 2725). (84) An Act amending Code Section 92-6201, relating to the elimination of a penalty for failure to file timely tax returns on motor vehicles in certain counties, approved February 26, 1970 (Ga. Laws 1970, p. 110).

"GA1978.1.787">

(85) An Act relating to the execution of tax returns by the taxpayer in certain counties, approved April 5, 1961 (Ga. Laws 1961, p. 2911). (86) An Act amending Code Section 92-6402, relating to the payment of taxes in installments in certain counties, approved March 10, 1964 (Ga. Laws 1964, p. 328), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 105), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 1085). (87) An Act relating to the powers and duties of county boards of tax assessors in certain counties, approved February 23, 1935 (Ga. Laws 1935, p. 472). (88) An Act providing that no ad valorem taxes shall be considered delinquent when they are the subject of review procedures, approved March 21, 1974 (Ga. Laws 1974, p. 2489). (89) An Act amending Code Section 92-6913, relating to penalties for unreturned property in certain counties, approved March 21, 1958 (Ga. Laws 1958, p. 3018). (90) An Act amending Code Section 92-6913, relating to penalties for unreturned property in certain counties, approved March 11, 1964 (Ga. Laws 1964, p. 458). (91) An Act relating to fi. fas. for unpaid ad valorem tax, approved March 24, 1933 (Ga. Laws 1933, p. 279). (92) An Act relating to salaries for the tax commissioner and assistant clerk to the tax commissioner in certain counties, approved December 17, 1953 (Ga. Laws 1953, p. 2569). (93) An Act relating to the power and authority of tax commissioners in certain counties to levy and collect tax fi. fas., approved February 16, 1970 (Ga. Laws 1970, p. 2051). (94) An Act permitting the sheriff in certain counties to delegate to the tax commissioner or collector of those counties authority to levy and collect tax fi. fas., approved February 27, 1956 (Ga. Laws 1956, p. 2593).

"GA1978.1.788">

(95) An Act relating to regulation of the operation of dance halls and boxing, wrestling, or prizefighting arenas in the unincorporated areas of certain counties, approved March 20, 1935 (Ga. Laws 1935, p. 361). (96) An Act relating to the sale and transfer of ad valorem tax executions in certain counties, approved March 10, 1937 (Ga. Laws 1937, p. 795). (97) An Act relating to the closing of books for ad valorem tax returns in certain counties, approved April 7, 1972 (Ga. Laws 1972, p. 3921). (98) An Act authorizing governing authorities of certain counties to license auction houses, approved March 25, 1958 (Ga. Laws 1958, p. 3317). (99) An Act relieving the tax commissioner in certain counties from making the rounds required of tax commissioners and collectors, approved March 25, 1958 (Ga. Laws 1958, p. 3420). (100) An Act authorizing the tax commissioner in certain counties to appoint an assistant clerk, approved February 8, 1951 (Ga. Laws 1951, p. 77), as amended by an Act approved February 12, 1952 (Ga. Laws 1952, p. 2411). (101) An Act authorizing the governing authority in certain counties to levy and collect an excise tax on admission to certain places of entertainment, approved March 28, 1970 (Ga. Laws 1970, p. 3497). (102) An Act relating to the compensation of the tax receiver in certain counties, approved February 19, 1953 (Ga. Laws 1953, p. 2419). (103) An Act vesting in tax collectors the powers of sheriffs in regard to the levy and collection of tax fi. fas., approved August 27, 1931 (Ga. Laws 1931, p. 251). (104) An Act relating to compensation of the tax collector in certain counties, approved March 4, 1955 (Ga. Laws 1955, p. 2757), as amended by an Act approved April 5, 1961 (Ga. Laws

"GA1978.1.789">

1961, p. 3401), and an Act approved March 24, 1965 (Ga. Laws 1965, p. 2465). (105) An Act relating to commissions allowed the tax collector in certain counties, approved March 13, 1957 (Ga. Laws 1957, p. 3304), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 2865). (106) An Act vesting in tax collectors in certain counties the powers and duties of sheriffs in regard to the levy aned collection of tax fi. fas., approved March 17, 1933 (Ga. Laws 1933, p. 277). (107) An Act vesting in tax collectors of certain counties the powers of sheriffs in regard to the levy and collection of tax fi. fas., approved August 6, 1927 (Ga. Laws 1927, p. 335). (108) An Act amending Code Section 92-4611, relating to the duties of tax receivers in certain counties, approved March 25, 1958 (Ga. Laws 1958, p. 3192). (109) An Act amending Code Section 92-4901, relating to the duties of tax collectors in certain counties, approved March 25, 1958 (Ga. Laws 1958, p. 3081). (110) An Act relating to compensation of the tax receiver in certain counties, approved February 19, 1951 (Ga. Laws 1951, p. 214), as amended by an Act approved February 12, 1952 (Ga. Laws 1952, p. 2364). (111) An Act amending Code Section 92-6201, relating to the time for making tax returns in certain counties, approved April 17, 1975 (Ga. Laws 1975, p. 526). (112) An Act relating to compensation of the tax collector or tax commissioner in certain counties, approved April 5, 1961 (Ga. Laws 1961, p. 442). (113) An Act amending Code Section 92-4801, relating to requirement that tax collectors and tax commissioners in certain counties be required to give surety on their bond, approved March 27, 1941 (Ga. Laws 1941, p. 375).

"GA1978.1.790">

(114) An Act relating to the authority of certain counties to levy a tax for the support of prisoners, approved July 19, 1927 (Ga. Laws 1927, p. 339). (115) An Act amending Code Section 92-6402, relating to penalties and interest on unpaid taxes in certain counties, approved April 8, 1968 (Ga. Laws 1968, p. 1067), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 675). (116) An Act authorizing the board of tax assessors in certain counties to employ a clerk and other assistants, approved February 11, 1953 (Ga. Laws 1953, p. 2240). (117) An Act relating to terms of office of members of the board of tax assessors in certain counties, approved April 10, 1971 (Ga. Laws 1971, p. 3558). (118) An Act vesting in the tax commissioners of certain counties the powers and duties of sheriffs in regard to the levy and collection of tax fi. fas., approved March 10, 1964 (Ga. Laws 1964, p. 2731). (119) An Act relating to compensation of tax commissioners in certain counties, approved March 10, 1964 (Ga. Laws 1964, p. 2691). (120) An Act relating to the payment of the bond premium of tax collectors and receivers in certain counties, approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 889). (121) An Act relating to the terms of members of the board of tax assessors in certain counties, approved March 17, 1958 (Ga. Laws 1958, p. 2572). (122) An Act vesting in tax collectors in certain counties the powers of sheriffs in regard to the levy and collection of tax fi. fas., approved August 19, 1927 (Ga. Laws 1927, p. 337). (123) An Act relating to the designation of a fiscal year different from the calendar year in certain counties, approved February 15, 1952 (Ga. Laws 1952, p. 2652).

"GA1978.1.791">

(124) An Act relating to the collection and remittance of county school taxes by the tax commissioners or collectors in certain counties, approved March 21, 1970 (Ga. Laws 1970, p. 3350), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2256). (125) An Act fixing compensation of certain officials in certain counties, approved April 5, 1971 (Ga. Laws 1971, p. 3103). (126) An Act relating to changing certain officials in certain counties from the fee system to the salary system and other matters, approved March 11, 1953 (Ga. Laws 1953, p. 3213), as amended by an Act approved February 24, 1955 (Ga. Laws 1955, p. 2471), and an Act approved March 4, 1955 (Ga. Laws 1955, p. 2779). (127) An Act relating to compensation of certain officers in certain counties, approved March 28, 1961 (Ga. Laws 1961, p. 2688), as amended, particularly by an Act approved April 12, 1963 (Ga. Laws 1963, p. 3516), an Act approved March 12, 1965 (Ga. Laws 1965, p. 2334), an Act approved March 7, 1966 (Ga. Laws 1966, p. 3301), an Act approved March 10, 1966 (Ga. Laws 1966, p. 3355), an Act approved April 11, 1967 (Ga. Laws 1967, p. 3032), an Act approved March 21, 1968 (Ga. Laws 1968, p. 2654), an Act approved April 28, 1969 (Ga. Laws 1969, p. 3901), an Act approved March 21, 1970 (Ga. Laws 1970, p. 3351), an Act approved April 5, 1971 (Ga. Laws 1971, p. 3140), an Act approved April 3, 1972 (Ga. Laws 1972, p. 3671), an Act approved April 17, 1973 (Ga. Laws 1973, p. 2774), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2655), an Act approved April 24, 1975 (Ga. Laws 1975, p. 4555), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3966). (128) An Act relating to compensation of certain officials and employment of additional personnel, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446). (129) An Act relating to compensation of certain officials in certain counties, approved March 7, 1957 (Ga. Laws 1957, p. 2618). (130) An Act relating to compensation of certain officials in certain counties, approved February 26, 1935 (Ga. Laws 1935, p.

"GA1978.1.792">

353), as amended by an Act approved March 22, 1937 (Ga. Laws 1937, p. 614), an Act approved March 25, 1941 (Ga. Laws 1941, p. 398), and an Act approved March 18, 1943 (Ga. Laws 1943, p. 454). (131) An Act relating to the compensation of certain officials in certain counties, approved March 6, 1945 (Ga. Laws 1945, p. 953), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1318). (132) An Act fixing the compensation of certain officials in certain counties, approved April 28, 1969 (Ga. Laws 1969, p. 3899), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2258). (133) An Act relating to the collecting and remitting to the county board of education of all county school taxes in certain counties, approved March 21, 1970 (Ga. Laws 1970, p. 3350), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2256). (134) An Act relating to the compensation of certain officials in certain counties, approved February 21, 1951 (Ga. Laws 1951, p. 795). (135) An Act fixing the compensation of certain officials in certain counties, approved April 17, 1973 (Ga. Laws 1973, p. 2801). (136) An Act fixing the compensation of the tax commissioner in certain counties, approved March 21, 1974 (Ga. Laws 1974, p. 2481). (137) An Act relating to disposition of certain commissions collected by the tax commissioner or collector in certain counties, approved February 19, 1951 (Ga. Laws 1951, p. 212). (138) An Act fixing the compensation of deputies of the tax commissioner in certain counties, approved April 15, 1975 (Ga. Laws 1975, p. 2912). (139) An Act relating to compensation of the tax commissioner in certain counties, approved March 6, 1962 (Ga. Laws 1962, p. 3081).

"GA1978.1.793">

(140) An Act relating to the compensation of the tax commissioner and other matters in certain counties, approved March 17, 1958 (Ga. Laws 1958, p. 2327), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 2541). (141) Section 1225 of the Code of 1910, relating to making tax collectors in certain counties ex officio sheriffs for levy and collection of tax fi. fas., as amended by an Act approved February 22, 1933 (Ga. Laws 1933, p. 49). (142) An Act vesting in tax collectors in certain counties the powers of sheriffs relative to the levy and collection of tax fi. fas., approved July 27, 1929 (Ga. Laws 1929, p. 326). (143) An Act changing certain officials in certain counties from the fee system to the salary system, approved March 24, 1933 (Ga. Laws 1933, p. 251). (144) An Act making tax commissioners in certain counties ex officio sheriffs for the levy and collection of tax fi. fas., approved July 31, 1929 (Ga. Laws 1929, p. 331). (145) An Act authorizing the governing authority in certain counties to levy and collect license and specific occupation taxes, approved January 30, 1946 (Ga. Laws 1946, p. 18). (146) An Act authorizing the tax commissioner in certain counties to levy and collect tax fi. fas., approved April 9, 1963 (Ga. Laws 1963, p. 3064). (147) An Act vesting in tax commissioners in certain counties the powers and duties of sheriffs relative to the endorsement of late motor vehicle tag applications and the levy and collection of tax fi. fas., approved March 20, 1970 (Ga. Laws 1970, p. 2939). (148) An Act relating to disposition of certain commissions paid to the tax commissioner or collector in certain counties, approved February 13, 1962 (Ga. Laws 1962, p. 61). (149) An Act relating to compensation of the tax commissioner in certain counties, approved March 20, 1943 (Ga. Laws 1943, p. 601).

"GA1978.1.794">

(150) An Act relating to the compensation of the tax commissioner or collector in certain counties, approved March 4, 1964 (Ga. Laws 1964, p. 208). (151) An Act relating to the terms of office for members of the county board of tax assessors in certain counties, approved March 18, 1964 (Ga. Laws 1964, p. 3009). (152) An Act relating to compensation of tax commissioners in certain counties, approved January 25, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 890), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 524). (153) An Act relating to the issuance of tax fi. fas. in certain counties, approved August 26, 1931 (Ga. Laws 1931, p. 255). (154) An Act relating to the compensation of the tax receiver in certain counties, approved March 25, 1947 (Ga. Laws 1947, p. 293). (155) An Act making the tax commissioner in certain counties ex officio sheriff for the purpose of levy and collection of tax fi. fas., approved August 26, 1931 (Ga. Laws 1931, p. 253). (156) An Act relating to compensation of the tax commissioner in certain counties, approved March 17, 1956 (Ga. Laws 1956, p. 3490), as amended by an Act approved March 15, 1961 (Ga. Laws 1961, p. 2420). (157) An Act relating to compensation of the tax commissioner in certain counties, approved April 13, 1973 (Ga. Laws 1973, p. 2624). Section 4. Certain laws not affected. The provisions of this Act shall not be construed to repeal or otherwise impair the provisions of Ga. Laws 1952, p. 2825, as amended; Ga. Laws 1953, Nov. Sess., p. 2813; or Ga. Laws 1974, p. 3607, all of which relate to the creation and operation of a Joint City-County Board of Tax Assessors in certain counties. If in any of the said Acts reference is made to provisions of Title 92 of the Code of Georgia, as amended, such provisions shall be construed as making reference to the appropriate provisions of Title 91A of the Code of Georgia, as created by this Act.

"GA1978.1.795">

Section 5. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. Application and effective date. This Act shall become effective January 1, 1980, and shall apply with respect to all tax years beginning on or after January 1, 1980. Section 7. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1978. GEORGIA SAFE DAMS ACT OF 1978. No. 796 (House Bill No. 914). AN ACT To provide for the inspection and permitting of dams; to provide a short title; to state the purpose of this Act; to define the term dam; to define certain other terms; to provide that no action for damages shall be brought against the State or any employee of the State by reason of any action taken or not taken by such employees pursuant to this Act; to provide that it shall be unlawful to own, construct, operate or remove a dam except in accordance with this Act and all rules, regulations, orders, and permits established pursuant thereto; to provide for the powers and duties of the Soil and Water Conservation Committee; to require a permit to operate or construct a dam; to provide a procedure to apply for and obtain such a permit; to require a permit to construct an artificial barrier

"GA1978.1.796">

as described in this Act after the effective date of this Act under certain conditions; to provide a procedure to apply for and obtain such a permit: to provide an exception to the permitting requirements for artificial barriers constructed in connection with surface mining; to authorize the establishment of conditions in permits issued pursuant to this Act; to require certain documents to accompany permit applications; to provide that certain conditions be met prior to the issuing of permits for the operation of dams in existence or being constructed as of the effective date of this Act; to authorize contracts to provide for inspection of dams; to provide for the revocation, suspension or modification of permits under certain conditions; to provide a procedure for dam removal; to authorize the issuance of administrative orders to owners of dams when such dams are in noncompliance with this Act or rules or regulations promulgated hereunder; to authorize emergency action by the State with regard to dams that are an immediate threat to life or property; to provide for rights of investigation, entry, access and inspection; to provide for administrative and judicial review; to provide for the powers and duties of the Board of Natural Resources; to provide for the powers and duties of the Director of the Environmental Protection Division; to provide that violation of this Act shall constitute a misdemeanor; to provide for civil penalties for violation of this Act or any permit or order issued hereunder; to provide a procedure for imposing such civil penalties; to provide for injunctive relief; to provide the Department of Transportation with contracting authority; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Georgia Safe Dams Act of 1978. Section 2. Declaration of purpose. It is the purpose of this Act to provide for the inspection and permitting of certain dams in order to protect the health, safety and welfare of all the citizens of the State by reducing the risk of failure of such dams to prevent death or injuries to persons. The General Assembly finds and declares that the inspection and permitting of certain dams is properly a matter for regulation under the police powers of the State.

"GA1978.1.797">

Section 3. Definitions. Unless the context clearly requires otherwise, the following terms, when used in this Act, shall have the following meanings: (a) Board means the Board of Natural Resources; (b) Committee means the State Soil and Water Conservation Committee; (c) Construct or construction means the building of any artificial barrier, together with appurtenant works, for the impoundment or diversion of water or liquid substances and shall include any activity which, other than routinely as part of an approved maintenance program, repairs or restores such artificial barrier, or alters its design, shape or structural characteristics, and shall also include any enlargement thereof; (d) Dam means the following: (1) Any artificial barrier, including appurtenant works, existing or being physically constructed as of the effective date of this Act, which impounds or diverts water, and which (1) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of fifty acre-feet or more, except that it shall not include: (A) any artificial barrier which is not in excess of six feet in height, regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of fifteen acre-feet, regardless of height; or (B) any artificial barrier constructed by the United States Army Corps of Engineers, the Tennessee Valley Authority, the United States Soil Conservation Service, or any other department or agency of the United States government, when such department or agency designed or approved plans and supervised construction and maintains a program of inspection; provided, however, this exemption

"GA1978.1.798">

shall cease when the supervising federal agency relinquishes authority for the operation or maintenance of such dam to a person; or (C) any artificial barrier licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; (D) any artificial barrier classified by the Committee as a Category II Dam as same is hereinafter defined in this Act. (2) Any artificial barrier, including appurtenant works, construction of which is commenced after the effective date of this Act, which impounds or diverts water and which is fifteen feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the normal water storage elevation and which has an impounding capacity at normal water storage elevation of fifty acre-feet or more except that it shall not include any artificial barrier as described in (1)(B) and (1)(C) above or any artificial barrier which is constructed for farm uses; provided, however, such exclusion shall not apply to any artificial barrier constructed for farm uses which is twenty feet or more in height as measured above and which has an impounding capacity at normal water storage elevation of fifty acre-feet or more. For purposes of this paragraph, 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 and which is not part of any residential, commercial or industrial development. (e) Department means the Department of Natural Resources; (f) Director means the Director of the Environmental Protection Division, Department of Natural Resources of the State of Georgia or his designee;

"GA1978.1.799">

(g) Division means the Division of Environmental Protection, Department of Natural Resources of the State of Georgia; (h) Enlargement means any change in or addition to an existing dam or impoundment, which change or addition raises or may raise the water/storage elevation of the water impounded by the dam or reservoir; (i) Impoundment means the water or liquid substance that is or will be stored by a dam and which may be commonly referred to as the reservoir; (j) Local unit of government means a city, county, or any legal consolidation thereof; (k) Operate or operation means the impoundment or diversion of water or liquid substance by a dam; (l) Person means any municipal corporation, county, or legal consolidation thereof, individual, partnership, corporation, public or private authority, and shall include the State of Georgia and all its departments, boards, bureaus, commissions, authorities, and any other agencies or instrumentalities. Section 4. Liability for damages. (a) Nothing herein shall be construed to constitute a waiver of the sovereign immunity of the State, or the Division; provided, further, no action shall be brought against the State, the Division, or any employee of the State or Division for damages sustained through the partial or total failure of any dam or its maintenance by reason of any supervision or other action taken or not taken pursuant to or under this Act. Further, nothing in this Act and no order, action or advice of the Director, the Division, or any representative thereof, shall be construed to relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam. (b) Nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Committee; provided, further, no action shall be brought against the State, the Committee, or any employee of this State or the Committee for damages sustained through the partial or total failure of any dam or other artificial barrier

"GA1978.1.800">

dealt with in this Act or its maintenance by reason of any supervision or other action taken or not taken pursuant to Section 6 of this Act. Section 5. Unlawful conduct. It shall be unlawful for any person to own, construct, operate or remove a dam or other artificial barrier dealt with in this Act, except in such a manner as to conform to and comply with the provisions of this Act and with all rules, regulations, orders, and permits established under the provisions of this Act. Section 6. Powers and duties of the Committee. (a) In the performance of its duties the Committee shall: (1) Inventory dams in the State for the purpose of classifying such dams into various categories as defined below. For purposes of this subsection (a), the term dam shall include only those dams as defined in Section 3 (d)(1) (25 feet or more in height or has an impounding capacity of 50 acre-feet or more), and those artificial barriers described in subsection 7 (b) of this Act. Such inventory shall be completed within five (5) years of the effective date of this Act and the Committee shall reinventory such dams at least once every five (5) years thereafter. (2) Based upon its inventory, the Committee shall classify each dam into one of the following categories: (A) Category I - Dams where improper operation or dam failure would result in probable loss of human life. (B) Category II - Dams where improper operation or dam failure would not be expected to result in loss of human life. (3) Upon completion of inventory and classification of a dam, the Committee shall promptly notify the Director in writing of the location of the dam, the owner and operator of such dam and the category to which this dam has been assigned. (b) The Committee is authorized to contract with other State or federal agencies or private entities to accomplish the purposes of this Section.

"GA1978.1.801">

(c) The Committee is authorized to use information furnished to it by the United States Army Corps of Engineers to accomplish the purposes of this Section, including, but not limited to, the classification of dams as set forth above. (d) The Committee is authorized to promulgate rules and regulations, after consultation with the Board, necessary to accomplish the purposes of this Section. (e) The Committee shall have the right to direct and conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section. For this purpose, the employees of the Committee or any authorized representative shall have the right to enter at reasonable times on any property, public or private, for the purpose of inventorying, classifying and investigating any dam and to require written reports from the owner or operator of any dam for the purpose of accomplishing its duties under this Section. (f) Upon request of the governing authority of a local unit of government, the Committee is authorized in its discretion to provide technical assistance to such local unit of government relative to those dams within its jurisdiction for which a permit is not required by this Act. Such assistance may include, but shall not necessarily be limited to, the inventorying of dams of any size or holding capacity for which a permit is not required by this Act, visual inspections, written reports on any structural inadequacies discovered during such inspections, written descriptions of the potential dam failure flood plain, technical advice on procedures to correct such structural inadequacies and assistance in the development of model dam safety ordinances. (g) Any person who desires to construct an artificial barrier as described in subsection 7 (b) of this Act may request of the Committee, and the Committee is authorized to furnish such person with a determination as to whether improper operation or failure of such barrier would result in probable loss of life as described in subsection 6 (a) (2) (A) of this Act. Section 7. Permit required. (a) Any person who desires to construct a dam or who operates a dam as of the effective date of this Act shall obtain a permit from the Director for such construction or

"GA1978.1.802">

operation. Any person who desires to construct a dam but has not commenced such construction as of the effective date of this Act shall obtain a permit to construct such dam prior to commencement of construction. Any person who is operating a dam or who is in the physical process of constructing a dam as of the effective date of this Act, may continue to operate or construct such dam pending final action by the Director on the application for a permit, provided such application has been filed with the Director within one hundred eighty (180) days after the Director serves upon such person a written notice that such dam has been classified as a Category I dam by the Committee in accordance with the provisions of this Act. Service of said notice upon the person shall be made by delivering the notice to him or by mailing it to him by certified mail at his home or business address. Service by mail is complete upon mailing unless the notice is returned to the Director by the U. S. Postal Department for any reason other than a refusal by the person to accept the mailing. Permits issued for the construction of dams pursuant to this Act shall also authorize the operation of such dams in accordance with the conditions contained in said permits. (b) Any person who desires to construct an artificial barrier, including appurtenant works, after the effective date of this Act, which, with the exception of the time of construction, falls, within the definition of dam as described in section 3 (d) (1) of this Act, improper operation or failure of which would result in probable loss of life as described in subsection 6 (a) (2) (A) of this Act, shall obtain a permit to construct such barrier prior to commencement of construction. Determination of same may be obtained by such person in accordance with subsection 6 (g) of this Act. In the event such barrier does not fall within the above described parameters at the time of construction, but should at some later date fall within same, the owner or operator of such barrier shall not operate same without a permit from the Director. The Director, upon being notified by the Committee that said barrier does fall within the above described parameters, shall serve upon the owner or operator of said barrier a written notice of the Committee's determination regarding same. Within one hundred eighty (180) days after such service of notice, said owner or operator shall apply to the Director for a permit to operate said barrier. Notice shall be served in accordance with the provisions of subsection 7 (a) of this Act. Such owner or operator may continue to operate said barrier pending final action by the Director on the application for a permit. A permit to operate

"GA1978.1.803">

said barrier shall be issued in accordance with the requirements of subsection 7 (g) of this Act. (c) Notwithstanding the provisions of subsections 7 (a) and 7 (b) above, no permit shall be required to be obtained by any person who constructs an artificial barrier, including appurtenant works, which impounds or diverts water, if such barrier and works are constructed in connection with or incidental to surface mining as defined in the Georgia Surface Mining Act of 1968, as amended: provided, however, that in the case of any such barrier or works which would, but for the provisions of this subsection 7 (c) require a permit under subsections 7 (a) or 7 (b) above, such person shall, upon the completion of the mining activity in connection with which such barrier or works were constructed, either (i) drain and reclaim the impoundment formed by such barrier or works pursuant to such person's mined land use plan approved by the Director under the Georgia Surface Mining Act of 1968, as amended, or (ii) stabilize such impoundment as a lake pursuant to such mined land use plan. If the impoundment is reclaimed as a lake and the barrier or works which created the impoundment remains in place as a Category I dam as defined by this Act or Category I artificial barrier as defined in subsection 7 (b) of this Act then, before such lake is deemed acceptable reclamation and the miner is released from his obligations with respect to such lake and barrier or works under the Georgia Surface Mining Act of 1968, as amended, the miner must obtain permit for such dam under this Act. (d) The Director is authorized to establish such conditions in permits issued pursuant to this Act as are necessary to assure compliance with the provisions of this Act and all rules and regulations promulgated hereunder. 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 and subsequent construction and operation of such dams. (e) Permit applications for the construction of dams shall be accompanied by a certificate from a professional engineer registered to practice in Georgia stating that he is responsible for the design of the dam and that said design meets the standards of this Act and the rules and regulations promulgated hereunder.

"GA1978.1.804">

(f) If the Director disapproves an application for construction of a dam, a copy of the application shall be returned to the applicant with a statement for the reasons for such disapproval. Such applicant may reapply incorporating the improvements indicated by the Director. (g) Permits authorizing the operation of dams in existence or being physically constructed as of the effective date of this Act shall be issued only when one of the following conditions precedent are met: (1) Approval by the Director of the applicant's submission of a detailed engineering study of the dam, prepared by a professional engineer registered by the State of Georgia; or (2) Approval by the Director of a written report prepared by the Division or other authorized agency under contract with the Director entered into upon behalf of the Division, after a visual inspection has been performed by such agency under the supervision of a professional engineer registered by the State of Georgia; or (3) Approval by the Director of the applicant's submission of a written report prepared by a professional engineer registered by the State of Georgia after a visual inspection has been performed under the supervision of such engineer. provided, however, in order for an existing dam to receive a permit authorizing its operation, such dam shall comply with the design standards established pursuant to this Act and the rules and regulations promulgated hereunder, and provided further, that in the event a visual inspection provided for in subsection 7 (g) (2) or subsection 7 (g) (3) reveals that distress of the dam is indicated by various conditions including, but not limited to, lack of adequate maintenance, seepage, surface cracks, settlement, movement or erosion, or when such inspection indicates that the dam was not designed or constructed in accordance with the requirements of this Act and the rules and regulations promulgated hereunder, a permit may be issued only after the Director has received a detailed engineering study as provided for in subsection 7 (g) (1). Based upon a review of such study, the Director shall deny the permit or issue same subject to conditions necessary to bring the dam into compliance

"GA1978.1.805">

with the Act and the rules and regulations promulgated hereunder. (h) The visual inspection performed pursuant to subsection 7 (g) (2) shall be made by the Division or under the provisions of a contract between the Director entered into upon behalf of the Division and the United States Army Corps of Engineers, the Georgia Department of Transportation, or some other governmental agency. (i) The Director may revoke, suspend or modify any permit issued pursuant to this Act or deny the issuance of a permit 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) violation of any provision of this Act or any rule or regulation promulgated hereunder; (4) failure to comply with dam safety standards provided for in this Act or any rules and regulations promulgated hereunder; (5) change in any condition that requires revocation, suspension or modification of a permit in order to insure compliance with the Act or any rules and regulations promulgated hereunder. Section 8. Dam removal. (a) It shall be unlawful for the owner or operator of any dam for which a permit is required by this Act to remove same without the approval of the Director. (b) Prior to the commencement of removing any such dam, such owner or operator shall apply to the Director on forms supplied by the Division for permission to remove the dam. (c) Within sixty (60) days of the receipt of a completed application for removal, the Director shall approve or approve subject to appropriate conditions, the applicant's request for removal.

"GA1978.1.806">

(d) Upon receipt of approval for removal, same shall be commenced as soon as practicable and the impoundment shall be drained and the structure permanently breached. (e) Nothing in this Section or this Act shall be construed to preclude the owner or operator of any impoundment to drain such impoundment without authorization from the Director. Section 9. Actions and orders of the Director. (a) The Director or any other authorized agency under contract with the Director entered into upon behalf of the Division is hereby authorized to make a visual inspection of any dam or other artificial barrier dealt with in this Act for which a permit is or may be required by this Act and to enter on any property, public or private, at reasonable times without notice for the purpose of accomplishing such inspection. After any such visual inspection, and upon a finding by the Director that a dam is not in compliance with any provision of this Act or any rule or regulation promulgated hereunder, the Director may issue an administrative order to the owner(s) of such dam requiring such owner(s) to undertake, at the owner(s) expense, such maintenance, alterations, repairs, reconstruction, change in construction or location, or removal as may be deemed necessary by the Director, or the draining or lowering of the water level of the dam, within the time period specified in such administrative order. (b) Based upon a visual inspection of a dam, if the Director determines that the dam is not in compliance with the provisions of this Act or any rule and regulation promulgated hereunder, and there is not sufficient time to issue an administrative order, the Director may immediately take such measures as may be necessary to provide emergency protection to life or property, including lowering the reservoir level or the destruction in whole or in part of said barrier and impoundment. The costs of such emergency measures may be recovered by the State in an action brought in the Superior Court of the county in which the dam is located or the county of residence of the dam owner(s). Section 10. Rights in investigation, entry, access and inspection. The Division shall have the right to direct and conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Act. For this purpose, the employees of the Division or any authorized representative shall have the right to enter at

"GA1978.1.807">

reasonable times on any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam or other artificial barrier dealt with in this Act; and to require written statements or the filing of reports with respect to pertinent questions relating to the construction or operation of any dam; provided, however, that no person shall be required to disclose any secret formula, processes or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision. It shall be unlawful for any person to refuse entry or access to any authorized representative of the Division who requests entry for purposes of inspection, and who presents appropriate credentials. It shall also be unlawful to obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. Section 11. Administrative and judicial review. Any person who is aggrieved or adversely affected by an order or action of the Director shall be entitled to administrative and judicial review in accordance with Section 17(a) of the Executive Reorganization Act of 1972. Section 12. Powers and duties of the Board. In the performance of its duties, the Board shall after consultation with the Committee: (a) Establish by rule or regulation such policies, requirements or standards governing the construction, operation, and maintenance of dams or artificial barriers permitted or required to be permitted under this Act, including, but not limited to, the following: (1) requiring that the engineer who provides engineering design services for a dam constructed after the effective date of this Act certify to the Director that he is registered by the State of Georgia and that he has the necessary training and experience to design such dam, and attach said certification to the application for permit; (2) requiring that if the engineer determines that a geological investigation of the dam site is advisable, that such investigation shall be conducted by a professional geologist registered to practice in the State of Georgia;

"GA1978.1.808">

(3) requiring that the engineer who undertakes the design of a dam constructed after the effective date of this Act, submit to the Director all documentation of the analysis and calculations for such design and the as-built drawings for such dam. (4) requiring a dam to have total spillway(s) designed to safely pass, without danger of overtopping flood waters in accordance with the objectives of this Act; (5) requiring that an approved plan for inspection and maintenance be put into effect by the owner or operator for any permitted dam; (6) requiring that the owner(s) of a dam immediately notify the Division when symptoms of failure, including, but not limited to, erosion, surface cracks, seepage, settlement, or movement occurs; (7) requiring that prior to construction of a dam, the owner shall provide the Board of Commissioners of the county in which the dam is to be constructed with the name(s) and address(es) of the person(s) owning such dam and the person(s) having direct responsibility for the operation of such dam. In addition, the owner shall have recorded on the official land plat for said county the location of such dam; (b) Establish by rule or regulation such criteria to be included in dam construction and operation application forms; (c) Establish by rule or regulation such standards necessary to govern the inspection of permitted dams; and (d) Adopt, modify, repeal and promulgate such other rules and regulations relating to dam safety as are necessary and proper to carry out the purposes of this Act excluding Section 6 herein. Section 13. Powers and duties of the Director. In addition to any other powers and duties provided for in this Act, the Director shall have and may exercise the following powers and duties: (a) To exercise general supervision over the administration and enforcement of this Act and all rules and regulations and orders promulgated hereunder excluding Section 6 herein;

"GA1978.1.809">

(b) To require progress reports from the supervising engineer of a dam construction project, as deemed necessary; (c) To supervise investigations necessary to carry out the duties prescribed in this Act excluding Section 6 herein; (d) To advise, consult, cooperate, contract and enter into cooperative agreements with private persons, local units of government, other governmental agencies or committees, including, but not limited to, the Department of Transportation, the State Soil and Water Conservation Committee, and the United States Army Corps of Engineers for the purposes of carrying out the provisions of this Act excluding Section 6 herein. (e) To take such other actions as may be necessary to carry out the provisions of this Act excluding Section 6 herein. Section 14. Violations; penalties. (a) Any person who engages in any action made unlawful by this Act shall be guilty of a misdemeanor, and upon conviction therefor, shall be punished as provided by law. Each day of continued violation after conviction shall constitute a separate offense. (b) As an alternative to criminal enforcement pursuant to subsection 14 (a), the Director may impose civil penalties in accordance with the following provisions: (1) Any person violating any provision of this Act or any permit condition or limitation established pursuant to this Act, or negligently 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 $1,000 for such violation and an additional civil penalty not to exceed $500 for each day during which said violation continues. (2) Whenever the Director has reason to believe that any person has violated any provision of this Act or any permit condition or limitation established pursuant to 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

"GA1978.1.810">

of this Act or any permit condition or limitation established pursuant to 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 15. 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 16. Authority of Department of Transportation. The Commissioner of the Department of Transportation is authorized to enter into contracts on behalf of the Department of Transportation with the Division and the Committee for the purpose of carrying out the provisions of this Act. Section 17. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 18. Effective date. This Act shall become effective on July 1, 1978.

"GA1978.1.811">

Section 19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1978. CORNEA AND EYE REMOVAL BY MEDICAL EXAMINERS. Code Section 88-2010 Enacted. No. 797 (House Bill No. 1231). AN ACT To amend Code Chapter 88-20, relating to eye banks, as amended, so as to permit the removal of the cornea or eye of a decedent for purposes of transplant under certain conditions; to affirm the right of corneal or eye transplant under certain circumstances; to relieve medical examiners, physicians, and eye banks of liability for authorized removal of an eye or cornea; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-20, relating to eye banks, as amended, is hereby amended by adding at the end thereof a new Code Section, to be designated as Code Section 88-2010, and to read as follows: 88-2010. Corneal and Eye Removal by Medical Examiners and Physicians. (a) Upon the request of any eye bank in any case in which a patient is in need of corneal tissue or an eye for a transplant, a medical examiner or physician performing an autopsy may provide the cornea or eye of a decedent whenever all of the following conditions are met: (1) (A) A decedent who may provide a suitable cornea or eye for the transplant is under the jurisdiction of a medical examiner and an autopsy is required in accordance with the

"GA1978.1.812">

`Georgia Post Mortem Examination Act' (Ga. Laws 1953, Jan.-Feb., p. 602); or (B) The physician has been requested, as provided by law, to perform an autopsy on a decedent who may provide a suitable cornea or eye for the transplant. (2) The express written consent to the removal of the cornea or eye is given by the next of kin of the decedent. (3) The removal of the cornea or eye will not interfere with the subsequent course of an investigation or autopsy. (b) Neither the medical examiner or physician, nor any eye bank, shall be held liable or responsible in any civil or criminal action for the removal or transplant of a cornea or eye as authorized by this Section. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1978. ELECTIONSSELECTION OF POLLING PLACES. Code Sections 34-705 and 34-706 Amended. No. 798 (House Bill No. 1289). AN ACT To amend Code Chapter 34-7, relating to election districts and polling places, as amended, so as to provide for the selection, where practicable, of polling places which are accessible to handicapped voters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.813">

Section 1 . Code Chapter 34-7, relating to election districts and polling places, as amended, is hereby amended by adding at the end of Code Section 34-705, relating to the selection of polling places by the judge of the probate court, a new subsection (d), to read as follows: (d) the judge of the probate court, in selecting and fixing a polling place in each election district, shall select, if practicable, a polling place with suitable and appropriate access to handicapped voters. If no such practicable locations exist within the election district, the judge of the probate court may effect temporary modifications to such existing locations as will, in his judgment, provide more convenient and appropriate access to the polling place by the handicapped voter. Section 2 . Said Code Chapter is further amended by striking subsection (a) of Code Section 34-706, relating to the use of public buildings as polling places, which reads as follows: (a) In selecting polling places, the judge of the probate court shall, wherever practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. School, county, municipal or other governmental authorities shall, upon request of the judge of the probate court, make arrangements for the use of their property for polling places; provided however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended., in its entirety, and inserting in lieu thereof a new subsection (a), to read as follows: (a) In selecting polling places, the judge of the probate court shall select, wherever practicable and consistent with the provisions of Section 34-705(d), schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. School, county, municipal or other governmental authorities, upon request of the judge of the probate court, shall make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended.

"GA1978.1.814">

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1978. STATE COMMISSION ON PHYSICAL FITNESS. No. 799 (House Bill No. 1447). AN ACT To create a State Commission on Physical Fitness; to define certain terms; to provide for composition of the Commission and the filling of vacancies; to provide for organization; to provide purpose; to specify powers and duties; to provide for meetings; to specify a quorum; to authorize the acceptance of gifts and grants; 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 . Definitions. As used in this Act, physical fitness means good or improved habits relating to recreation, exercises, sports, and the use of leisure time and instructions for these purposes and for improving the physique and health of the residents of the State. Section 2 . State Commission on Physical Fitness; creation. (a) There is hereby created a State Commission on Physical Fitness, hereafter called the Commission, for the purpose of protecting and improving the physical fitness of the residents of the State. (b) The Commission is assigned to the Department of Human Resources for administrative purposes only as specified in Section 3 of the Executive Reorganization Act of 1972, as amended. Section 3 . Commission; composition; vacancies. (a) The Commission shall consist of 25 members, including a chairman, all to be

"GA1978.1.815">

appointed by the Governor. They shall be selected because of their experience or interest in physical fitness for both youth and adults and shall serve without compensation. The first members of the Commission shall be appointed for terms as follows: six members shall be appointed for terms of one year each; six members shall be appointed for terms of two years each; six members shall be appointed for terms of three years each; six members shall be appointed for terms of four years each; and the chairman shall be appointed for a term of four years. As the term of each member expires, his successor shall be appointed for a term of four years except that each member shall serve until his successor is appointed and has qualified. Members shall be eligible for reappointment. (b) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to fill the unexpired term. Section 4 . Purpose and authority of Commission. The Commission is authorized to act in fulfillment of the following purposes: (a) To lend the high-level support of the Governor and leading citizens of the State to State and national physical fitness efforts. (b) To give assistance to the State Department of Education and other State and local agencies in strengthening aspects of their programs that relate to health and fitness. (c) To work with youth organizations, professional societies, industrial concerns, and others in stepping-up their programs for fitness. (d) To find gaps where needs of certain age or population groups are not being met and work to establish appropriate programs. (e) To carry out intensive public-support campaigns to interpret the need for physical fitness, to urge civic groups, churches, parent-teacher associations, and others to work for improved fitness programs and to encourage individual citizens to accept the personal obligation to keep fit.

"GA1978.1.816">

Section 5 . Duties of Commission. The Commission shall maintain liaison with the State Department of Education, county and city boards of education, private and parochial schools, and physical fitness commissions of the several political subdivisions of this State now or hereafter created, and comparable agencies in other states or under the federal government, and it shall consult with and advise the local commissions on their programs of physical fitness. It shall disseminate information in the interest of physical fitness programs in this State by publication, advertisement, conferences, workshops, programs, lectures, and other means, and it shall collect and assemble pertinent information and data available from other State departments and agencies. Section 6 . Meetings of Commission; quorum; rules. The Commission shall meet regularly at the call of the Governor or the chairman. Twelve members shall constitute a quorum. The Commission shall adopt such rules and regulations as are necessary and proper to govern its procedure and business. Section 7 . Acceptance of gifts and grants. The Commission may accept from the federal government or any instrumentality thereof or from any person, firm or corporation in the name of and for the State, services, equipment, supplies, materials, or funds by way of gift or grant for the purposes of physical fitness. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1978. GAME AND FISH CODE AMENDED. Code Title 45 Amended. No. 800 (House Bill No. 1543). AN ACT To amend Code Title 45, known as the Game and Fish Code, so as to provide for changes in certain definitions; to provide authority

"GA1978.1.817">

for rules and regulations relating to times, places, numbers, species and sizes; to change the provisions relative to conservation rangers; to make certain provisions applicable only to certain deputy conservation rangers; to change the provisions relative to wildlife technicians; to make it unlawful to hunt, trap or fish except at the times and places established by law or rules and regulations; to make it unlawful for a person to hunt on lands of another, under certain conditions, without written permission; to provide for exceptions; to provide for enforcement; to make it unlawful to hunt, trap or fish after obtaining the bag or creel limit for a species; to make certain changes regarding nongame species; to provide for additional penalties for hunting deer at night after a certain date; to delete the requirement that a firearm or bow and arrow be cased in a management area; to make certain changes regarding bonded and cash license agents; to authorize nonresidents to hunt on their land owned in this State under certain circumstances; to require trout stamps in certain waters; to make certain changes regarding commercial fishing boat licenses; to make certain changes in the names of licenses; to make certain changes pertaining to commercial saltwater fishing licenses; to provide that creel limits are not applicable at licensed catch-out ponds; to change the provisions relative to taxidermists; to make certain provisions inapplicable to game fish; to make certain changes relating to game-holding permits; to make certain changes relating to wildlife exhibition permits; to make certain changes regarding wildlife storage permits; to make certain changes regarding falconry; to provide for license or permit revocation, denial, suspension or nonrenewal in certain instances; to require a wildlife importation permit, a federal migratory bird stamp, and a field and retriever trial permit; to make certain changes pertaining to hunting hours; to provide a penalty for two or more convictions of hunting deer at night; to make certain changes pertaining to legal weapons; to correct the titles of certain Sections; to amend the Section relating to hunting while under sail or motor or while in motion; to make it unlawful to possess more than certain bag limits at certain places; to train hunting dogs; to change certain provisions relating to the killing of dogs running deer; to make certain changes relating to the taking and sale of game fish; to make certain changes relating to creel and possession limits; to make certain changes relating to trout waters and streams; to provide for certain possession limits in connection with certain reciprocal agreements; to make certain changes relating to commercial

"GA1978.1.818">

shad fishing; to make certain changes in the Section dealing with fish dealers; to make certain changes regarding the use of seines in salt water; to make certain changes in the Section pertaining to commercial saltwater fishing gear; to provide for a definition of adult eels; to make certain changes relating to wild animals; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 45, known as the Game and Fish Code, is hereby amended by deleting in subsection 45-102(33) after the word import and before the words fish dealer the word: wholesale, and by placing a period after the words fish eggs into this State and deleting the remainder of said subsection which reads as follows: 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., so that when amended, subsection 45-102(33) shall read as follows: (33) `Import fish dealer' means any person engaged in transporting live fish or fish eggs into this State. Section 2. Said Code Title is further amended by deleting the word hunting in subsection 45-102(37), so that when amended said subsection shall read as follows: (37) `Night' means between the hours of thirty (30) minutes after sunset and thirty (30) minutes before sunrise.

"GA1978.1.819">

Section 3. Said Code Title is further amended by deleting in subsection 45-102(50) the following: 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, and by deleting the period and adding at the end of said subsection the phrase: or for aquaria., so that when amended subsection 45-102(50) shall read as follows: (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 to be sold or furnished to others for use thereby, other than for resale or for aquaria. Section 4. Said Code Title is further amended by deleting the period at the end of subsection 45-102(60) and inserting in lieu thereof the following: , and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species., so that when amended subsection 45-102(60) shall read as follows: (60) `Wild animal' means any vertebrate or invertebrate of the Animal Kingdom which is not normally a domestic species in this State, and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species. Section 5. Said Code Title is further amended by deleting the period at the end of subsection 45-102(61) and inserting in lieu thereof the following: or who offers any wild animal for sale to the public.,

"GA1978.1.820">

so that when amended subsection 45-102(61) shall read as follows: (61) `Wild animal retail dealer' means any person who imports, transports or possesses any wild animal for the purpose of sale to the public or who offers any wild animal for sale to the public. Section 6. Said Code Title is further amended by deleting in subsection 45-102(64) the following: 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, and by deleting the period at the end of said subsection and inserting: or aquaria., so that when amended subsection 45-102(64) shall read as follows: (64) `Wholesale fish dealer' means any person engaged in the purchasing, raising, propagation, breeding or acquisition or possession of live fish or fish eggs to be sold or furnished to others for the purpose of resale or aquaria. Section 7. Said Code Title is further amended by inserting between the words regulate the and before the word manner in subsection 45-103(b), the following words: times, places, numbers, species, sizes,, so that when amended subsection 45-103(b) shall read as follows: (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 times, places, numbers, species, sizes, 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.

"GA1978.1.821">

Section 8. Said Code Title is further amended by deleting in its entirety Section 45-116, relating to conservation rangers, and inserting in lieu thereof a new Section 45-116 to read as follows: 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. Provided, however, all such conservation rangers shall be at least twenty-one (21) years of age. 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 classified service under the State Merit System of Personnel Administration as provided for in an Act approved March 13, 1975 (Ga. Laws 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. Provided, further, however, beginning with fiscal year 1979, the members of the Uniformed Division of Conservation Rangers shall consist of and be compensated at the following position classifications and pay grades, or the equivalent of such 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 Personnel Administration, shall be subject to the rules and regulations of such system except as provided herein and the compensation for such pay grade, or the equivalent of such pay grades, shall not be reduced. Provided further, however, except for disciplinary action, no conservation ranger shall be involuntarily reassigned to a position classification and pay grade, or the equivalent of such pay

"GA1978.1.822">

grade, lower than that held by such conservation ranger on January 1, 1978. Provided further, however, if personal services funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, conservation rangers shall be compensated at the position classification and pay grade, or the equivalent of such pay grade, held by each such conservation ranger on January 1, 1978, rather than being compensated at the position classification and pay grade specified in this Section. Section 9. Said Code Title is further amended by adding to the second sentence of subsection 45-117(b) after the word rangers and before the word shall, the following phrase: who are not employees of the Department, so that when amended subsection 45-117(b) shall read as follows: (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 who are not employees of the Department 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. Section 10. Said Code Title is further amended by inserting in subsection 45-117(c) after the word ranger and before the word shall the following phrase: who is not an employee of the Department, so that when amended subsection 45-117(c) shall read as follows: (c) Each deputy conservation ranger who is not an employee of the Department 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.

"GA1978.1.823">

Section 11. Said Code Title is further amended by adding at the end of Code Section 45-118 a new subsection to be designated subsection (e) and to read as follows: (e) At the expense of the Department, to assist the Department of Public Safety and the Georgia Bureau of Investigation, in carrying out their duties and responsibilities, when requested to do so by the Department of Public Safety or the Georgia Bureau of Investigation. Section 12. Said Code Title is further amended by inserting a new Section to follow present Section 45-120 and to read as follows: 45-121. Wildlife Technicians. Beginning with fiscal year 1979, wildlife technicians of the Department shall be in the classified service under the State Merit System of Personnel Administration and shall be compensated at the following position classifications and pay grades or the equivalent of such 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, except as provided herein, be subject to the rules and regulations of such system and the compensation for such pay grades or the equivalent of such pay grades, shall not be reduced. Provided, however, except for disciplinary action, no wildlife technician shall be involuntarily reassigned to a position classification and pay grade, or the equivalent of such pay grade, lower than that held by such wildlife technician on January 1, 1978. Provided further, however, if personal services funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, wildlife technicians shall be compensated at the position classifications and pay grades, or the equivalent to such pay grades, held by each such wildlife technician on January 1, 1978, rather than being compensated at the position classifications and pay grades, the equivalent of such pay grades, specified in this Section.

"GA1978.1.824">

Section 13. Said Code Title is further amended by inserting in subsection 45-201(d) after the word creel and before the words and possession the word , size and by inserting in said subsection after the word weapons and before the word as the following: and except at such times and places, so that when amended subsection 45-201(d) shall read as follows: (d) It shall be unlawful to hunt, trap or fish except in compliance with the bag, creel, size and possession limits and except with such legal methods and weapons and except at such times and places as may be established by law or by rules and regulations promulgated by the Board. Section 14. Said Code Title is further amended by renumbering present subsection 45-201(e) as subsection 45-201(f) and by adding a new subsection 45-201(e) to Section 45-201 after present subsection 45-201(d) and before renumbered subsection 45-201(f), which new subsection shall read as follows: (e) It shall be unlawful to hunt, trap or fish for any game species after having obtained the daily or season bag or creel limit for that species. Section 15. Said Code Title is further amended by adding two new sentences at the end of Section 45-202, which new sentences shall read as follows: The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any species which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endangered or threatened species., so that when amended Section 45-202 shall read as follows: 45-202. Nongame Species. Except as otherwise provided by law or rule or regulation, it shall be unlawful to hunt, trap, fish,

"GA1978.1.825">

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. The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any species which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endangered or threatened species. Section 16. Said Code Title is further amended by deleting from subsection 45-213(b) the following: , cased,, so that when amended subsection 45-213(b) shall read as follows: (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 when such firearms or bow and arrow is unloaded and stored so as not to be readily accessible. Section 17. Said Code Title is further amended by deleting in its entirety paragraph 4 of subsection 45-301(b) which reads: (4) Keep copies of all licenses sold., and inserting in lieu thereof the following: (4) Send to the Department copies of all licenses sold. Section 18. Said Code Title is further amended by deleting in its entirety the second sentence of paragraph 4 of subsection 45-301(c) which sentence reads: Such remittances shall be in the form of a certified check or a United States postal money order.,

"GA1978.1.826">

so that when amended paragraph 1 of subsection 45-301(c) shall read as follows: (1) Remit to the Department, in advance, the net cost of any licenses ordered for sale. Section 19. Said Code Title is further amended by deleting in its entirety paragraph 3 of subsection 45-301(c) which reads: (3) Keep copies of all licenses sold., and inserting in lieu thereof the following: (3) Send to the Department copies of all licenses sold. Section 20. Said Code Title is further amended by inserting in subsection 45-302(c) between the designation 45-303, and the word except the following: except as provided in this subsection and, and by adding at the end of said subsection the following: A person not a resident of Georgia who is the owner of at least 50 acres of land in this State may hunt on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only for the purpose of hunting on such land such person shall be considered a resident of Georgia., so that when so amended said subsection 45-302(c) shall read as follows: (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 provided in this subsection and 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. A person not a resident of Georgia who is the owner of at least 50 acres of land in this State may hunt

"GA1978.1.827">

on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only for the purpose of hunting on such land such person shall be considered a resident of Georgia. Section 21. Said Code Title is further amended by adding to subsection 45-302(d) after the word trout and before the word unless the following phrase: or to fish in any waters designated in this Title as trout waters or trout streams,, so that when amended subsection 45-302(d) shall read as follows: (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 or to fish in any waters designated in this Title as trout waters or trout streams, 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. Section 22. Said Code Title is further amended by inserting in subsection 45-302(n) between the word licenses and the word shall the following: , including commercial fishing boat licenses,, so that when so amended said subsection shall read as follows: (n) Except as otherwise specifically provided, all season hunting, fishing and trapping licenses, including commercial fishing boat licenses, shall be effective from April 1 to March 31 of the following year. Section 23. Said Code Title is further amended by deleting in subsection 45-303(g) of paragraph 3, the word: wholesale, so that when amended paragraph 3 of subsection 45-303(g) shall read as follows: (3) Import fish dealer license. Annual $100.00

"GA1978.1.828">

Section 24. Said Code Title is further amended by deleting in paragraph 5 of subsection 45-303(g) the word dealer and inserting in lieu thereof the word: breeder, so that when amended paragraph 5 of subsection 45-303(g) shall read as follows: (5) Commercial quail breeder permit. Annual $25.00 Section 25. Said Code Title is further amended by inserting after the word fee and before the word overall, the word in and by deleting from paragraph 4 of subsection 45-305(b) the following: fifty (50) cents per foot or fraction thereof., and inserting in lieu thereof the following phrase: five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eighteen (18) feet., so that when amended paragraph 4 of subsection 45-305(b) shall read as follows: (4) All boats, other than trawlers, over eighteen (18) feet in overall length, five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eighteen (18) feet. Section 26. Said Code Title is further amended by deleting from the title of Section 45-306 the following: ; Nonresidents, so that when amended the title of Section 45-306 shall read as follows: 45-306. Commercial Saltwater Fishing Licenses. Section 27. Said Code Title is further amended by adding a new sentence at the end of subsection 45-306(b), which new sentence shall read as follows:

"GA1978.1.829">

Provided, however, nothing in this subsection shall be construed to authorize any person to engage in commercial fishing in any of the salt waters of this State at any time when the commercial saltwater fishing license of such person has been revoked or suspended., so that when amended subsection 45-306(b) shall read as follows: (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 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 commercial saltwater fishing license in his name. Provided, however, nothing in this subsection shall be construed to authorize any person to engage in commercial fishing in any of the salt waters of this State, at any time when the commercial saltwater fishing license of such person has been revoked or suspended. Section 28. Said Code Title is further amended by inserting in Section 45-307 after the words with the and before the words possession limits the words: creel limits,, so that when amended Section 45-307 shall read as follows: 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 creel limits, possession limits, size limits and seasons set forth in this Title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent in any person that such person may fish in said pond as if such pond was a licensed catch-out pond. Section 29. Said Code Title is further amended by adding immediately preceding the period appearing at the end of subsection 45-308(d) the following:

"GA1978.1.830">

, unless such taxidermist has received the prior written permission of the Director of the Game and Fish Division of the Department, so that when so amended, subsection 45-308(d) shall read as follows: (d) It shall be unlawful for a taxidermist to sell any wildlife or part thereof which is left unclaimed, unless such taxidermist has received the prior written permission of the Director of the Game and Fish Division of the Department. Section 30. Said Code Title is further amended by adding two new subsections at the end of Section 45-308 to be designated subsections (g) and (h) and to read as follows: (g) Notwithstanding any other provision of this Title to the contrary, it shall not be unlawful for a licensed taxidermist to mount and sell legally taken furbearers, without procuring a fur dealer's license. (h) It shall not be unlawful for a licensed taxidermist to mount and sell legally taken wildlife with prior written permission of the Director of the Game and Fish Division. Section 31. Said Code Title is further amended by deleting in the first and second sentences of Section 45-312 the words: game species, and inserting in lieu thereof the following: game animal or game bird, and by inserting in the first sentence after the word for and before the word purpose the word: the, and by adding a new sentence to the end of said Section, which new sentence shall read as follows: Nothing herein shall be construed to authorize the holding or possession of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless specifically so stated on the game-holding permit.,

"GA1978.1.831">

so that when amended Section 45-312 shall read as follows: 45-312. Game-holding Permits. It shall be unlawful for any person to hold or possess any game animal or game bird for the purpose of propagation or pets without first obtaining a valid game-holding permit as provided in Section 45-303. Any game animal or game bird held under such permit may not be sold by the holder but must be retained, consumed or disposed of without charge. Nothing herein shall be construed to authorize the holding or possession of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless specifically so stated on the game-holding permit. Section 32. Said Code Title is further amended by inserting a new sentence between the first and second sentences in subsection 45-314(a), which new sentence shall read: No such permit shall be issued by the Department except where the exhibition or display is solely for educational purposes., and by adding a new sentence at the end of said subsection, which new sentence shall read as follows: Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish., so that when amended subsection 45-314(a) shall read as follows: (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. No such permit shall be issued by the Department except where the exhibition or display is solely for educational purposes. 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. Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish.

"GA1978.1.832">

Section 33. Said Code Title is further amended by deleting in Section 45-316 after the words the person and before the words to exhibit the words: offering or requesting to store such wildlife, and inserting in lieu thereof the following words: delivering such wildlife for storage, and by adding a new sentence at the end of said Section, which new sentence shall read as follows: Provided, however, nothing herein shall be construed to require a permit to store fish., so that when amended Section 45-316 shall read as follows: 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 thereof without first obtaining a wildlife storage permit from the Department and without requiring the person delivering such wildlife for storage to exhibit a valid license authorizing such person to take or possess such wildlife. Provided, however, nothing herein shall be construed to require a permit to store fish. Section 34. Said Code Title is further amended by inserting a new sentence at the end of subsection 45-318(a), which new sentence shall read as follows: Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry standards., so that when amended subsection 45-318(a) shall read as follows:

"GA1978.1.833">

(a) It shall be unlawful for any person to trap, take, transport or possess raptors for falconry purposes unless such person first procures, in addition to a valid hunting license, a valid falconry permit as provided in Section 45-303. Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry standards. Section 35. Said Code Title is further amended by adding a new subsection to Section 45-318 to be numbered subsection (s) and to read as follows: (s) It shall be lawful for a falconer meeting the requirements of this Section to take small game with raptors in accordance with the provisions of this Section and the law and regulations regulating the taking of small game. Section 36. Said Code Title is further amended by renumbering present subsections 45-323 (b) and (c) as subsections 45-323 (c) and (d) respectively and by adding a new subsection 45-323 (b) after present subsection 45-323 (a) and before renumbered subsection 45-323(c), which new subsection shall read as follows: (b) In the event any person who is an employee, agent or representative of a licensee or permittee or applicant for a license or permit or both, engages in the licensed or permitted activity pursuant to the authority of the license or permit of such licensee or permittee or applicant for a license or permit or both, and violates any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew a license or permit in accordance with the provisions of this Section. Section 37. Said Code Title is further amended by adding three new Sections to be numbered Sections 45-325, 45-326 and 45-327, and to read as follows: 45-325. Wildlife Importation Permit. It shall be unlawful to import any wildlife, other than fish, without obtaining, at no cost, a wildlife importation permit from the Department. Such permit shall not be issued except for educational or scientific purposes.

"GA1978.1.834">

45-326. Federal Migratory Bird Hunting and Conservation Stamp Required. It shall be unlawful to hunt brant, ducks, geese and swans in this State without a federal Migratory Bird Hunting and Conservation Stamp. 45-327. Field and Retriever Trial Permit. (a) It shall be unlawful for any person to conduct a field or retriever trial without first obtaining a permit, at no cost, from the Department. In trials conducted with such a permit, the species of wildlife specified on the permit may be set or pursued by dogs, but such wildlife may not be taken except during the open season for such species of wildlife. The person conducting such a field trial shall require all participants therein to register. (b) It shall be unlawful for any person to participate in a field or retriever trial unless a permit for such trial has been issued by the Department and such person is registered as a participant in such trial. Hunting licenses shall not be required for registered participants in trials permitted by the Department. Section 38. Said Code Title is further amended by striking Section 45-501 in its entirety and inserting in lieu thereof a new Section 45-501, to read as follows: 45-501. Permission to Hunt on Lands of Another; Written Permission; Enforcement. (a) 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. (b) If the land is so posted, this permission shall be in writing and carried on the person hunting or pursuing wildlife upon the lands of another. (c) It shall be the duty of conservation rangers, sheriffs and deputy sheriffs to enforce the provisions of this Section. Section 39. Said Code Title is further amended by deleting the present title of Section 45-502 which reads: Night Hunting.,

"GA1978.1.835">

and inserting in lieu thereof a new title to read: Hunting Hours. Section 40. Said Code Title is further amended by deleting in subsection 45-502(a) the words: dry cell, and by inserting in said subsection after the words may be carried and before the words by a hunter the phrase: by hand, and by inserting after the phrase by a hunter and before the phrase and used for the phrase: or worn on the hunter's belt, so that when amended subsection 45-502(a) shall read as follows: (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 light which does not exceed six (6) volts or a fuel type lantern may be carried by hand by a hunter or worn on the hunter's belt and used for locating such animals. Section 41. Said Code Title is further amended by adding two new subsections at the end of Section 45-502 to be designated subsections (i) and (j) and to read as follows: (i) It shall be unlawful to hunt migratory game birds between sunset and one-half hour before sunrise. It shall also be unlawful to hunt migratory game birds between one-half hour before sunrise and sunset except that it shall not be unlawful to hunt migratory game birds during those hours as may be designated by the Board for a particular migratory game bird. In accordance with the framework of open hunting season dates established by the U. S. Fish and Wildlife Service, and as may be appropriate based on sound wildlife management principles, the Board is hereby specifically authorized to promulgate rules and regulations establishing the hours, on a Statewide, regional or local basis, for hunting migratory game birds. The Board is hereby specifically authorized to promulgate

"GA1978.1.836">

such rules and regulations without complying with the provisions of an Act known as the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 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. (j) If, after July 1, 1978, a person commits and is convicted of two or more violations of hunting deer at night, such person shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00 or by confinement for not more than 12 months or by both such fine and confinement. Section 42. Said Code Title is further amended by adding a new sentence at the beginning of subsection 45-503(a) which new sentence shall read as follows: Longbows and compound bows may be used for taking small game., and deleting in said subsection the word such and inserting in lieu thereof the word: long, and by deleting the semicolon at the end of said subsection and inserting in lieu thereof a period and a new sentence to read as follows: Arrows for hunting deer must be broadhead type, with a minimum width of seven-eights (7/8) of an inch;, so that when amended, subsection 45-503(a) shall read as follows: (a) Longbows and compound bows may be used for taking small game. Longbows and compound bows for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that long bows have a minimum recognized pull of forty (40) pounds at twenty-eight (28) inches of draw. Arrows for hunting deer must be broadhead type, with a minimum width of seven-eights (7/8) of an inch;.

"GA1978.1.837">

Section 43. Said Code Title is further amended by deleting from the title of Section 45-509 the word Game and inserting in lieu thereof the word: Wildlife, and by inserting after the word Discharging and before the word Weapon the word: a, so that when amended, the title of Section 45-509 shall read as follows: 45-509. Taking Wildlife on or Discharging a Weapon Across a Public Road. Section 44. Said Code Title is further amended by deleting the word species in the second sentence of Section 45-510, and inserting in lieu thereof the phrase: bird or game animal, so that when amended Section 45-510 shall read as follows: 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 bird or game animal. Section 45. Said Code Title is further amended by deleting in Section 45-511 the word or appearing after the phrase an airplane and before the words a hydroplane and by inserting after the phrase a hydroplane the following phrase: , or a motor vehicle.,

"GA1978.1.838">

and then deleting the remainder of said Section, so that when amended, Section 45-511 shall read as follows: 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, a hydroplane, or a motor vehicle. Section 46. Said Code Title is further amended by adding a new subsection to Section 45-513 which new subsection shall be numbered subsection (e) and shall read as follows: (e) It shall be unlawful for any person to possess more than the daily bag limit or more than the aggregate daily bag limit while in the field or while returning from the field to one's automobile or principal means of land transportation, or to one's permanent abode or temporary or transient place of lodging, or to a commercial storage facility, or to a post office, or to a common carrier facility. Section 47. Said Code Title is further amended by adding a new subsection to Section 45-514, which new subsection shall be numbered subsection (e) and shall read as follows: (e) It shall be unlawful for any person to train hunting dogs on property other than that owned by such person or his immediate family, unless such person has a hunting license in his immediate possession. Section 48. Said Code Title is further amended by deleting Section 45-524 in its entirety and inserting in lieu thereof a new Section 45-524, to read as follows: Section 45-524. Killing of Dogs Running Deer; Freedom from Liability. (a) It shall be the duty of every conservation ranger to kill any dog pursuing or killing any 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. (b) It shall be unlawful for any person other than a conservation ranger, sheriff, or deputy sheriff to kill a dog with a collar, which dog is or has been pursuing or killing a deer.

"GA1978.1.839">

(c) It shall not be unlawful for any person to kill a dog which does not have a collar but which is 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. Section 49. Said Code Title is further amended by adding two new sentences at the end of Section 45-705, which new sentences shall read as follows: Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an oxbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river., so that when amended, Section 45-705 shall read as follows: 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. Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an oxbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river.

"GA1978.1.840">

Section 50. Said Code Title is further amended by deleting the present title of Section 45-713 and inserting in lieu thereof the following: Creel and Possession Limits., and by inserting in the first sentence of said Section, after the word unlawful and before the words to possess the following phrase: to take in one day or, and to insert after the words any one time, and before the words more than the words: except at one's place of abode or at a commercial storage facility,, so that when amended, Section 45-713 shall read as follows: 45-713. Creel and Possession Limits. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, 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.

"GA1978.1.841">

(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. Section 51. Said Code Title is further amended by inserting in Section 45-717 after the words following streams and before the phrase are trout streams the following: , excluding any impoundments thereon unless specifically included,, so that when amended, the portion of Section 45-717 preceding subsection (a) shall read as follows: 45-717. Trout Streams Without Seasons. The following streams, excluding any impoundments thereon unless specifically included, are trout streams which shall be open for trout fishing throughout the year:. Section 52. Said Code Title is further amended by inserting in Section 45-718 after the word watersheds and before the words are hereby the following: , excluding any impoundments thereon unless specifically included,, so that when amended the portion of Section 45-718 preceding subsection (a) thereof shall read as follows: 45-718. Trout Waters With Seasons. The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are hereby designated

"GA1978.1.842">

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:. Section 53. Said Code Title is further amended by inserting a new sentence between the first and second sentences of paragraph (2) of subsection 45-728(c) to read as follows: It shall also be unlawful for any person to possess more than ten (10) in the aggregate of striped bass and striped-white bass hybrid., so that when so amended paragraph (2) of subsection 45-728(c) shall read as follows: (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 also be unlawful for any person to possess more than ten (10) in the aggregate of striped bass and striped-white bass hybrid. 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. Section 54. Said Code Title is further amended by deleting in subsection 45-805(g) the word Shad and inserting in lieu thereof: Commercial shad, so that when amended subsection 45-805(g) shall read as follows: (g) Commercial shad fishing is prohibited in the Savannah Back River downstream from New Savannah cut. Section 55. Said Code Title is further amended by inserting in subsection 45-805(h) after the word possession and before the word limit the words: or creel,

"GA1978.1.843">

so that when amended, subsection 45-805(h) shall read as follows: (h) Notwithstanding any other provision to the contrary, there shall be no possession or creel limit on shad taken pursuant to this Section. Section 56. Said Code Title is further amended by deleting from the first sentence of subsection 45-808(c) the word: private, and by deleting in said subsection the word transport and inserting in lieu thereof the words: sell, purchase or possess, so that when amended subsection 45-808(c) shall read as follows: (c) It shall be lawful for any person to sell or purchase game fish from a pond when the owner of such pond has 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 sell, purchase or possess 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. Section 57. Said Code Title is further amended by inserting in the title of Section 45-810 after the word Wholesale and before the phrase and Retail Dealers the following: , Import, so that when amended, the title to Section 45-810 shall read as follows:

"GA1978.1.844">

45-810. Taking of and Dealing in Live Fish and Fish Eggs; Wholesale, Import and Retail Dealers; Licenses; Prohibited Acts. Section 58. Said Code Title is further amended by deleting in subsection 45-810(a) after the word import and before the word dealer the word wholesale and inserting in lieu thereof the word: fish, so that when amended, subsection 45-810(a) shall read as follows: (a) It shall be unlawful to engage in the business of a wholesale fish dealer, retail fish dealer or import fish 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. Section 59. Said Code Title is further amended by deleting in subsection 45-810(b) after the word import and before the words fish dealer the word: wholesale, so that when amended, subsection 45-810(b) shall read as follows: Notwithstanding subsection (a) hereof, nonresident persons may sell and transport fish and fish eggs into the State without being required to procure an import fish dealer license where such sale and shipment are made to an import fish dealer duly licensed under Section 45-303. Section 60. Said Code Title is further amended by deleting in paragraph (2) of subsection 45-812(d) the phrase Georgia's public islands and inserting in lieu thereof the words: Tybee Island, St. Simons Island and Jekyll Island, and by deleting in paragraph (3) of said subsection the phrase two hundred feet (200[UNK]) and inserting in lieu thereof the phrase:

"GA1978.1.845">

three hundred feet (300[UNK]), and by deleting in paragraph (3) of said subsection the word set and inserting in lieu thereof the word: net, and by deleting in paragraph (3) of said subsection the phrase two and seven-eights inches (2 7/8[UNK]) and inserting in lieu thereof the following: two and one-half inches (2 1/2[UNK]), and by deleting in paragraph (4) of said subsection the phrase two hundred feet (200[UNK]) and inserting in lieu thereof the phrase: three hundred feet (300[UNK]), so that when amended, subsection 45-812(d) shall read as follows: (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. (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 oceanfront side of beaches and on sand beaches bordering the southern ends of Tybee Island, St. Simons Island and Jekyll Island 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 three hundred feet (300[UNK]) in length having a minimum net size of two and one-half inches (2 1/2[UNK]) stretched mesh on the oceanfront side of beaches, is not prohibited; provided, however, such seines may not be used in any inlets or tidal sloughs.

"GA1978.1.846">

(4) Seines over three hundred feet (300[UNK]) in length are prohibited. Section 61. Said Code Title is further amended by adding a new subsection (e) at the end of Section 45-812, to read as follows: (e) It shall be unlawful to use any seine in salt water in such a manner that it will block more than one-half of the entrance of a tidal river, creek, slough or inlet to the ocean. Section 62. Said Code Title is further amended by deleting in subsection 45-813(a) the phrase: by the person taking the shrimp, his friends or relatives, so that when amended, subsection 45-813(a) shall read as follows: (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;. Section 63. Said Code Title is further amended by adding a new subsection to Section 45-815 which new subsection shall read: (d) As used in this Section, adult eels shall mean eels at least six (6) inches in length. Section 64. Said Code Title is further amended by adding two new sentences to the end of subsection 45-1101(c) which new sentences shall read as follows: Provided, however, educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a permit to possess, transport or import a wild animal or to transfer or sell a wild animal to another such institution, zoo or circus within this State, if the Department is notified prior to the importation, transportation, sale, transfer or possession by such institution, zoo or circus. Provided, further, that such institutions, zoos and circuses shall comply with all the provisions of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals.,

"GA1978.1.847">

so that when amended 45-1101(c) shall read as follows: (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. Provided, however, educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a permit to possess, transport or import a wild animal or to transfer or sell a wild animal to another such institution, zoo or circus within this State, if the Department is notified prior to the importation, transportation, sale, transfer or possession by such institution, zoo or circus. Provided, further, that such institutions, zoos and circuses shall comply with all the provisions of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals. Section 65. Said Code Title is further amended by inserting in the second sentence of subsection 45-1101(e) after the word permits and before the words in accordance the following words: solely for educational purposes and, so that when amended subsection 45-1101(e) shall read as follows: (e) It shall be unlawful for any person to keep, hold or possess any wild animal in captivity, except fish and invertebrates, for the purposes 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 solely for educational purposes and 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 complied with.

"GA1978.1.848">

Section 66. Said Code Title is further amended by adding a new subsection to Section 45-1101, which new subsection shall read as follows: (f) Each permit to import, transport, sell, transfer or posses a wild animal which is inherently dangerous to human beings shall be conditioned upon the permittee obtaining, providing proof of and maintaining in force and effect liability insurance in at least the amount of one hundred thousand dollars ($100,000) for each such wild animal. Section 67. Said Code Title is further amended by placing a period after the phrase All species in subsections 45-1102(a)(8), (9), (11) and (16) and deleting the remainder of said subsections so that when amended, subsections 45-1102(a)(8), (9), (11) and (16) shall read: (8) Order Lagomorpha (Rabbits, Hares) - All species. (9) Order Rodentia (Rats, Mice, Voles, Squirrels, etc.) - All species. (11) Order Carnivora (Weasels, Cats, Bears, Wolves, etc.) - All species. (16) Order Perissodactyla (Odd-toed Ungulates) - All species. Section 68. Said Code Title is further amended by placing a period after the phrase Bison bison (Buffalo) in subsection 45-1102(a)(17) and deleting the remainder of said subsection, so that when amended, subsection 45-1102(a)(17) shall read as follows: (17) Order Artiodactyla (Even-toed Ungulates) - All species except Bison bison (Buffalo). Section 69. Said Code Title is further amended by inserting in subsection 45-1105(b) after the word escaped the words: or is inadequately confined, and by inserting after the word may and before the word destroy the word:

"GA1978.1.849">

seize,, so that when amended, subsection 45-1105(b) shall read as follows: (b) Notwithstanding subsection (a) of this Section, where a wild animal regulated by this Chapter has escaped or is inadequately confined, the Department may seize, 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. Section 70. 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 sahll 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 71. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 72. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1978.

"GA1978.1.850">

SECURITY OF CERTAIN STATE BUILDINGS AND FACILITIES. No. 804 (Senate Bill No. 551). AN ACT To amend an Act relating to the security of certain State buildings and facilities, approved March 18, 1976 (Ga. Laws 1976, p. 471), so as to authorize members of the State Patrol and Georgia Bureau of Investigation to exercise certain powers and responsibilities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the security of certain State buildings and facilities, approved March 18, 1976 (Ga. Laws 1976, p. 471), is hereby amended by adding in Section 1 between the words personnel and are as they appear in the first, second and third sentences thereof, and between the words personnel and shall in the last sentence thereof the following: and members of the Georgia State Patrol and Georgia Bureau of Investigation, so that when so amended, Section 1 shall read as follows: Section 1. The Georgia Building Authority and its security personnel and members of the Georgia State Patrol and Georgia Bureau of Investigation are hereby authorized and empowered to deny the entrance of any person into or upon any property or building of the Authority or the State when such person's activities are intended to disrupt or interfere with the normal activities and functions carried on in such property or building or have the potential of violating the security of the personnel therein. The Authority and its security personnel and members of the Georgia State Patrol and Georgia Bureau of Investigation are hereby authorized and empowered to deny entrance into or upon any such property or building of any person displaying any sign, banner, placard, poster or similar device. The Authority and its security personnel and members of the Georgia State Patrol and Georgia Bureau of Investigation are hereby authorized and empowered to remove any person from any

"GA1978.1.851">

such property or building when such person's activities interfere with or disrupt the activities and the operations carried on in such property or building or constitute a safety hazard to such property or building or the inhabitants thereof. The authority and power provided herein shall also extend to any property or building utilized by the State or any agency thereof. Any law enforcement officer assisting the Authority or any of its security personnel and members of the Georgia State Patrol and Georgia Bureau of Investigation shall have the same authority and power bestowed upon the Authority by this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1978. COMMERCIAL GAMBLING. Code Section 26-2703 Amended. No. 805 (House Bill No. 1791). AN ACT To amend Code Section 26-2703, relating to the crime of commercial gambling, so as to provide that committing certain acts relating to bingo games without a license constitutes commercial gambling; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-2703, relating to the crime of commercial gambling, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 26-2703, to read as follows:

"GA1978.1.852">

26-2703. Commercial Gambling. (a) A person commits commercial gambling when he intentionally does any of the following acts: (1) Operates or participates in the earnings of a gambling place. (2) Receives, records, or forwards a bet or offer to bet. (3) For gain, becomes a custodian of anything of value bet or offered to be bet. (4) Contracts to have or give himself or another the option to buy or sell, or contracts to buy or sell, at a future time, any gain or other commodity whatsoever, or any stock or security of any company, when it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof. (5) Sells chances upon the partial or final result of or upon the margin of victory in any game or contest or upon the performance of any participant in any game or contest or upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate. (6) Sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery. (7) Conducts, advertises, operates, sets up or promotes a bingo game without having a valid license to operate said bingo game as provided by law. (b) 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.

"GA1978.1.853">

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 9, 1978. LICENSING AND OPERATION OF NON-PROFIT BINGO GAMES. No. 806 (House Bill No. 1267). AN ACT To amend an Act providing for the regulation and licensing of the operation of non-profit bingo games, approved March 30, 1977 (Ga. Laws 1977, p. 1164), so as to provide additional definitions; to provide for the matters to be contained in the application for a license to operate a non-profit bingo game; to provide that licenses shall be issued only to properly qualified applicants; to authorize the State Revenue Commissioner to certify whether any organization is tax-exempt or holds a license under this Act; to provide for the regulation of the operation of bingo games; to provide limitations on the prizes which may be awarded in bingo games; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; to provide for the suspension and revocation of licenses; to provide for inspections; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 30, 1977 (Ga. Laws 1977, p. 1164), relating to the regulation and operation of non-profit bingo games, is hereby amended by adding at the end of Section 1 of said Act, relating to definitions, a new paragraph which shall read as follows:

"GA1978.1.854">

(d) `Bingo session' means a time period during which bingo games are played. Section 2. Said Act is further amended by deleting Section 3, relating to licensing procedures, applications, fees and renewals, in its entirety and inserting in lieu thereof a new section to read as follows: Section 3. Licensing procedures, applications, fees, renewals. Any non-profit, 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 non-profit, tax exempt organization unless such organization has been in existence for twenty-four months immediately prior to the issuance of the license. Such license will expire at midnight on December 31, following the granting of such license. Renewal applications for each calendar year shall be filed with the Commissioner prior to January 1 of each year and shall be on a form prescribed by the State Department of Revenue. Each application for a license and each application for renewal of a license shall contain the following information: (1) The name and home address of the applicant and if the applicant is a corporation, association or other similar legal entity, the names and home addresses of each of the officers of the organization as well as the names and addresses of the directors, or other persons similarly situated, of the organization. (2) The names and home addresses of each of the persons who will be operating, advertising or promoting the bingo game. (3) The names and home addresses of any persons, organizations or other legal entities that will act as surety for the applicant, or to whom the applicant is financially indebted, or to whom any financial obligation is owed by the applicant. (4) A determination letter from the Internal Revenue Service certifying that the applicant is an organization exempt under federal tax law.

"GA1978.1.855">

(5) A determination letter from the Georgia Department of Revenue certifying that the applicant is exempt under the tax laws of the State of Georgia. (6) The location at which the applicant will conduct the bingo games, and if the premises on which the games are to be conducted is to be leased, a copy of the lease or rental agreement. (7) A statement showing the convictions, if any, for criminal offenses, other than minor traffic offenses, of each of the persons listed in 1, 2, and 3 above. (8) Any other necessary and reasonable information which the State Revenue Commissioner may require. The State Revenue Commissioner shall refuse to grant a bingo license to any applicant who fails to fully provide the information required by this section. Section 3. Said Act is further amended by adding a new section, to be numbered Section 3A, which shall read as follows: Section 3A. Certificates. The Commissioner shall, upon the request of any prosecuting attorney or his designee, certify the status of any organization as to that organization's exemption from payment of State income taxes as a non-profit organization. The Commissioner shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a bingo game. Such certificates, properly executed, shall be admissible in evidence in any prosecution and the provisions of Ga. Code Sec. 92-302 relative to the disclosure of income tax information shall not apply to the furnishing of such certificate. Section 4. Said Act is further amended by adding a new section to be designated Section 4A, which shall read as follows: Section 4A. A licensee shall: (1) Own all the equipment used to conduct a bingo game or lease such equipment from an organization that is also licensed to conduct a bingo game.

"GA1978.1.856">

(2) Display its bingo license conspicuously at the location where the bingo game is conducted. (3) Conduct bingo games only at the single location specified in the licensee's application. (4) Not conduct more than one bingo session during any one calendar day and such session shall not exceed five (5) hours. Section 5. Said Act is further amended by striking Section 7 of the Act relating to the revocation of licenses and to the access to premises on which bingo games are operated, in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Revocation of licenses, access to premises by law enforcement agencies. (a) The Commissioner shall have the specific authority to suspend or 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 regulation promulgated hereunder shall be entitled, unless waived, to hearing on the matter of the alleged violation conducted in accordance with the provisions of Ga. Laws 1964, p. 338, as amended, (Ga. Code Ch. 3A). (b) By making application for a license under this Act, every applicant herewith consents that the State Revenue Commissioner, as well as any of his agents, together with any prosecuting attorney as well as any of his agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a bingo game for the purpose of examining the accounts and records of the licensee to determine if a violation of any of the provisions of this Act have occurred. Section 6. Said Act is amended by striking subsection (a) of Section 8, relating to certain contracts, and inserting a new subsection (a) of Section 8 to read as follows: (a) No non-profit 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 or concessions on behalf of the non-profit tax exempt organization.

"GA1978.1.857">

It is the intention of the General Assembly that only non-profit tax exempt organizations which are properly licensed pursuant to this Act shall be allowed to operate bingo games. Section 6 (A). Said Act is amended by adding to Section 8 (d) of the Act the following phrase: provided, however, prizes given shall not exceed $1,100 in cash or gifts of equivalent value during any bingo session or $2,200 in cash or gifts of equivalent value during any calendar week so that subsection (d) of Section 8 of the Act shall read as follows: (d) It shall be unlawful for two or more non-profit 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; provided, however, prizes given shall not exceed $1,100 in cash or gifts of equivalent value during any bingo session or $2,200 in cash or gifts of equivalent value during any calendar week. Section 6 (B). Said Act is amended by adding a new subsection to Section 8 of the Act relating to certain contracts which shall read as follows: (f) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game. Section 7. Said Act is further amended by adding a new section to be identified as Section 8A, which shall read as follows: Section 8A. Prizes. A licensee that conducts or operates a bingo session shall maintain the following records for at least three years from the date on which the bingo session is conducted: (1) An itemized list of the gross receipts for each session. (2) An itemized list of all expenses other than prizes that are incurred in the conducting of the bingo session as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses.

"GA1978.1.858">

(3) A list of all prizes awarded during the bingo session and the name and address of all persons who are winners of prizes of $50.00 or more in value. (4) An itemized list of the recipients, other than the licensee, of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed. (5) A record of the number of persons who participate in any bingo session conducted by the licensee. Section 8. Said Act is further amended by deleting Section 10 of the Act, relating to penalties, in its entirety and substituting in lieu thereof a new Section 10, to read as follows: Section 10. Penalty. Any person who operates a bingo game without a valid license issued by the Commissioner as provided in this Act shall be guilty of commercial gambling as defined in Ga. Code Ch. 26-27 and punished accordingly. 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 similarly guilty of commercial gambling. Any person who violates any other provision of this Act shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations 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 $10,000.00 or both. Section 9. Said Act is further amended by repealing Section 14 of the Act, relating to the expiration date of the Act, in its entirety. 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 9, 1978.

"GA1978.1.859">

FAIR EMPLOYMENT PRACTICES ACT OF 1978. No. 807 (House Bill No. 1711). AN ACT To safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment; to define certain terms; to set forth the purpose of this Act, its construction and effect; to make unlawful certain discrimination; to provide that certain employment practices with respect to discrimination shall not be unlawful; to provide that preferences in employment practices because of imbalances in employment are not permitted; to create the Office of Fair Employment Practices; to provide for an Administrator of said office; to create a Fair Employment Practices Advisory Board; to provide for the Administrator's powers and duties, and legal counsel; to provide for a procedure in investigation of complaints and for the administration and enforcement of this Act; to provide for the appointment of a Special Master; to provide that certain types of affirmative action may be ordered by the Special Master; to provide that the Administrator procedure is exclusive; to provide for judicial review; to make unlawful certain practices by one person, or by two or more persons in conspiracy; to make unlawful the violation of the terms of a conciliation agreement; to provide that agency is no defense in certain proceedings under this Act; to provide for enforcement of orders of the Administrator and Special Master; to provide for civil penalties; to provide for a short title; to provide a severability clause; to provide for a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. In this Act: (a) Administrator means the Administrator of the Office of Fair Employment Practices. (b) Discrimination means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference

"GA1978.1.860">

in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap or age between forty and sixty-five, or the aiding, abetting, inciting, coercing or compelling thereof. (c) Unlawful practice means an act or practice declared to be an unlawful practice in Sections 3, 4, 5, 20 or 21 of this Act. (d) Public employment means employment by any department, board, bureau, commission, authority or other agency of the State of Georgia. (e) Public employer or employer as used in this Act means any department, board, bureau, commission, authority or other agency of the State of Georgia which employs fifteen or more employees within the State for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. The term public employer shall not include any person elected to public office in this State with respect to (1) employees of the employer in positions, or (2) with respect to individuals applying for positions, on such officer's personal staff or on the policy-making level or as immediate advisors with respect to the exercise of the constitutional or legal powers of the office held by such employer, provided, however, the foregoing exemption shall not include such employers with respect to employees, or individuals applying for employment, in positions subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this State. (f) Religion means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation. (g) Handicap means a physical or mental impairment which substantially limits one or more of a person's major life activities. (h) Handicapped individual means any person who

"GA1978.1.861">

(1) has a physical handicap, and such handicap will not substantially interfere with the performance of the employee's duties, (2) has a record of a mental impairment, and such impairment has been shown by competent medical evidence to have been removed. Section 2 . Purposes of law; construction; effect. (a) The general purposes of this Act are: (1) To provide for execution within public employment in the State of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended. (2) To safeguard all individuals in public employment from discrimination in employment. (3) To promote the elimination of discrimination against all individuals in public employment because of such individuals' race, color, religion, national origin, sex, handicap and age; thereby to promote the protection of their interest in personal dignity and freedom from humiliation, to make available to the State their full productive capacities, to secure the State against domestic strife and unrest which would menace its democratic institutions, to preserve the public safety, health and general welfare and to further the interests, rights and privileges of individuals within the State. (b) This Act shall be construed to further the general purposes stated in this Section and the special purposes of the particular provision involved.

"GA1978.1.862">

(c) Nothing in this Act shall be construed as indicating an intent to exclude local or federal laws on the same subject matter not inconsistent with this Act. (d) Nothing contained in this Act shall be deemed to repeal any other nonconflicting law of this State relating to discrimination because of race, color, religion, national origin, sex, handicap or age. Section 3. Employers; discrimination. It is an unlawful practice for an employer: (a) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, national origin, sex, handicap or age between forty and sixty-five; or (b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, national origin, sex, handicap or age between forty and sixty-five; or (c) To hire, promote or advance, segregate or affirmatively hire an individual solely as the result of race, color, religion, national origin, sex, handicap or age between forty and sixty-five. Section 4 . Apprenticeship or training, discrimination. It is an unlawful practice for an employer controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against an individual because of his race, color, religion, national origin, sex, or handicap in admission to or employment in any program established to provide apprenticeship or other training or to discriminate by allowing admission or promotion to an apprenticeship or training solely as the result of race, color, religion, national origin, sex, handicap or age between forty and sixty-five. Section 5 . Advertisement of employment. It is an unlawful practice for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by

"GA1978.1.863">

such an employer indicating any preference, limitation, specification, or discrimination, based on race, color, religion, national origin, sex, handicap or age between forty and sixty-five, except that such a notice or advertisement may indicate a preference, limitation or specification based on religion, national origin, sex, handicap or age between forty and sixty-five, when religion, national origin, sex, handicap or age between forty and sixty-five is a bona fide occupational qualification for employment. Section 6 . Religion or national origin, employment discrimination is not unlawful in certain cases. Notwithstanding any other provisions of this Act, it is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program, on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Section 7 . Discrimination in wages or conditions not unlawful when made on basis other than race, color, religion or national origin, sex, handicap or age. Notwithstanding any other provision of this Act, it is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, handicap or age between forty and sixty-five; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results thereof is not designed, intended or used to discriminate because of race, color, religion, national origin, sex, handicap or age between forty and sixty-five. Section 8 . Preference because of imbalance in employment not permitted. (a) Quotas because of imbalances in employee ratios shall not be permitted. (b) Nothing contained in this Act requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, handicap or age between

"GA1978.1.864">

forty and sixty-five of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, handicap or age between forty and sixty-five in the State or a community, section or other area, or in the available work force in the State or a community, section or other area. (c) Nothing contained in this Act prohibits: (1) Minimum hiring ages otherwise provided by law. (2) State compliance with federal regulations. (3) Termination of the employment of any person who is unable or incompetent or refuses to perform his duties. (4) Any Physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held. (5) An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this Act. Section 9 . Fair Employment Practices Advisory Board. (a) A Fair Employment Practices Advisory Board is hereby created. The Board shall consist of nine persons. The members of the Board shall be appointed, subject to the confirmation by the Senate, by the Governor for three-year terms, except as hereafter provided. Of the Governor's initial appointments, three shall be for one-year terms, three shall be for two-year terms, three shall be for three-year terms. In the event of a vacancy during the term of any member appointed by the Governor, whether by reason of death, resignation or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term. (b) The Board shall annually elect a chairman and such other officers as it deems appropriate and shall meet at least three times a year at a time and place specified in writing by the Administrator. The Board may also meet from time to time upon its own motion as deemed necessary by a majority of the members thereof for the purposes

"GA1978.1.865">

of conducting routine or special business. Each member of the Board shall serve without pay but the members who are not otherwise State officials or employees shall receive a per diem of $44.00 for each day said members are engaged in their official duties and the legal mileage allowance authorized for State employees for the use of their personal automobiles while engaged in the official duties of the Board. (c) The Board shall assist the Administrator in an advisory capacity in carrying out the duties and functions of the office including, but not limited to, matters relating to fair employment practices and the effectiveness of the State programs and operations. (d) The Board shall make a written report to the Governor by December 31 each year. Such report shall advise the Governor of the Board's activities and the administration of this Act, with such recommendation for change, if any, as the Board deems proper. Section 10 . Administrator. There is hereby created the Office of Fair Employment Practices. The Governor shall appoint an Administrator of the office of Fair Employment Practices, who shall serve at the pleasure of the Governor. The office of Fair Employment Practices shall be attached to the office of the Governor for administrative purposes only. Section 11 . Administrator's function. The function of the Administrator shall be to encourage fair treatment for and to discourage unlawful discrimination in public employment. Section 12 . Administrator's powers and duties; legal counsel. (a) The powers and duties of the Administrator shall be: (1) To employ all necessary personnel subject to the limitation of available funds. (2) To conduct research projects or make studies into and publish reports on unlawful practices in public employment. (3) To receive and investigate complaints of unlawful practices.

"GA1978.1.866">

(4) To cooperate with other organizations, public and private, to discourage unlawful practices. (5) To make an annual report to the Governor and the General Assembly of its activities under this Act. (6) In the event the Administrator determines that there is reasonable cause to believe that an agency or authority has engaged in an unlawful practice as defined in this Act, and the Administrator's staff is unable to eliminate the alleged unlawful practice by conference, conciliation and persuasion, the Administrator shall refer the complaint to a Special Master as hereinafter provided for. (b) The Attorney General shall be the legal counsel for the Administrator. Except as otherwise provided in this Act, the Attorney General, or such member or members of his staff as he may designate, shall advise the Administrator in legal matters arising in the discharge of his duties and shall represent the Administrator in legal actions to which he is a party. Section 13. Additional powers and duties. In the enforcement of this Act the Administrator shall have the following powers and duties: (a) To maintain an office in the City of Atlanta and such other offices within the State as may be deemed necessary. (b) To meet and exercise his powers at any place within the State. (c) Within the limitations provided by law, to appoint clerks and other employees and agents as he may deem necessary. (d) To cooperate with State, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies. (e) To cooperate with the United States Equal Employment Opportunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, in order to achieve the purposes of that Act, and with other federal and local agencies in order

"GA1978.1.867">

to achieve the purposes of that Act, and with other federal and local agencies in order to achieve the purposes of this Act. (f) To accept gifts or bequests, grants or other payments, public or private, on behalf of the State of Georgia and to pay such monies into the State Treasury. (g) To accept on behalf of the State of Georgia reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the Federal Equal Employment Opportunity Commission. (h) To receive, initiate, investigate and seek to conciliate complaints alleging violations of this Act. (i) To furnish technical assistance requested by persons subject to this Act to further their compliance with this Act or an order issued thereunder. (j) Upon the approval of the Board, to make studies appropriate to effectuate the purposes and policies of this Act and upon approval of said Board to make the results thereof available to the public. (k) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the Administrator for legislative or other action to effectuate the purposes and policies of this Act. (l) To make provision for technical and clerical assistance to the Fair Employment Practices Advisory Board. (m) To apply to the Federal Equal Employment Opportunity Commission for status as a deferral agency under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said Commission, or as a referral agency under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended. Section 14. Complaints of discrimination in employment; procedure; conciliation agreements, enforcement. (a) An individual claiming to be aggrieved by an unlawful practice or other person on

"GA1978.1.868">

behalf of an individual claiming to be aggrieved by an unlawful practice may file with the Administrator a written sworn complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the Administrator to identify the employer charged (hereinafter the respondent). The Administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within 15 days of filing serve the respondent with a copy of the complaint. The complaint shall be barred unless filed within one hundred eighty days after the alleged unlawful practice occurs. (b) The Administrator shall determine within a reasonable time after the complaint has been filed whether there is reasonable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint. (c) The complainant, within 10 days after receiving a copy of the order dismissing the complaint, may file with the Administrator an application for reconsideration of the order. Upon such application, the Administrator shall make a new determination within fifteen days whether there is reasonable cause to believe that the respondent has engaged in an unlawful practice. If it is again determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint. (d) If the Administrator determines, after investigation, or if the Administrator determines after the review provided for in subsection (c) above, that there is reasonable cause to believe that the respondent has engaged in an unlawful practice, the Administrator's staff shall first endeavor to eliminate the alleged unlawful practice by conference, conciliation and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the Administrator and the respondent. If a conciliation agreement is entered into, the Administrator shall issue and serve on the complainant a final order stating its terms. Except for the terms of the conciliation agreement, neither the Administrator nor any

"GA1978.1.869">

agent thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in the particular case to eliminate an unlawful practice by conference, conciliation or persuasion whether or not there is a determination of reasonable cause or a conciliation agreement. (e) At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the Administrator's staff may investigate whether the terms of the agreement have been and are being compiled with by the respondent. The Administrator shall report his findings to the complainant and the respondent. Section 15. Notice and hearing, procedure. (a) Within 60 days after a complaint is filed, unless the Administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement, the Administrator shall request that the Governor appoint a Special Master to conduct a hearing in accordance with the provisions of this Act. Not more than 15 working days after such request, the Governor shall select and appoint a Special Master, who must be an attorney licensed to practice law in the State of Georgia. The Special Master shall have all of the power and authority granted to agencies in conducting hearings and rendering final orders under the Georgia Administrative Procedure Act, including, but not limited to, subpoena power. (b) Not more than seven days after the appointment of the Special Master, the Administrator shall serve on the respondent and on the complainant or his attorney by registered or certified mail a written notice, together with a copy of the complaint, requiring the respondent to answer the charges contained therein at a hearing before the Special Master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (c) The respondent shall serve an answer with the Special Master by registered or certified mail not more than 20 working days after receipt of the notice of hearing which 20 working days may be extended by the Special Master, in his discretion, for an additional time not to exceed 10 working days. The respondent must serve a copy of his answer on the complainant or his attorney. Upon leave of the Special Master, the complainant may amend the

"GA1978.1.870">

charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the Special Master, may amend thereafter. No final order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. At any time after a notice of hearing is served upon a respondent, discovery shall be authorized in the same manner and fashion as discovery is permitted under the provisions of Sections 26 through 37 of Ga. Laws 1966, p. 609, as amended. Any order contemplated in the aforesaid Sections 26 through 37 may be issued by the Special Master. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Section 23 of this Act. (d) Efforts at conference, conciliation and persuasion shall not be received in evidence. (e) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant and may offer evidence. The complainant and, in the discretion of the Special Master, any other person may intervene, examine and cross-examine witnesses and present evidence. (f) If the respondent fails to answer the complaint, the Special Master may enter his default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint. (g) Testimony taken at the hearing shall be under oath and stenographically, or otherwise, recorded by a certified court reporter. After the hearing, in his discretion, the Special Master, upon notice to all parties with an opportunity to be present, may take further evidence or hear argument. (h) Except as otherwise specifically provided for in this Act, all proceedings of the Special Master shall be conducted as provided for with respect to contested cases in the Georgia Administrative Procedure Act.

"GA1978.1.871">

(i) A complainant may retain, at his own expense, private counsel to represent him in any proceeding provided for under this Act. Section 16. Findings of Special Master; orders; nature of affirmative action. (a) If the Special Master determines that the respondent has not engaged in an unlawful practice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order dismissing the complaint. If the Special Master or Administrator should find the filing of the complaint or charge as frivolous, the respondent may be awarded reasonable damages not to exceed $1,000.00 to be paid by the complainant. Said damages may be awarded by the Special Master upon a proper finding that the complaint or charge was brought in bad faith or was frivolous. (b) If the Special Master determines that the respondent has engaged in an unlawful practice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order requiring the respondent to cease and desist from the unlawful practice and to take remedial action as in the judgment of the Special Master will carry out the purposes of this Act. (c) Remedial action under this Section may include, but is not limited to: (1) Hiring, reinstatement or upgrading of employees with or without back pay. No award of back pay shall be ordered pursuant to this Act with respect to any period more than two years prior to the date of the filing with the Administrator of the complaint with respect to which such award of back pay is ordered. Interim earnings, unemployment benefits, workmen's compensation benefits or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. (2) Admission or restoration of individuals to participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program and the utilization of objective criteria in the admission of individuals to such programs.

"GA1978.1.872">

(3) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent. (4) Reporting as to the manner of compliance. (5) Posting notices in conspicuous places in the respondent's place of operation in form prescribed by the Administrator or Special Master. (6) Restoration of employment benefits not otherwise specified herein. (7) Any monetary award ordered pursuant to this Act shall be for actual damages only. (d) The respondent shall comply without delay with the terms and conditions of such a final order. Section 17. Judicial review; representation. (a) Any party to a hearing before a Special Master may appeal any adverse final order of a Special Master by filing a petition for review in the superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent. Neither the Administrator nor the Special Master shall be a named party; however, the Administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the Administrator, the Administrator shall forward to the court a certified copy of the record of the hearing before the Special Master including the transcript of the hearing before the Special Master, all evidence, administrative pleadings and orders. All appeals for judicial review shall be in accordance with the Georgia Administrative Procedure Act, provided however, if any provisions of the Georgia Administrative Procedure Act conflict with any provision of this Act, this Act controls. (b) The court shall not substitute its judgment for that of the Special Master as to the weight of the evidence on questions of fact. The court may affirm a final order of the Special Master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

"GA1978.1.873">

(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions or decisions; (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Section 18. Investigations, powers, records, confidential nature of. (a) In connection with an investigation of a complaint of an unlawful practice filed under this Act, the Administrator and the respondent or their designees at any reasonable time shall have access to premises, records and documents relevant to the complaint and the right to examine, photograph and copy evidence. (b) An employer or other person who believes that the application to them of an order issued under this Act would result in undue hardship may apply to the Administrator for relief from the application of the order. If the Administrator finds that the application of the regulation or order to the employer or person in question would impose an undue hardship, the Administrator may grant appropriate relief. (c) It is unlawful for the Administrator or employee of the Administrator to make public with respect to a particular employer or person, without his consent, information obtained by the Administrator pursuant to his authority under this Section except as shall reasonably be necessary to the conduct of a proceeding under this Act. Section 19. Administrator procedure exclusive. Neither the Administrator, a Special Master nor any court of this State shall take jurisdiction over any claim of any unlawful practice under this Act while a claim of the same person seeking relief for the same grievance

"GA1978.1.874">

is pending. A final determination of a claim alleging an unlawful practice under this Act shall exclude any other action or proceeding brought by the same person based on the same grievance. Section 20. Conspiracy to violate this Act unlawful. It shall be unlawful practice for a person, or for two or more persons to conspire: (a) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing concerning an unlawful practice under this Act; or (b) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or (c) To obstruct or prevent a person from complying with the provisions of this Act or any order issued thereunder; or (d) To resist, prevent, impede or interfere with the Administrator or any of his representatives or a Special Master in the lawful performance of duty under this Act; provided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or his representatives or a Special Master is acting unlawfully or acting in excess of his statutory authority; or (e) To willfully initiate frivolous and unwarranted charges of discrimination against a public employer. Section 21. Conciliation agreements, violation unlawful. It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (d) of Section 14 of this Act to violate the terms of the agreement. Section 22. Agency is no defense in certain proceedings under this Act. It shall not be a defense to a violation of this Act by any person subject to the provisions of this Act that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this Act.

"GA1978.1.875">

Section 23. Enforcement of orders of the Administrator and Special Master. Any person, other than the Administrator or a Special Master, affected by a final order of the Administrator or a Special Master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the Administrator or of a Special Master unappealed from, or of a final order of a Special Master 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 24. Conspiracy or violation of confidential records, penalty. A person who willfully engages in any of the following unlawful practices may be punished civilly by a fine not to exceed $1,000.00. (a) For the Administrator or employee of the Administrator to make public with respect to a particular employer or person, without his consent, information obtained by the Administrator pursuant to his authority under Section 19 except as shall reasonably be necessary to the conduct of a proceeding under this Act; or (b) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing concerning an unlawful practice under this Act; or (c) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or (d) To obstruct or prevent a person from complying with the provisions of this Act or any order issued thereunder; or (e) To resist, prevent, impede or interfere with the Administrator or any of his representatives or a Special Master in the lawful performance of duty under this Act; provided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or

"GA1978.1.876">

his representatives or a Special Master is acting unlawfully or acting in excess of his statutory authority; or (f) To willfully initiate frivolous and unwarranted charges of discrimination against a public employer; (g) The violation of this Section shall not be deemed a crime but shall be punished by a civil fine only. Section 25. Short title. This Act shall be known and may be cited as the Fair Employment Practices Act of 1978. Section 26. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 27. Specific repealer. This Act shall be repealed on July 1, 1980, unless extended or provided otherwise by the General Assembly. Section 28. Effective date. This Act shall become effective on June 1, 1978. Section 29. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1978.

"GA1978.1.877">

LEASE OF LAND TO PELHAM DEVELOPMENT AUTHORITY. No. 87 (House Resolution No. 665-1858). A RESOLUTION Authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; and for other purposes. WHEREAS, the building and shed located on the State Farmers Market at Pelham, Mitchell County, Georgia, known as the most northern shed in said market site is currently leased to the Pelham Development Corporation under a lease agreement entered into on the 8th day of February, 1968; and WHEREAS, said lease expired on February 7, 1978; and WHEREAS, said tract of land is more particularly described as follows: All that tract and parcel of land lying and being in land lots Nos. 267 and 268, 10th Land District, Mitchell County, Georgia, and more particularly described as follows: Beginning at a point on the Easterly side of the right-of-way of Georgia State Highway No. 3 which said point is located 122 feet North 1 30[UNK] East of the point where the Easterly side of the right-of-way of Georgia State Highway No. 3 intersects the original land lot line dividing Land Lots 267 and 268; thence from said beginning point proceeding North 88 30[UNK] East a distance of 733.5 feet to a point; thence proceeding South 10 30[UNK] West a distance of 205 feet to a point; thence proceeding South 88 30[UNK] West a distance of 733.5 feet to a point on the Easterly side of the right-of-way of Georgia State Highway No. 3; thence proceeding North 1 30[UNK] East along the Easterly side of the right-of-way on Georgia State Highway No. 3, East a distance of 205 feet to point of beginning. Said property is shown and delineated on a plat prepared by N. R. Singletary, Commissioned Land Surveyor, Thomas County, Georgia, a copy of which was heretofore attached as `Exhibit A' to that certain Resolution previously authorizing the lease of the said

"GA1978.1.878">

property to the Pelham Development Corporation (Ga. Laws 1972, p. 892) and reference to that plat is made for a more particular description.; and WHEREAS, the Pelham Development Corporation can use such property to the great benefit of the public. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to lease the hereinabove described tract of land for an additional period of five years to commence on March 1, 1978, to the Pelham Development Corporation, subject to the following conditions: (1) That the consideration for the lease shall be $600.00 per month for each month during the term of the lease and that the other terms and conditions of the lease be mutually agreed upon by the Pelham Development Corporation and the State Properties Commission, or its successor. (2) That the lease of the said tract of land shall be approved by the State Properties Commission, or its successor. Approved March 9, 1978. BRUNSWICK JUDICIAL CIRCUITTERMS. No. 810 (House Bill No. 1845). AN ACT To fix the terms of the Superior Courts of the Brunswick Judicial Circuit in the counties comprising said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.879">

Section 1. The terms of the superior courts in the counties comprising the Brunswick Judicial Circuit shall be as follows: (a) The terms of the Superior Court of Appling County shall commence on the second and third Mondays in February and the third and fourth Mondays in October. (b) The terms of the Superior Court of Camden County shall commence on the first Monday in April and November. (c) The terms of the Superior Court of Glynn County shall commence on the second Monday in January, May, and September. (d) The terms of the Superior Court of Jeff Davis County shall commence on the first and second Mondays in March and the fourth Monday in September and the first Monday in October. (e) The terms of the Superior Court of Wayne County shall commence on the third and fourth Mondays in April and November. Section 2. This Act shall become effective on July 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1978. GRIFFIN JUDICIAL CIRCUITSUPPLEMENT TO JUDGES AND DISTRICT ATTORNEY. No. 821 (House Bill No. 1875). AN ACT To amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. Laws 1923, p. 68), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3133), so as

"GA1978.1.880">

to change the provisions relating to the supplement to the salary of the Judges and District Attorney of the Griffin 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 the Griffin Judicial Circuit, approved August 17, 1923 (Ga. Laws 1923, p. 68), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3133), is hereby amended by striking Section 6A of said Act in its entirety and inserting in lieu thereof a new Section 6A, to read as follows: Section 6A. The governing authorities of Fayette County, Pike County, Spalding County and Upson County, the four counties comprising the Griffin Judicial Circuit, are hereby authorized to provide from county funds a supplement to the compensation of each judge received from State funds, and the district attorney received from State funds. The amount of such supplement for each judge shall be $7,500 per annum, and the amount of such supplement for the district attorney shall be $5,000 per annum. Said amounts shall be paid monthly by the counties comprising the Griffin Judicial Circuit in proportion to and prorated according to the population of said counties as shown by the United States Decennial Census of 1970, out of the treasuries of such counties comprising said circuit in the following proportion and amounts according to the population, as shown by the 1970 Census, to wit: Spalding County shall pay the sum of $293.75 per month as a salary supplement for each judge and the sum of $195.83 per month as a salary supplement for the district attorney; Upson County shall pay the sum of $200.00 per month as a salary supplement for each judge and the sum of $133.33 per month as a salary supplement for the district attorney; Fayette County shall pay the sum of $68.75 per month as a salary supplement for each judge and the sum of $45.83 per month as a salary supplement for the district attorney; Pike County shall pay the sum of $62.50 per month as a salary supplement for each judge and the sum of $41.67 per month as a salary supplement for the district attorney. It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary supplement assessed against each of said

"GA1978.1.881">

counties, and to pay the same as provided in this Act. The salary supplement of each judge and the district attorney is hereby made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is hereby delegated to said county governing authorities. 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 1978 Session of the General Assembly of Georgia, a Bill to authorize the governing authority of Spalding County, Georgia, to provide for a supplement to the salary of each judge of the superior court and the district attorney of the Griffin Judicial Ciruit and for other purposes. This the 28th day of December, 1977. /s/ Maureen C. Jackson as Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he/she is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates: December 31, 1977, January 7 and January 14, 1978. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).

"GA1978.1.882">

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to authorize the governing authority of Fayette County, Georgia, to provide for a supplement to the salary of each Judge of the Superior Court and the District Attorney of the Griffin Judicial Circuit, to repeal conflicting laws and for other purposes. PUBLISHER'S AFFIDAVIT Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 14, 1977, December 21, 1977 and December 28, 1977. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 28th day of December, 1977. /s/ Louisa Melton Notary Public, Georgia State at Large. My Commission Expires December 13, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to authorize the governing authority of Pike County, Georgia, to provide for a supplement to the salary of each judge of the superior court and the

"GA1978.1.883">

district attorney of the Griffin Judicial Circuit and for other purposes. This 11th day of January, 1978. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Peter Banks Senator, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones, who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: January 12, 1978, January 19, 1978 and Jaunary 26, 1978. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

"GA1978.1.884">

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to authorize the governing authority of Upson County, Georgia, to provide for a supplement to the salary of each Judge of the Superior Court and the District Attorney of the Griffin Judicial Circuit and for other purposes. /s/ Marvin Adams Representative in the General Assembly for the 79th House District of Georgia /s/ Peter L. Banks Senator, 17th Senatorial District of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times and Free Press which is the official organ of Upson County, on the following dates: January 11, 1978, January 18, 1978 and January 25, 1978. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

"GA1978.1.885">

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to authorize the governing authority of Pike County, Georgia, to provide for a supplement to the salary of each judge of the superior court and the district attorney of the Griffin Judicial Circuit and for other purposes. This 11th day of January, 1978. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Peter Banks Senator, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he/she is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: January 12, 1978, January 19, 1978 and January 26, 1978. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

"GA1978.1.886">

ROME JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEY. No. 876 (Senate Bill No. 418). AN ACT To amend an Act placing the District Attorney of the Rome Judicial Circuit on an annual salary, approved February 28, 1956 (Ga. Laws 1956, p. 385), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 235), so as to change the qualifications and 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. Laws 1956, p. 385), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 235), is hereby amended by striking from Section 6 the following: No person is eligible to such appointment who has not been a resident citizen of this State for three (3) years next preceding his appointment, and who does not permanently reside in said circuit at the time of his appointment, and who has not attained the age of twenty-five (25) years, and who has not been duly admitted and licensed to practice law in the superior courts for at least three (3) years., and inserting in lieu thereof the following: Any Assistant District Attorney employed pursuant to this Act shall be a member of the State Bar of Georgia, and shall be admitted to practice before the appellate courts of this State., so that Section 6, when so amended, shall read as follows: Section 6. Said District Attorney is hereby authorized to appoint an Assistant District Attorney to serve at the pleasure of said

"GA1978.1.887">

District Attorney, and to perform such duties as may be assigned by the said District Attorney. Any Assistant District Attorney employed pursuant to this Act shall be a member of the State Bar of Georgia, and shall be admitted to practice before the appellate courts of this State. Section 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7, to read as follows: Section 7. 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 Code Section 24-2919.1, relating to compensation of Assistant District Attorneys, as now or 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 Code Section. 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 from county funds in equal monthly installments. 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 1978 session of the General Assembly of Georgia, a bill to conform to state standards the compensation and qualifications of the Assistant District Attorney of the Rome Judicial Circuit; and for other purposes. This 12th day of December, 1977. /s/ Sam W. Doss, Jr. Senator, 52nd District /s/ E. M. Buddy Childers Representative, 15th District /s/ Lucian Oldham Representative, 15th District /s/ E. B. Toles Representative, 16th District

"GA1978.1.888">

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: December 14, 21, 28, 1977. /s/ Sam W. Doss, Jr. Senator, 52nd District Sworn to and subscribed before me, this 11th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. GEORGIA ELECTRICAL CONTRACTORS ACT AMENDED. No. 910 (House Bill No. 902). AN ACT To amend an Act known as the Georgia Electrical Contractors Act, approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 425), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1228) so as to establish two classes of licenses; to authorize and direct the Board to prepare separate examinations for each class of licenses; to provide exemptions under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.889">

Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Electrical Contractors Act, approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 425), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1228) is hereby amended by adding a new Section 16A, immediately following Section 16, to read as follows: Section 16A. Any other provisions of this Act to the contrary notwithstanding, the Board is hereby authorized and directed to prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. No Class I license shall be issued by the Board without an examination of the applicant for the purpose of ascertaining his qualifications for such work, but no such examination shall be required for the annual renewal of such Class I license: Provided, however, that persons who, on July 1, 1974 possessed a master's license for electrical work issued to them by any governing authority of any political subdivision in the State of Georgia and who were actively engaged in the electrical contracting business and who maintained an office for said business on said date shall be granted a State Class I license by the Board under this Chapter without an examination upon the payment of all applicable fees. The provisions of this section, relative to the issuance of a Class I license without an examination, shall remain in effect until six months after the effective date of this Act, after which time any person desiring to obtain a Statewide Class I license shall be required to stand the examination prescribed by the Board and attain a passing grade. 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 13, 1978.

"GA1978.1.890">

MUNICIPALITIESSALE OF REAL PROPERTY. Code Section 69-318 Amended. No. 975 (House Bill No. 65). AN ACT To amend Code Section 69-318, relating to sale of municipal property, as created by an Act approved March 5, 1976 (Ga. Laws 1976, p. 351), so as to authorize the sale by municipalities of certain cemetery lots and certain real property in established industrial parks or in municipally designated industrial development areas; 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 69-318, relating to sale of municipal property, as created by an Act approved March 5, 1976 (Ga. Laws 1976, p. 351), is hereby amended by striking from the second paragraph thereof the following: any lots from a municipal cemetery or, and by inserting in the second paragraph, after the symbols and words, $500 or less, the following: and lots from any municipal cemetery, regardless of value,, so that when so amended the said second paragraph of Code Section 69-318 shall read as follows: Notwithstanding the foregoing provisions of this Section, the governing authority of any municipal corporation is hereby authorized to sell personal property belonging to the municipal corporation

"GA1978.1.891">

with an estimated value of $500 or less and lots from any municipal cemetery, regardless of value, without regard to the foregoing provisions of this Section. Such sales may be made in the open market without advertisement and without the acceptance of bids. The estimation of the value of any personal property to be sold shall be in the sole and absolute discretion of the governing authorities of the municipality or their designated agent. Provided, however, nothing herein shall prevent a municipality from trading or swapping property with another property owner, if said trade or swap is deemed to be in the best interest of the municipality. Section 2. Said Code Section is further amended by adding a new paragraph at the end thereof, to read as follows: Notwithstanding the foregoing provisions of this Section, the governing authority of any municipal corporation is hereby authorized to sell real property in established municipal industrial parks or in municipally designated industrial development areas for industrial development purposes without regard to the foregoing provisions of 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 14, 1978. PROBATE COURTSDISQUALIFICATION OF JUDGES, CLERKS. Code Sections 24-1710, 24-1802 Amended. No. 976 (House Bill No. 132). AN ACT To amend Code Title 24, relating to courts, as amended, so as to authorize the clerk of the judge of the probate court to exercise the

"GA1978.1.892">

jurisdiction of the judge of the probate court in certain causes when the judge of the probate court is disqualified or unable to act; to delete the authority for the clerk of the superior court to exercise the jurisdiction of the judge of the probate court in such causes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 24, relating to courts, as amended, is hereby amended by striking in Code Section 24-1710, relating to proceedings of the probate court when the judge of the probate court is disqualified or unable to act, the following wherever it appears: clerk of the superior court, and substituting in lieu thereof, the following: clerk of the judge of the probate court, and by adding following the second sentence of said Code Section, the following: A clerk of the judge of the probate court is not authorized by this Section to exercise the jurisdiction of the judge of the probate court in county matters as provided in Article VI, Section VI, Paragraph II(a) of the Constitution of 1976., so that when so amended, Code Section 24-1710 shall read as follows: 24-1710. Proceedings when judge of probate court disqualified.Whenever a judge of the probate court is disqualified to act in any cause or because of sickness, absence, or for any other reason is unable to act in any cause, the judge of the city court or the county court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in such cause. If there be no judge or if for some reason such judge cannot serve in such cause, the clerk of

"GA1978.1.893">

the judge of the probate court shall exercise all the jurisdiction of the judge of the probate court in such cause. A clerk of the judge of the probate court is not authorized by this Section to exercise the jurisdiction of the judge of the probate court in county matters as provided in Article VI, Section VI, Paragraph II(a) of the Constitution of 1976. If for any reason the clerk of the judge of the probate court cannot serve in such cause, the judge of the superior court shall appoint a person to serve and exercise the jurisdiction of the judge of the probate court in such cause. The compensation of the person serving as herein provided shall be fixed by the board of county commissioners, or, in those counties which have no county commissioners, by the judge of the superior court. Such compensation shall be paid from the general funds of the county. All fees collected during such service shall be paid into the general funds of the county. Section 2. Said Code Title is further amended by adding at the end of Code Section 24-1802, relating to the powers of the clerk of the judge of the probate court, the following: and may act for the judge of the probate court in those causes in which he is authorized to act for the judge of the probate court by Code Section 24-1710, so that when so amended, Code Section 24-1802 shall read as follows: 24-1802. Powers of clerk.Such appointed clerks may do all acts the judges of the probate courts could do, not judicial in their nature and may act for the judge of the probate court in those causes in which he is authorized to act for the judge of the probate court by Code Section 24-1710. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.894">

GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT. No. 977 (House Bill No. 113). AN ACT To establish the Georgia Justice Courts Training Council; to provide a short title; to provide for its membership; to provide for the manner in which it shall conduct its business; to define certain terms; to prescribe the powers and functions of the Council; to provide for the administration of the policies and programs established by the Council; to establish mandatory training requirements of justices of the peace; to require a certificate of training of justices of the peace; to provide for injunctions; to prohibit certain justices of the peace to charge or collect any fees, charges or costs without being certified; to provide for rules and regulations; to provide for practice and procedure; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as The Georgia Justice Courts Training Council Act. Section 2. Definitions. The following words and phrases when used in this Act shall have the following meanings: (a) Council means the Georgia Justice Courts Training Council as hereinafter provided. (b) School means any school, college, university, academy or training program approved by the Council and the Judicial Council of Georgia and which offers basic, in-service, or advanced or specialized or continuing judicial training, or a combination thereof, which includes within its meaning a combination of course curriculum, instructors and facilities which meet the standards required by the Council.

"GA1978.1.895">

(c) Certified justice of the peace means a justice of the peace who has the appropriate required certificate of training issued by the Council on file with the probate court in the county in which the justice of the peace serves. (d) Justice of the peace means justices of the peace and notary public ex officio justices of the peace. Section 3. Georgia Justice Courts Training Council, Creation, Name, Membership, Appointment, Election, Terms. (a) There is hereby established a Council which shall be known and designated as the Georgia Justice Courts Training Council and shall be composed of the director of the administrative office of the courts or his designee, which member shall not be a voting member, and five justices of the peace, either elected or appointed notary public ex officio justices of the peace who shall be voting members of the Council. The five justices of the peace shall be appointed by the Governor for terms of two years, provided that the initial appointments shall be three justices for two-year terms and two justices for one-year terms. (b) Membership on the Council does not constitute public office and no member shall be disqualified from holding office by reason of his membership. Section 4. Oath of Office by Council, Certificate of Appointment. Immediately and before entering upon the duties of said office, the members of the Georgia Justice Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council, which, upon receiving said oath of office, shall issue to each member a certificate of appointment. Section 5. Organization of Council; Officers; Quorum; Minutes; Reports. (a) The Council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect a chairman and a vice chairman from among its members who shall serve until the first meeting in the succeeding year. Thereafter, the chairman and vice chairman shall be elected at the first meeting of each calendar year.

"GA1978.1.896">

(b) The director of the administrative office of the courts or his designee shall serve as Secretary to the Council. (c) A simple majority of the members of the Council shall constitute a quorum for the transaction of business. (d) The Council shall maintain minutes of its meetings and such other records as it deems necessary. (e) The Council shall report at least annually to the Governor and to the General Assembly as to its activities. Section 6. Same; Compensation . The members of the Council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such expenses shall not exceed those allowed to members of the General Assembly. Section 7. Training Certification Requirements . (a) Any person who is in office as a justice of the peace on July 1, 1978, shall satisfactorily complete twenty hours of training in the performance of his duties and shall place a certificate of training on file with the judge of the probate court of the county in which he serves by July 1, 1979, in order to become a certified justice of the peace. (b) Any person who is elected or appointed as a justice of the peace after July 1, 1978, and who was not serving as a justice of the peace on July 1, 1978, shall satisfactorily complete forty hours of training in the performance of his duties and shall place a certificate of training on file with the judge of the probate court of the county in which he serves within one year from the date of his election or appointment in order to become a certified justice of the peace. (c) Any person who is in office as a justice of the peace on July 1, 1978, or who is elected or appointed after July 1, 1978, and who does not satisfactorily complete the training required by subsections (a) or (b) of this Section or who does not place a certificate of training on file within the time periods required by subsections (a) or (b) shall become a certified justice of the peace upon completion of the requirements therefor at any later time.

"GA1978.1.897">

(d) In order to maintain the status of a certified justice of the peace, each person certified as such shall complete twenty hours of additional training per annum during each year in which he serves as a justice of the peace and shall file a certificate of additional training with the judge of the probate court in the county by the anniversary of the date on which he originally became a certified justice of the peace. If such certificate of additional training is not filed by such date, such person shall cease to be a certified justice of the peace as of such anniversary date and shall not again become a certified justice of the peace until he completes twenty hours of training for each year of service, or fraction thereof, as a justice of the peace following the date on which he ceased to be a certified justice of the peace. (e) No person serving as a justice of the peace shall charge or collect any fees, charges or costs of any kind, including those fees specified in Code Section 24-1601, for his services as a justice of the peace unless: (1) he is a certified justice of the peace; or (2) he has been in office as a justice of the peace for less than one year since July 1, 1978. Section 8. Functions, Powers and Responsibilities . The Council is vested with the following functions, powers and responsibilities: (a) to make all the necessary rules and regulations to carry out the provisions of this Act; (b) to cooperate with and secure the cooperation of every department, agency or instrumentality in the State government or its political subdivisions in furtherance of the purposes of this Act; (c) to approve schools and to prescribe minimum qualifications for instructors at approved schools; (d) to issue a certificate of certification to any justice of the peace satisfactorily complying with an approved training program established;

"GA1978.1.898">

(e) to do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; (f) to prescribe, by rules and regulations, the minimum requirements for curricula and standards composing the initial in-service, advanced, specialized, continuing training courses for certification. Section 9. Injunctions Against Violations . On its own initiative or on the verified complaint of any person that any person has or is performing the duties of a justice of the peace in violation of the provisions of this Act, the Council may file an equitable petition in its own name in the superior court of any county in this State having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction against such persons restraining them from violating the provisions of this Act; and upon proof thereof, the court shall issue such restraining order, temporary injunction or permanent injunction without requiring allegation of proof that the petitioner has no adequate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the Council has. Section 10. 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 11. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.899">

COURTS OF RECORDMINUTES. Code Section 24-107 Repealed. No. 978 (House Bill No. 138). AN ACT To repeal Code Section 24-107, relating to the requirement that minutes of courts of record be read and signed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 24-107, relating to the requirement that minutes of courts of record be read and signed, which reads as follows: 24-107. Minutes to be read and signed.The minutes of every court of record must be read each morning by the clerk in open court, and, on the adjournment of the court, must be signed by the judge, judges, or justices thereof; but, if not signed, are valid, unless repudiated by the court., is hereby repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.900">

ABSENTEE BALLOTS IN CERTAIN COUNTIES (600,000 OR MORE). Code Section 34-1406.1 Enacted. No. 979 (House Bill No. 1702). AN ACT To amend Code Chapter 34-14, relative to absentee voting, as amended, so as to provide that 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, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's office or place of registration for the purpose of receiving and voting absentee ballots; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 34-14, relative to absentee voting, as amended, is hereby amended by adding between Code Sections 34-1406 and 34-1407 a new Code Section to be designated Code Section 34-1406.1 and to read as follows: 34-1406.1. Absentee ballots in certain counties . Any other provisions of this Title to the contrary notwithstanding, 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, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's office or place of registration for the purpose of receiving absentee ballots under Code Section 34-1402 and for the purpose of voting absentee ballots under Code Section 34-1406. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.901">

MOTOR VEHICLESDUPLICATE REGISTRATION CERTIFICATES. Code Section 68-206 Enacted. No. 980 (House Bill No. 204). AN ACT To amend Chapter 68-2 of the Code of Georgia of 1933, as amended, providing for the licensing of motor vehicles and chauffeurs, so as to provide for the issuance of duplicate registration certificates; to provide for a duplicate registration certificate fee; 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 68-2 of the Code of Georgia of 1933, as amended, providing for the licensing of motor vehicles and chauffeurs, is hereby amended by adding the following new Section, to be designated Section 68-206, which shall read as follows: 68-206. Duplicate registration certificates; fee. If a registration certificate, issued under this Chapter, is lost, stolen, mutilated, or destroyed, or becomes illegible, the registered owner shall promptly make application for a duplicate registration certificate to the State Revenue Commissioner. The State Revenue Commissioner, upon receipt of an application and fee of $.50, shall issue the registered owner a duplicate registration certificate. 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 14, 1978.

"GA1978.1.902">

COMMISSIONER OF OFFENDER REHABILITATION, SALARY. No. 981 (House Bill No. 1116). AN ACT To amend an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Act No. 755, House Bill 262 of the 1978 regular session), so as to change the designation of the Director of Corrections to the Commissioner of Offender Rehabiliation; to provide 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 compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Act No. 755, House Bill 262 of the 1978 regular session), is hereby amended by striking from Section 2 thereof the following: (8) Director of Corrections, and inserting in lieu thereof the following: (8) Commissioner of Offender Rehabilitation. 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 14, 1978.

"GA1978.1.903">

CRIMINAL SOLICITATION DEFINED, ETC. Code Sections 26-1007, 26-1008 and 26-1009 Enacted. No. 982 (House Bill No. 226). AN ACT To amend Code Chapter 26-10, relating to criminal attempts, so as to create and define the offense of criminal solicitation and provide punishments; to provide that it is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited; to provide for the cumulative effect of these criminal solicitation provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-10, relating to criminal attempts, is hereby amended by adding at the end thereof new Code Sections 26-1007, 26-1008, and 26-1009, to read as follows: 26-1007. Criminal solicitation. A person commits criminal solicitation when, with intent that another person engage in conduct constituting a felony he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct. A person convicted of criminal solicitation to commit a felony shall be punished by imprisonment for not less than one nor more than three years. A person convicted of criminal solicitation to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one nor more than five years. 26-1008. Criminal solicitation; no defense. It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited. 26-1009. Criminal solicitation; cumulative effect of sections. The provisions of Sections 26-1007 and 26-1008 are cumulative and shall not supersede any other penal law of this State.

"GA1978.1.904">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 983 (House Bill No. 330). AN ACT To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), so as to provide death benefits upon the death of an active member sheriff who is otherwise eligible to receive retirement benefits except for his not having terminated his official capacity and service as sheriff; to provide that such death benefits shall be paid to the surviving spouse of such member sheriff in the form of an annuity for the life of such surviving spouse; to provide that such annuity shall be computed and paid to such surviving spouse to the same extent as if such member sheriff had first been approved for retirement benefits under Option 2; 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:

"GA1978.1.905">

Section 1. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), is hereby amended by adding at the end of Section 19 a new subsection to be known as subsection (d), to read as follows: (d) In addition to the death benefits provided in subsections (a) and (b) of this Section, upon the death of any active member of this fund before retirement, which member would otherwise have been eligible to receive retirement benefits except for his not having terminated his official capacity and service as a sheriff, death benefits shall be extended to the surviving spouse of such member in the form of an annuity for the remaining life of such spouse determined and paid to such surviving spouse under Option 2 of subsection (b) of Section 18 of this Act to the same extent as if such member had become deceased while receiving retirement benefits under Option 2. 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 14, 1978.

"GA1978.1.906">

ALTERNATE GRAND JURORS. Code Section 59-202 Amended. No. 984 (House Bill No. 352). AN ACT To amend Code Section 59-202, relating to the number of grand jurors, as amended, so as to provide for two alternate grand jurors; to prescribe conditions under which such alternate grand jurors may serve; to provide that nothing in said Code Section shall limit the authority of a judge of the superior court to replace a grand juror; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-202, relating to the number of grand jurors, as amended, is hereby amended by adding at the end of said Code Section the following: Two alternate grand jurors may be sworn and, subject to the maximum number herein fixed, may serve when any grand juror dies, or is discharged for any cause, or becomes ill or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on number of grand jurors fixed herein. Provided, however, that nothing herein shall limit the authority of a judge of the superior court to replace a grand juror., so that when so amended, said Code Section shall read as follows: 59-202. Number of grand jurors; alternate grand jurors. A grand jury shall consist of not less than sixteen nor more than

"GA1978.1.907">

twenty-three persons. Two alternate grand jurors may be sworn and, subject to the maximum number herein fixed, may serve when any grand juror dies, or is discharged for any cause, or becomes ill or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on number of grand jurors fixed herein. Provided, however, that nothing herein shall limit the authority of a judge of the superior court to replace a grand juror. 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 14, 1978. GEORGIA FISCAL NOTE ACT OF 1975 AMENDED. No. 985 (House Bill No. 368). AN ACT To amend an Act known as the Georgia Fiscal Note Act, approved April 25, 1975 (Ga. Laws 1975, p. 1568), as amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 533), so as to provide a procedure for fiscal notes for general bills having a significant impact on the anticipated revenue or expenditure level of counties and municipalities; to provide a time limit for the introduction of such bills; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.908">

Section 1. An Act known as the Georgia Fiscal Note Act, approved April 25, 1975 (Ga. Laws 1975, p. 1568), as amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 533), is hereby amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any retirement bill must be introduced no later than the 10th day of any session. Any bill having a significant impact on the anticipated revenue or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced no later than the 20th day of any session. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must also be introduced no later than the 20th day of any session, and any such bill shall also be subject to the requirements of subsection (b) of this Section. Except for retirement bills, this Act shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Article III, Section VII, Paragraph IX of the Constitution. In the event any bill as provided hereinbefore is introduced after the prescribed time limit, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category, and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate, and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.909">

RECORDING OF GRAND JURY PROCEEDINGS IN CERTAIN COUNTIES (200,000 OR MORE). No. 986 (House Bill No. 558). AN ACT To amend an Act authorizing a stenographer to be present with the Grand Jury while witnesses are being examined in counties having a population of 200,000 or more, approved March 8, 1945 (Ga. Laws 1945, p. 1017), so as to add a new Section permitting the use of a recording device in lieu of a stenographer; to provide for the incompetency as a witness of any person transcribing such recordings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing a stenographer to be present with the Grand Jury while witnesses are being examined in counties having a population of 200,000 or more, approved March 8, 1945 (Ga. Laws 1945, p. 1017), is hereby amended by adding following Section 1 of said Act, a new Section to be entitled Section 1A and to read as follows: Section 1A. A recording device may be used in lieu of the stenographer provided for in Section 1 of this Act and any person transcribing testimony from said recording shall be incompetent to testify upon any hearing or trial concerning any matter or thing coming to the knowledge of said person from said recordings. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.910">

JURORS' OATH IN CRIMINAL CASES. Code Section 59-709 Amended. No. 987 (House Bill No. 480). AN ACT To amend Code Section 59-709, relating to the oath of jurors in criminal cases, so as to provide that the judge or clerk of the court shall administer the oath to jurors in criminal cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-709, relating to the oath of jurors in criminal cases, is hereby amended by adding at the end of said Code Section the following: The judge or clerk of the court shall administer the oath to the jurors., so that when so amended, Code Section 59-709 shall read as follows: 59-709. Oath in criminal cases. In all criminal cases, the following oath shall be administered to the petit jury, to wit: `You shall well and truly try the issue formed upon this bill of indictment between the State of Georgia and A.B., who is charged (here state the crime or offense), and a true verdict give according to evidence. So help you God'. The judge or clerk of the court shall administer the oath to the jurors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.911">

DISPOSITION OF STATE-OWNED SURPLUS BOOKS, ETC. Code Chapter 40-6A Enacted. No. 988 (House Bill No. 611). AN ACT To amend Code Title 40, relating to the executive department, as amended, so as to provide for the disposition of State-owned surplus books and other printed material; to provide for definitions; to provide for administration by the Secretary of State; to provide for procedures, requirements and other matters relative to the foregoing; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 40, relating to the executive department, as amended, is hereby amended by inserting between Code Chapter 40-6, relating to the general powers and duties of the Secretary of State, and Code Chapter 40-7, relating to the great seal of the State and its custody, a new Code Chapter 40-6A to read as follows: Chapter 40-6A Disposition of Surplus Books 40-601A. Definitions. As used in this Chapter, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (a) `Surplus printed material' means books or other printed papers owned by the State or a State agency and in the possession of a State agency which are no longer needed by that agency, which are declared surplus by such agency, and which need not be maintained by the agency as a part of its records.

"GA1978.1.912">

(b) `State agency' means any department, board, bureau, commission, committee, council, court or other agency, by whatever name designated, of the executive, legislative or judicial branch of the State government. (c) `Agency head' means the official or body authorized to establish policy on behalf of a State agency. (d) `Nonprofit organization' means a bona fide nonprofit civic, educational or charitable organization. 40-602A. Administrator. The Secretary of State shall be the administrator of the provisions of this Chapter, and said official is hereby authorized and directed to promulgate such rules and regulations, which may include forms, as may be necessary to carry out the provisions of this Chapter. Such rules and regulations shall be adopted and promulgated in accordance with the provisions of the Act known as the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. 40-603A. Declaration of Surplus Printed Material. The agency head of each State agency is hereby authorized to declare printed material in the possession of such State agency as surplus printed material. At the time printed material is declared to be surplus printed material, the agency head shall make or cause to be made a complete inventory of the surplus printed material. The inventory shall describe the surplus printed material in sufficient detail, if practicable, to allow the Secretary of State to make the determination provided for in Code Section 40-604A. The inventory shall contain a statement of the declaration of the printed material as surplus printed material, and such declaration shall be signed by the agency head, and the date signed shall be indicated thereon. As a part thereof or as an attachment thereto, the inventory shall show the physical location of the surplus printed material. Upon its completion, the agency head shall transmit the original of the inventory to the Secretary of State. A duplicate original copy shall be retained in the files of the State agency as a part of the records of such agency.

"GA1978.1.913">

40-604A. Determination of Archival Value. (a) When the Secretary of State receives an inventory of surplus printed material as provided for by Code Section 603A, he shall make a determination of whether or not any of such surplus printed material has archival value within the meaning of Code Chapter 40-8, relating to the Department of Archives and History, as amended. The Secretary of State shall be authorized to use such personnel of the Department of Archives and History as may be necessary to make the determination provided for herein. If the determination cannot be made on the basis of the description of the surplus printed material included in the inventory of such material, the Secretary of State, or his designee, shall visit the State agency which submitted the inventory for the purpose of examining the surplus printed material listed on such inventory, and the determination required herein may be made on the basis of such examination. (b) If any surplus printed material is determined to have archival value as provided by subsection (a) hereof, the Secretary of State is hereby authorized to direct the State agency which submitted the inventory to release such printed material to the Department of Archives and History. The Secretary of State shall make or cause to be made a notation on the inventory for each item of surplus printed material released to the Department of Archives and History, and a copy of such inventory, signed by the Secretary of State or his designee, containing the notations thereon shall be transmitted to the originating State agency. The State agency submitting the inventory shall be authorized to deliver surplus printed material having archival value to the Department of Archives and History if the State agency has transportation available for such purpose. If the State agency does not have transportation available for such purpose, the Department of Archives and History shall provide for the transportation of surplus printed material having archival value. 40-605A. Donation of Printed Material. (a) The return to the State agency of the copy of the inventory signed by the Secretary of State or his designee containing the notations thereon of the surplus printed material having archival value, as provided by Code Section 40-604A, shall serve as the authorization for the State agency to donate to any nonprofit organization the surplus printed material which does not have archival value.

"GA1978.1.914">

(b) Each State agency donating such surplus printed material to nonprofit organizations is hereby authorized to adopt rules and regulations governing such donations, but such rules and regulations shall be consistent with the provisions of this Act and with rules and regulations adopted by the Secretary of State pursuant to Code Section 40-602A. 40-606A. Scope of Chapter Limited. The provisions of this Chapter shall not be construed to apply to surplus books or printed material owned by the University System of Georgia, any county or independent school system, any city, county or regional library or to any other printed material owned by any political subdivision of this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. STATE CONSTRUCTIONPLUMBING FIXTURES, ETC. No. 989 (House Bill No. 546). AN ACT To provide that after July 1, 1980, the construction of any building of any type shall not be initiated within this State which utilizes certain plumbing facilities which exceed a certain rate of water use; to provide that such requirements shall be applicable to construction involving the repair or renovation of or addition to buildings; to provide for certain ordinances of counties and municipalities and for certain exemptions in connection therewith; to provide for exemptions; to provide for other matters relative to the foregoing; to provide for a penalty; to repeal conflicting laws; and for other purposes.

"GA1978.1.915">

Be it enacted by the General Assembly of Georgia: Section 1. (a) After July 1, 1980, the construction of any building of any type shall not be initiated within this State which: (1) Employs a tank-type water closet that uses more than an average of 3.5 gallons of water per flush; or (2) Employs a shower head or faucet that allows a flow of more than an average of 3.5 gallons of water per minute at sixty pounds per square inch of pressure. (b) The requirements of subsection (a) of this Section shall apply to any construction initiated after July 1, 1980, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of water closets or showers or both. As used herein, the word construction means the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building, but such word does not mean and shall not include the mere replacement of a malfunctioning, unserviceable, or obsolete faucet, shower head or water closet in an existing building. (c) Counties and municipalities are hereby authorized and directed to provide by ordinance for an exemption to the requirements of subsection (b) of this Section, relative to the repair or renovation of an existing building, under the following conditions: (1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing water closets, faucets, or shower heads within such existing building; or (2) When such plumbing or sewage system within such existing building, because of its capacity, design or installation, would not function properly if the water closets, faucets, or shower heads required by this Act were installed; or

"GA1978.1.916">

(3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or (4) When units to be installed shall be: (A) Specifically designed for use by the handicapped; or (B) Specifically designed to withstand unusual abuse or installation in a penal institution; or (C) Are wall hung tank type closets; or (D) Are one piece, low profile closets; or (E) Are closets for juveniles. (d) The ordinances adopted by counties and municipalities pursuant to subsection (c) of this Section shall provide procedures and requirements to apply for the exemption authorized by said subsection. (e) The provisions of this Section shall not apply to any construction for which the contract was entered into prior to July 1, 1980. Section 2. Any person who installs any water closet, faucet, or shower head, after July 1, 1980, in violation 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.917">

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED. No. 990 (House Bill No. 645). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to authorize the State Board of Education to use certain nonteaching personnel interchangeably in the allotment of funds; 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. Laws 1974, p. 1045), as amended, is hereby amended by adding a new Section between Sections 21 and 22 to be designated Section 21A and to read as follows: Section 21A. Use of Certain Alloted Personnel Interchangeably. Until such time as sufficient funds are appropriated to fully implement Sections 20 and 21 of this Act, the State Board of Education shall be authorized to use nonteaching certificated personnel alloted under said Sections interchangeably as if said Sections were combined for the purpose of the allotment of funds under this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.918">

STATE BOARD FOR THE CERTIFICATION OF LIBRARIANS ACT AMENDED. No. 991 (House Bill No. 1227). AN ACT To amend an Act to establish a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245), so as to change the composition of the board; to provide for setting certain fees; 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 to establish a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245), is hereby amended by striking from Section 1 thereof the words Executive Secretary of the Georgia Library Commission and Executive Secretary of the Library Commission, and substituting in lieu thereof the words Director of Public Library Services of the State Department of Education, so that when so amended Section 1 shall read as follows: Section 1. That a State Board for the Certification of Librarians is hereby created to consist of five persons, four of whom shall be appointed by the Governor from a list of seven persons nominated by the Executive Board of the Georgia Library Association. The other member shall be the Director of Public Library Services of the State Department of Education who shall serve as an ex officio member of said board. The terms of all members first appointed under this Act shall begin on the 1st day of July, 1937, but

"GA1978.1.919">

the terms of the members appointed by the Governor shall expire as follows: December 31, 1937, December 31, 1938, December 31, 1939, and December 31, 1940. The respective terms of the appointed members shall be determined by lot. Upon the expiration of the terms of members first appointed, their successors shall be appointed by the Governor from a list of seven persons nominated by the Executive Board of the Georgia Library Association for a term of five years. The term of the Director of Public Library Services of the State Department of Education shall be coextensive with the term of office in this position. Members of the board shall receive no compensation for their services, except actual and necessary traveling expenses incurred in attending meetings. Section 2. Said Act is further amended by striking from Section 5 thereof, the following: of $ 1.00, and substituting in lieu thereof the words which shall be set by the board, so that when so amended Section 5 shall read as follows: Section 5. All applicants for a librarian's certificate shall file an application with the Joint Secretary, State Examining Boards, accompanied by a fee which shall be set by the board, and said Joint Secretary shall remit the same to the State Treasury, such fees shall be used only for the purpose of carrying out the provisions of this Act and payment of the necessary expenses contemplated under Chapter 84-1 of the Code. 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 for the Certification of Librarians. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.920">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. ABSTRACTS OF DRIVERS' OPERATING RECORDS. Code Section 68B-215 Amended. No. 992 (House Bill No. 649). AN ACT To amend Code Section 68B-215, relating to records to be kept by the Department of Public Safety, so as to require that the Department of Public Safety shall furnish certain persons with abstracts of drivers' operating records who request such records in connection with the underwriting of insurance involving the driver; to provide procedures connected therewith; to make it unlawful for certain persons to request abstracts of drivers' records; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 68B-215, relating to records to be kept by the Department of Public Safety, is hereby amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The Department shall furnish a certified abstract of a driver's operating record under the following circumstances:

"GA1978.1.921">

(1) In accordance with the written instructions of the driver upon whom the operating record has been made and compiled. (2) Pursuant to a written request, to a person who the Department has reason to believe intends to use the information in connection with the underwriting of insurance involving the driver. The person who makes a written request for a driver's operating record shall identify himself, certify the purpose for which the record is sought, certify that the information contained in the record will be used for no other purpose and certify that he has on file an existing application for insurance executed within the past 60 days involving the driver or drivers. The abstract shall include an enumeration of any accidents in which the driver has been involved, convictions, information pertaining to financial responsibility, and any other information the Department may consider pertinent. The Department shall prescribe a fee for furnishing such abstract to cover the costs of administering this Section, such fee not to exceed $10.00. Subject to the provisions of subsection (d) of this Section, any person who submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.922">

YOUTHFUL OFFENDER DIVISION OF STATE BOARD OF CORRECTIONS. No. 993 (House Bill No. 1114). AN ACT To amend an Act approved March 28, 1972, creating a Youthful Offender Division of the State Board of Corrections, known as the Georgia Youthful Offender Act of 1972 (Ga. Laws 1972, p. 592), so as to reconstitute the membership of the Youthful Offender Division; to delete the provisions for compensation to be paid to the members of the Youthful Offender Division; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 28, 1972, creating a Youthful Offender Division of the State Board of Corrections, known as the Georgia Youthful Offender Act of 1972 (Ga. Laws 1972, p. 592), is hereby amended by striking in its entirety Section 3 thereof which reads as follows: Section 3. Creation; Membership; Compensation. There is hereby created within the State Board of Corrections a division to be known as the Youthful Offender Division. The division shall consist of the chairman of the State Board of Corrections, the Director of Corrections, and not less than three other members, not members of the Board, appointed by the Director, such appointments being subject to the approval of the Board. The Board shall set the compensation to be paid to members of the Division, except that the compensation of the chairman of the Board and the Director of Corrections shall be as provided by law, said officials to receive no additional compensation by reason of service upon the Division., and inserting in lieu thereof a new Section 3 to read as follows:

"GA1978.1.923">

Section 3. Creation; Membership. There is hereby created under the State Board of Offender Rehabilitation a Division to be known as the Youthful Offender Division. Such Division shall consist of the Commissioner of Offender Rehabilitation and such other members as deemed appropriate by said 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 14, 1978. JOINT BOARD OF FAMILY PRACTICE ACT AMENDED. No. 994 (House Bill No. 1241). AN ACT To amend an Act creating a Joint Advisory Board of Family Practice, approved March 31, 1976 (Ga. Laws 1976, p. 1096), so as to change the name of the Board; to provide for an additional member of the Board; to provide for the organization and meetings of the Board; to provide a per diem for members of the Board; to clarify the powers of the Board; to provide for the Board being attached to the Board of Regents for administrative purposes only; to provide 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 Joint Advisory Board of Family Practice, approved March 31, 1976 (Ga. Laws 1976, p. 1096), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof the following Section 2 to read as follows:

"GA1978.1.924">

Section 2. (a) There is hereby created the Joint Board of Family Practice. The Board shall be attached to the Board of Regents, University System of Georgia for administrative purposes only as defined by Section 3 of the `Executive Reorganization Act of 1972', approved April 6, 1972 (Ga. Laws 1972, p. 1015). The members of the Executive Committee of the Board of Directors of the Georgia Academy of Family Physicians, but not more than five members thereof, and the Dean or his duly appointed representative of each medical school in the State of Georgia with an established Department of Family Practice, and a family physician who shall be designated by the Board of Directors of the Georgia State Medical Association shall be members of the Board. (b) The Board shall annually elect from its membership a chairman, a vice-chairman and secretary-treasurer by ballot. Meetings shall be held at the call of the chairman or upon written request of a majority of the Board. A majority of members then in office shall constitute a quorum and shall have the authority to act upon any matter properly brought before the Board. The Board shall keep permanent minutes and records of all its proceedings and actions. (c) Each member of the Board shall be paid $44.00 for each day or substantial portion thereof that he is engaged in the work of the Board, in addition to such reimbursement for travel and other expenses as is normally allowed to State employees. No member of the Board shall receive the above per diem for more than 30 days in any one calendar year. (d) The Board shall have the authority to employ such administrative staff as is necessary to carry out the functions of the Board. Such staff members shall be employed within the limits of the appropriations made to the Board. Section 2. Said Act is further amended by striking from Section 3, 4 and 5 the word Advisory.

"GA1978.1.925">

Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof the following Section 6 to read as follows: Section 6. The Board shall have the responsibility of monitoring the Family Practice Residency Training Program within the State and to recommend from time to time that the General Assembly appropriate funds for this purpose. Within the limits of funding appropriated by the General Assembly, the Board shall develop programs to encourage Family Practice education for medical students as well as practitioners of medicine to enhance their competence and the quality of medical care which they provide. In carrying out its duties the Board shall have, but not be limited to, the power to contract with other State and federal agencies, persons, corporations, associations, institutions and authorities. In addition, the Board shall have the authority to adopt reasonable rules and regulations to carry out the provisions of this Act. 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 14, 1978. WITNESS FEES PAYABLE TO LAW ENFORCEMENT OFFICERS. No. 995 (House Bill No. 1237). AN ACT To amend an Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and the fees thereof, approved March 15, 1966 (Ga. Laws 1966, p. 502), as amended, particularly by an Act approved

"GA1978.1.926">

March 27, 1968 (Ga. Laws 1968, p. 435), so as to change the witness fees payable to law enforcement 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 . An Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and the fees thereof, approved March 15, 1966 (Ga. Laws 1966, p. 502), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 435), is hereby amended by striking the symbol and figure $8.00 in subsection (h) of Section 1 in its entirety and inserting in lieu thereof the symbol and figure $12.00, so that subsection (h) of Section 1, when so amended, shall read as follows: (h) Notwithstanding any other provision in this Act, any member of the Georgia State Patrol, Georgia Bureau of Investigation, municipal or county police force or any deputy sheriff, who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this State, municipal or police court having jurisdiction to enforce the penal laws of this State as provided by Section 1 of an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 558), juvenile court, or grand jury, as a witness on behalf of the State during any hours except the regular duty hours to which said officer is assigned shall be paid for such attendance at a rate fixed by the court but not less than the per diem paid grand jurors in the preceding term of the superior court of such county but not in excess of $12.00 per diem. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the judge, the solicitor general or the solicitor of the court attended. The Director of the Georgia Bureau of Investigation, commanding officer of the State Patrol, the chief of police or sheriff shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid by the governing body authorized to dispense public funds for the operating of such court. Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in

"GA1978.1.927">

any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day. 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 14, 1978. MOTOR VEHICLESOPERATORS' LICENSES. Code Section 68-221 Amended. No. 996 (House Bill No. 1253). AN ACT To amend Code Section 68-221, relating to licensure and registration of motor vehicles by nonresidents, as amended, so as to change the time period within which registration is required; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 68-221, relating to licensure and registration of motor vehicles by nonresidents, as amended, is hereby amended by striking from subsection (b) thereof the following: 10, and substituting in lieu thereof the following: 30,

"GA1978.1.928">

so that when so amended subsection (b) of Code Section 68-221 shall read as follows: (b) Notwithstanding the provisions of subsection (a), in every case where a nonresident accepts employment or engages in any trade, profession or occupation in the State or enters his children to be educated in the public schools of the State, such nonresident shall within 30 days after the commencement of such employment or education be required to register his motor vehicles in this State if such motor vehicles are proposed to be operated on the highways of the State. 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 14, 1978. TAX REFUND APPLICATIONSTATUTE OF LIMITATIONS. Code Section 92-3902A Amended. No. 997 (House Bill No. 1265). AN ACT To amend Code Section 92-3902A, relating to practice and procedure for certain county and municipal tax refunds, so as to change the time period within which a claim for refund for taxes must be filed; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.929">

Section 1 . Code Section 92-3902A, relating to practice and procedure for certain county and municipal tax refunds, is hereby amended by inserting in said Section after the words: one year, the following: , or in the case of taxes three years,, so that when so amended Code Section 92-3902A shall read as follows: 92-3902A. Same; practice and procedure.In any case in which it shall be determined that an erroneous or illegal collection of any tax or license fee has been made by a county or municipal corporation or in any case in which it shall be determined that a taxpayer has overpaid any tax or license fee, whether such tax or license fee was paid voluntarily or involuntarily, the taxpayer from whom such tax or license fee was collected may file a claim for a refund with the governing authority of the county or municipal corporation, at any time within one year, or in the case of taxes three years, after the date of the payment of such tax or license fee to the county or municipal corporation. Such claim shall be in writing and shall be in such form and contain such information as the governing authority of the county or municipal corporation may require. Such claim shall include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the governing authority in connection with any claim for a refund, he shall so specify in writing in the claim. If the claim conforms with the requirements of this Section, the governing authority shall grant a conference at a time specified by the governing authority. The governing authority shall consider information contained in the taxpayer's claim for a refund and such other information as may be available. The governing authority shall approve or disapprove the taxpayer's claim and notify such taxpayer of its action. In the event any claim for refund is approved, the governing authority shall proceed under Section 92-3901A to give effect to the terms thereof. The refunds provided for shall be unassignable.

"GA1978.1.930">

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 14, 1978. REVENUERETURN OF MOBILE HOMES FOR TAXATION. No. 998 (House Bill No. 1243). AN ACT To amend an Act to provide procedures for the return of mobile homes for taxation, approved April 7, 1976 (Ga. Laws 1976, p. 1529), so as to specify where mobile homes are to be returned for taxation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to provide procedures for the return of mobile homes for taxation, approved April 7, 1976 (Ga. Laws 1976, p. 1529), 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. Mobile homes shall be returned in the county where situated, unless the mobile home is primarily used in connection with some established business enterprise located in a different county, in which case it shall be returned in the county where the business is located.

"GA1978.1.931">

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. MOTOR VEHICLESOPERATOR PERMIT EXEMPTIONS. Code Section 68B-202 Amended. No. 999 (House Bill No. 1266). AN ACT To amend Code Section 68B-202, relating to those persons who are exempt from having a driver's license, as amended, so as to provide that certain inmates of State, county or municipal prisons, correctional institutions and jails may operate motor vehicles under certain conditions without a driver's license; to provide for tests and certificates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 68B-202, relating to those persons who are exempt from having a driver's license, as amended, is hereby amended by adding at the end thereof a new subsection 7, to read as follows: 7. Any inmate of a State, county or municipal prison, correctional institution or jail while operating a motor vehicle owned by or leased to the State, county or municipality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written and driving tests required for licensing a citizen to

"GA1978.1.932">

operate such motor vehicle. Such tests shall be given and a certificate issued to any inmate passing such tests, without charge, by the Department of Public Safety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS AMENDED AS TO CERTAIN COUNTIES (170,000-195,000), REFERENDUM. No. 1000 (House Bill No. 1250). 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. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to provide that the governing authority of certain counties and municipalities may authorize the sale of distilled spirits, malt beverages and wine for consumption only on the premises in certain eating establishments on Sundays; to provide for limitations and conditions; to provide for referenda; to provide for this Act's becoming effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding at the end of subsection (b) of Section 31 the following:

"GA1978.1.933">

The governing authority of each county of this State having a population of not less than 170,000 and not more than 195,000, according to the United States Decennial Census of 1970, or any future such decennial census, and the governing authority of each municipality located in any such county in which the sale of distilled spirits, malt beverages or wine is authorized, acting in its sole discretion, is hereby authorized to provide by ordinance for the sale of distilled spirits, malt beverages or wine for consumption only on the premises in eating establishments, as defined herein, which are located in the unincorporated area of the county in the case of the county or which are located in the corporate limits of the municipality in the case of a municipality, on Sundays between the hours of 12:30 p.m. and 12 o'clock midnight. For the purpose of this paragraph, `eating establishment' shall mean an establishment which is licensed to sell distilled spirits, malt beverages or wine and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. Section 2. (a) It shall be the duty of the election superintendent of each county and municipality affected by this Act to issue the call for an election for the purpose of submitting this Act to the electors of the unincorporated area of each such county and to the electors of each such municipality for approval or rejection. Said election superintendents shall set the date of each such election for August 8, 1978. The call for each election shall be issued at least 30 days but not more than 45 days prior to the date thereof. Said superintendents shall cause the date and purpose of such elections to be published once a week for two weeks immediately preceding the date thereof in the official organs of each such county and municipality. For the election in the unincorporated area of any such county, the ballot shall have written or printed thereon the following: () YES () NO Shall the Act authorizing the governing authority of..... (insert name of county) County to permit the Sunday sale of alcoholic beverages for consumption on the premises in restaurants within the unincorporated area of the County be approved?

"GA1978.1.934">

For the election in such municipality, the ballot shall have written or printed thereon the following: () YES () NO Shall the Act authorizing the governing authority of the City of..... (insert name of city) to permit the Sunday sale of alcoholic beverages for consumption on the premises in restaurants within the City be approved? (b) All persons within the unincorporated areas of any such county and all persons within such municipalities who wish to vote for approval of said Act shall vote Yes and such persons who wish to vote for rejection of said Act shall vote No. If more than one-half of the votes cast on such question within the unincorporated area of any such county are for approval of said Act, it shall become of full force and effect for the unincorporated area of such county. If more than one-half of the votes cast on such question within any such municipality are for approval of said Act, it shall become of full force and effect for such municipality. If one-half or more of the votes cast on such question within the unincorporated area of any such county or within any such municipality are for rejection of said Act, then said Act shall be void and of no force and effect within the unicorporated area of such county or within such municipality, as the case may be. (c) The expense of such elections shall be borne by the respective counties and municipalities. It shall be the duty of the election superintendents to hold and conduct such elections. It shall be their further duty to certify the results thereof to the Secretary of State. Section 3. For the purpose of holding the elections provided for by Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective in accordance with the terms of Section 2 of this Act.

"GA1978.1.935">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. HONORARY HUNTING AND FISHING LICENSES. Code Section 45-302 (h) Enacted. No. 1001 (House Bill No. 1271). AN ACT To amend Code Chapter 45-3, relating to licenses and permits, so as to authorize the Department to issue a lifetime honorary hunting and fishing license to any resident who is totally disabled; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 45-3, relating to licenses and permits, is hereby amended by striking subsection (h) of Code Section 45-302 in its entirety and inserting in lieu thereof a new subsection (h) of Code Section 45-302, to read as follows: (h) Any resident who files a letter with the Department from (1) the Veterans Administration or (2) a physician licensed to practice medicine under the laws of Georgia certifying that he or she is totally disabled, and such letter contains a certification by such physician and information establishing that such certification is based upon application of the guidelines and procedures for determining total disability ratings for compensation as contained in The Veteran's Administration Schedule for Rating Disabilities, Loose Leaf Edition, or any resident applying to the Department who has attained the age of sixty-five (65) years, shall be issued a lifetime honorary

"GA1978.1.936">

hunting and fishing license, which shall entitle such resident to hunt and fish in this State 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 in this State without the payment of any fee whatsoever. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. PREMARITAL PHYSICAL EXAMINATIONS ACT AMENDED. No. 1002 (House Bill No. 1296). AN ACT To amend an Act providing the procedures for premarital examinations for syphilis and other diseases, approved February 25, 1949 (Ga. Laws 1949, p. 1054), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 782), so as to provide for additional tests for certain applicants for marriage licenses; to provide for additional requirements pertaining to the certificate of the examining physician; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the procedures for premarital examinations for syphilis and other diseases, approved February 25, 1949 (Ga. Laws 1949, p. 1054), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 782), is hereby amended by adding at the end of Section 1 a new subsection (d) to read as follows:

"GA1978.1.937">

(d) In addition to the foregoing, the certificate of each female applicant, except a female incapable of pregnancy, shall state that, based upon the results of a standard serologic test, the applicant has been found to be either immune or not immune, as the case may be, to rubella, and that the applicant has been counseled concerning the possibilities of birth defects occurring to children of mothers who may have contracted rubella during the early stages of pregnancy and of the availability of immunization procedures to prevent the contraction of rubella. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. CLERKS OF SUPERIOR COURTSMINIMUM SALARY ACT AMENDED. No. 1004 (House Bill No. 1300). AN ACT To amend an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 547), so as to provide for 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. Laws 1973, p. 256), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 547), is hereby amended by adding, following Section 2, a new Section 3, to read as follows:

"GA1978.1.938">

Section 3. The amounts provided in Sections 1 and 2 of this Act shall be increased by five (5) percent per each four-year term of office served by any clerk, figured at the end of each such period of service. 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, except for the current term of the clerks now in office. 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. LANDLORD AND TENANTDISPOSSESSORY PROCEEDINGS, ETC. Code Title 61 Amended. No. 1005 (House Bill No. 543). AN ACT To amend Code Title 61, relating to the law governing the landlord and tenant relationship, as amended, so as to change the method of service of summons on a tenant in a dispossessory proceeding; to include in the goods and property of a

"GA1978.1.939">

tenant subject to distress warrant proceedings mobile homes; to provide for other matters relative to landlords and tenants; 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 61, relating to the law governing the landlord and tenant relationship, as amended, is hereby amended by striking subsection (a) of Code Section 61-302, relating to the service of the summons on a defendant in a dispossessory proceeding in its entirety, which reads as follows: (a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be given by delivering said summons and affidavit to any person sui juris residing on the premises or, if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on the door of the premises., and substituting in lieu thereof the following: (a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or such other court with jurisdiction over the subject matter, including the judge of any State court where the action arises or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering said summons

"GA1978.1.940">

and affidavit to any person sui juris residing on the premises or, after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class mail a copy of said summons and affidavit to the defendant at his last known address, if any, and making an entry of this action on the affidavit filed in said case. Section 2. Said Code Title is further amended by adding at the end of Code Chapter 61-4, relating to distress warrants, a new Section to be designated Code Section 61-413, to read as follows: 61-413. Tenant's mobile home included in the terms `goods' and `property'.For the purposes of this Code Chapter, the terms `goods' and `property' shall include a tenant's mobile home. The term `mobile home' as used in this Section means a movable or portable dwelling over 32 feet in length and over 8 feet wide, constructed to be towed on its own chassis and to be connected to utilities and designed without a permanent foundation for year-round occupancy. For the purposes of this Section, a mobile home may consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may consist of two or more units separately towable but designed to be joined into one integral unit. 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 14, 1978.

"GA1978.1.941">

GEORGIA HEALTH CODE AMENDED. Code Title 88 Amended. No. 1006 (House Bill No. 1797). AN ACT To amend Code Title 88, known as the Georgia Health Code, so as to insure that adequate health care services and facilities are developed in an orderly and economical manner and available to all citizens, and to meet the requirements of and to implement the National Health Planning and Resources Development Act of 1974 (Public Law 93-641), the federal rules and regulations promulgated under that Act and other pertinent federal authority and to insure that federal funds will be provided to the State of Georgia; to amend an Act which provides for the reorganization of certain functions within the Executive Branch of State Government, approved April 6, 1972 (Ga. Laws 1972, p. 1069), so as to odd Code Chapters 88-21 and 88-33 to the exceptions of functions to be transferred to the Department of Human Resources; to amend an Act which provides for the reorganization of certain functions within the Executive Branch of State Government, approved April 6, 1972 (Ga. Laws 1972, p. 1069), so as to provide for the transfer of those functions set forth in Code Chapters 88-21 and 88-3 and The Long-Term Health Care Facility Act (Ga. Laws 1974, p. 621) to the State Health Planning and Development Agency; to amend Code Title 88, known as the Georgia Health Code, so as to provide for a purpose and policy; to provide new definitions; to create the State Health Planning and Development Commission and set forth its composition and powers; to create the State Health Planning and Development Agency and authorize said Agency to adopt and administer a State Health Plan; to provide for its own organization and that it be attached to the Department of Human Resources for administrative purposes only; to set forth certain functions of the State Agency; to provide for the designation of the Statewide Health Coordinating Council by

"GA1978.1.942">

the Governor; to provide for the compensation for expenses of members of the Statewide Health Coordinating Council attending meetings; to provide for the functions of the Statewide Health Coordinating Council; to provide for the exclusion of liability for members of health systems agencies; to provide for enforcement of the provisions of this Code Chapter and penalties; to provide for the intention of the General Assembly; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for the reorganization of certain functions within the Executive Branch of State Government and other purposes, approved April 6, 1972 (Ga. Laws 1972, p. 1069), as amended, is hereby further amended by striking Section 3, relating to the transfer of functions of the Department of Public Health and the Board of Health, in its entirety and substituting in lieu thereof the following: Section 3. All of the functions of the Department of Public Health and the Board of Health, created in Ga. Code Sections 88-102 and 103, and of their units, except the policy-making functions of the Board of Health which are transferred in Section 4 of this Act, and those functions enumerated in Sections 1206.2 through 1206.8 of the Plan and those set forth in Code Chapters 88-21 and 88-33, are transferred to the Department of Human Resources. Any reference in Georgia Laws to the Department of Public Health and the Board of Health relating to the functions transferred in this Section means the Department of Human Resources. Section 2. Said Act, relating to the reorganization of certain functions within the Executive Branch of State Government and other purposes, as amended, is hereby further amended by adding thereto a new Section 3A which shall read as follows:

"GA1978.1.943">

Section 3A. All of the functions of the Department of Public Health and the Board of Health, created in Ga. Code Sections 88-102 and 103, and of their units which are set forth in Code Chapters 88-21 and 88-33, are transferred to the State Health Planning and Development Agency created in Code Section 88-3304. Section 3. Said Act, relating to the reorganization of certain functions within the Executive Branch of State Government and other purposes, as amended, is hereby further amended by adding thereto a new Section 3B which shall read as follows: Section 3B. All of the functions of the Board of Human Resources, the Department of Human Resources, and the Commissioner of Human Resources as set forth in the Long-Term Health Care Facility Act (Ga. Laws 1974, p. 621) are transferred to the State Health Planning and Development Commission, the State Health Planning and Development Agency and the Director, State Health Planning and Development Agency, respectively. Section 4. Code Title 88, known as the Georgia Health Code, approved March 19, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended thereto by adding a new Chapter to be designated as Code Chapter 88-33 entitled State Health Planning and Development Code which shall read as follows: CHAPTER 88-33 STATE HEALTH PLANNING AND DEVELOPMENT CODE. 88-3301. Purpose, Policy. The policy of this State and the purpose of this Code Chapter is to insure that adequate health care services and facilities are developed in an orderly and economical manner and available to all citizens and to meet the requirements of and to implement the National Health

"GA1978.1.944">

Planning and Resources Development Act of 1974 (Public Law 93-641), the federal rules and regulations promulgated under that Act and other pertinent federal authority, consistent with the laws of the State of Georgia, and to insure that federal funds will be provided to the State of Georgia, consistent with the laws of the State of Georgia. To achieve this public policy and purpose, it is essential that appropriate health planning activities be undertaken and implemented and that health care services and facilities be provided in a manner that is cost effective and that is compatible with the health care needs of the various areas and populations of the State. 88-3302. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) The term `the Federal Act' means Public Law 93-641, the National Health Planning and Resources Development Act of 1974, as amended, and the regulations promulgated pursuant thereto. (b) The term `State Health Planning and Development Agency' or `State Agency' means the agency of State government designated in an agreement entered into pursuant to Section 1521 of the Federal Act to carry out the State's health planning and development program. (c) The term `Statewide Health Coordinating Council' or `Coordinating Council' or `Council' means the body established pursuant to Section 1524 of the Federal Act to advise the State Health Planning and Development Agency. (d) The term `health systems agency' means a conditionally or fully designated agency designated pursuant to Section 1515 of the Federal Act.

"GA1978.1.945">

(e) The term `State Health Plan' means a comprehensive program implemented by the State of Georgia and accepted by the Secretary of Health, Education and Welfare as being in compliance with the Federal Act for the purpose of providing adequate health care services and facilities throughout the State. Any terms not defined herein shall, if defined in the Federal Act, have the meaning provided in the Federal Act. 88-3303. State Health Planning and Development Commission, Composition, Powers. There is hereby created the `State Health Planning and Development Commission' (Commission), which shall be composed of (i) the Commissioner of Human Resources, (ii) the Commissioner of Medical Assistance, (iii) the Comptroller General, (iv) the Vice Chancellor of Health Affairs, Board of Regents, and (v) Commissioner of Community Affairs. The Commission shall have the power to: (a) Appoint a director of the State Health Planning and Development Agency with the approval of the Governor; (b) Establish general policy for the State Agency in its functions; and (c) Annually prepare reports assessing the overall proficiency of this Code Chapter to be submitted to the Governor. 88-3304. State Health Planning and Development Agency. There is hereby created the `State Health Planning and Development Agency' (State Agency), which is authorized to adopt and administer a State Health Plan, consistent with the laws of the State of Georgia, pursuant to the Federal Act, provided

"GA1978.1.946">

such State Health Plan is administered within the appropriations made available to the State Agency by the General Assembly of Georgia and such federal funds as are made available to the State Agency by virtue of the aforesaid appropriation. The State Agency shall provide for its own organization and procedures to administer its functions and shall be attached to the Department of Human Resources for administrative purposes only as set forth in Section 3 of the Executive Reorganization Act of 1972, as amended. 88-3305. Functions of State Agency. The functions of the State Agency shall be: (a) To conduct the health planning activities of the State and to implement those parts of the State Health Plan and the plans of the health systems agencies within the State which relate to the government of the State; (b) To prepare, review and revise an annual preliminary State Health Plan which shall be based on the health systems plans of the health systems agencies within the State. The preliminary State Health Plan may contain such revisions of the health systems plans as the State Agency finds necessary to achieve the appropriate coordination of such health systems plans or to deal more effectively with Statewide health needs. The preliminary State Health Plan shall be submitted to the Coordinating Council for its consideration prior to development of the State Health Plan; (c) To assist the Coordinating Council in the performance of its functions; (d) To prepare and administer the State Medical Facilities Plan; (e) To review on a periodic basis, but not less than every five (5) years, all institutional health facility services being

"GA1978.1.947">

offered in the State and, after consideration of recommendations submitted by health systems agencies respecting the appropriateness of such services, make public its findings; (f) To contract with private and public agencies for purposes of carrying out these functions; (g) To promulgate rules and regulations necessary to carry out the provisions of this Act and to enable the State to meet such requirements set forth in the Federal Act as are consistent with this Act, or Acts amendatory thereof or supplemental thereto, or federal rules and regulations adopted pursuant thereto; (h) To take into consideration recommendations submitted by the various health systems agencies; (i) To coordinate with federal agencies the procedures established by this Code Chapter and the required functions to be established by the State Agency for the purposes of carrying out the duties and powers which have been designated to the State Agency under the provisions of Section 1122, Title XI, of the Social Security Act of 1935, as amended; (j) To perform such other duties and functions consistent with this Act as may be required by the provisions of the Federal Act, or Acts amendatory thereof or supplemental thereto, and any federal rules and regulations adopted pursuant thereto. 88-3306. Statewide Health Coordinating Council. The Statewide Health Coordinating Council may be designated by the Governor of the State pursuant to an Executive Order and shall have the composition as directed in the Federal Act. 88-3307. Same; compensation, allowances and expenses. The members of the Council attending meetings of such Council,

"GA1978.1.948">

or attending a subcommittee meeting thereof authorized by such Council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Ga. Laws 1973, p. 701, now or hereafter, as amended, which provides for the compensation and allowances of certain State officials. 88-3308. Same; functions of Council. The functions of the Council shall be such as are required by the Federal Act and are consistent with the laws of the State of Georgia. 88-3309. Exclusion of liability. No member of a health systems agency while acting on, or performing the functions designated to, a health systems agency shall be liable for damages for any action of such agency or for any official action taken or recommendation made as a member of such agency. 88-3310. Intention of the General Assembly. It is the intention of the General Assembly that this Code Chapter be construed consistently with the provisions of the Federal Act and a State Health Planning and Development program be administered by the State Agency in a manner so as to maximize the amount of federal financial participation consistent with the provisions of this Act, available to the State under `The Community Mental Health Centers Act,' `The Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970' and `The Public Health Services Act.' Nothing herein shall be construed as to authorize the State Health Planning and Development Agency to administer a Certificate of Need Program as provided for in P.L. 93-641 except as is authorized by the Georgia Long-Term Health CAre Facility Act (Ga. Laws 1974, p. 621) and Section 1122 of the Social Security Act, as amended. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force

"GA1978.1.949">

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 14, 1978. LOOKOUT MOUNTAIN JUDICIAL CIRCUITADDITIONAL JUDGE. No. 1007 (House Bill No. 1568). AN ACT To add one additional judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to require each candidate for such judgeship to designate the place for which he is running; to authorize the judges of said courts to divide and allocate the work and

"GA1978.1.950">

duties thereof; to provide for courtroom and chamber space; to provide for the drawing and impanelling of jurors; to provide for an additional court reporter; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 Lookout Mountain Judicial Circuit of Georgia is hereby added, thereby increasing to three the number of judges of the superior courts for said circuit. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on November 1, 1978, and continuing through December 31, 1980, and until his successor is elected and qualified. Such judge shall be appointed by the Governor prior to November 1, 1978, and shall take office on that date. 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, 1980, for a term of four years beginning on the first day of January, 1981, 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 provided by law for the election of judges of the superior courts of this State. Section 3. Every person who offers for nomination and election as one of the judges of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall designate with the proper authority in all primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise

"GA1978.1.951">

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 Lookout Mountain 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 counties of such circuit shall be the same as that of the other judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia. Any provisions heretofore or hereafter enacted for supplement by the county of said circuit for the present judge shall also be applicable to the additional judge provided for by this Act. Section 6. All writs and processes in the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law. Section 7. The governing authority of the counties comprising the Lookout Mountain Judicial Circuit of Georgia are hereby authorized and empowered to provide a suitable courtroom, jury room and chambers for the additional judge of the Lookout Mountain Judicial Circuit of Georgia created herein as may be necessary upon the recommendation of said judge.

"GA1978.1.952">

Section 8. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Lookout Mountain Judicial Circuit of Georgia may bear teste in the name of any judge of said Lookout Mountain Judicial Circuit of Georgia, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Section 9. The three judges of the superior courts of the Lookout Mountain 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 disagreement among said judges in respect thereof, the decision of the judge who is senior in point of service shall be controlling. The three judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia 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 or more said judges, and the hearing of all other matters in requiring a trial by a jury to the other judge or judges, and they may alternate such order of business at the next term. Any of said judges may conduct trials by jury at the same time within said circuit, or one or more of them may hear chambers business and motion business at the same time 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 judge senior in point of service shall control.

"GA1978.1.953">

Section 10. The drawing and impanelling of all jurors, whether grand, petit or special may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and impanel 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. Section 11. The three judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia 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 12. This Act shall become effective November 1, 1978. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. GEORGIA REAL ESTATE COMMISSIONADDITIONAL MEMBER, ETC. Code Section 84-1405 Amended. No. 1008 (Senate Bill No. 407). AN ACT To amend Code Section 84-1405, relating to the Georgia Real Estate Commission, so as to provide for the appointment

"GA1978.1.954">

of an additional member to the Commission; to change certain of the provisions relative to the appointment of members; to provide for employment of staff by the Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-1405, relating to the Georgia Real Estate Commission, is hereby amended by striking in their entirety subsections (a) and (b) of said Code Section and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) The Georgia Real Estate Commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate for a term of five years. Five of the members shall be licensed real estate brokers or salesmen who shall have been residents of this State and actively engaged in the real estate business for five years. The six member of the Commission shall have no connection with the real estate industry whatsoever, but shall have a recognized interest in consumer affairs and in consumer protection concerns. The members of the Commission serving as such on January 1, 1978, shall continue to serve for the remainder of the terms of office to which they were appointed. One of the successors to the two members whose terms of office shall expire in January, 1979, shall be appointed for a term of office of three years and the other successor shall be appointed for a term of office of four years. One of the successors to the two members whose terms of office shall expire in January, 1980, shall be appointed for a term of office of five years and the other successor shall be appointed for a term of office of four years. Thereafter, all future successors to such members shall be appointed for terms of office of five years.

"GA1978.1.955">

(b) Members of the Commission shall serve until their successors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of a successor by the Governor, with the approval of the Secretary of State, for the unexpired term of office. Four members shall constitute a quorum for the transaction of any business of the Commission. The Commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry into effect the provisions of this Chapter and may, from time to time, promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the Commission. Members of the Commission or others may be designated by the chairman of the Commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states and attend interstate meetings and generally do such acts and things as may to the Commission seem advisable in the advancement of the profession and the standards of the real estate business. Every member of the Real Estate Commission shall receive as compensation for each day actually spent on the work of the Commission and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum or sums as are now fixed by law, and he shall also receive, in addition thereto, his actual necessary expenses incurred while engaged in the work of the Commission. Said Real Estate Commission is empowered to employ such assistants or employees as are necessary to do the work of the Commission and the Commission is empowered to employ and dismiss such persons and to fix the compensation of such assistants or employees. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.956">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. GEORGIA ELECTRICAL CONTRACTORS ACT AMENDED. No. 1009 (Senate Bill No. 402). AN ACT To amend the Georgia Electrical Contractors Act, approved April 8, 1971 (Ga. Laws 1971, p. 583), so as to change the membership of the Georgia State Board of Electrical Contractors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Electrical Contractors Act, approved April 8, 1971 (Ga. Laws 1971, p. 583), is hereby amended by striking from the second sentence of Section 4 the word seven and substituting in lieu thereof the word nine, and by adding between the eighth and ninth sentences of said Section the following: Two members shall not have any connection with the electrical contracting industry or electrical industry whatsoever, but they shall have a recognized interest in consumer affairs and in consumer protection concerns.,

"GA1978.1.957">

so that when so amended, Section 4 shall read as follows: Section 4. Georgia State Board of Electrical Contractors Created; Members of Board; Appointment; Terms; Quorum; Business by Telephone; Removal; Vacancies. There is hereby created a Georgia State Board of Electrical Contractors. The Board shall consist of nine members, each of whom shall be appointed by the Governor and confirmed by the Senate, to serve for a term of three years. The first appointees shall be appointed for terms of: two for one year, two for two years, and three for three years. Thereafter, all appointments shall be for a term of three years. One of the members of the Board shall be a professional electrical engineer engaged in the private practice of electrical engineering and not employed by an electrical contractor. One member shall be a person engaged in the business of general contracting, either commercial or residential. Two members, each of whom shall be the chief electrical inspector of a county or municipality, who have been in such position at least five years immediately preceding their appointment. Three members shall be actively engaged in the business of electrical contracting with a firm, partnership or corporation located in the State of Georgia, who have been in such business at least five years immediately preceding their appointment. Two members shall not have any connection with the electrical contracting industry or electrical industry whatsoever, but they shall have a recognized interest in consumer affairs and in consumer protection concerns. In making the original appointments for three years to such Board, selection shall be from different areas of the industry. A majority of the Board members shall constitute a quorum for all Board business and, with the exception of hearings in contested cases, may conduct business by conference telephone. The Governor may remove any member of the Board for neglect of duty, incompetence, revocation or suspension of his license or other dishonorable conduct. After such removal or vacancy due to death or resignation, the Governor shall appoint a successor to serve the unexpired term. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.958">

REGENTS OF THE UNIVERSITY SYSTEMSCHOLARSHIPS. No. 1012 (Senate Bill No. 384). AN ACT To authorize the Board of Regents of the University System of Georgia to grant certain scholarships; to provide for other matters relative thereto; to provide conditions for the effectiveness 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. Board of Regents scholarships. The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000 received. Section 2. Applications for scholarships. 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.

"GA1978.1.959">

Section 3. Funding. The funds necessary to provide for the program of scholarships authorized by this Act shall come from funds appropriated or otherwise made available to the Board of Regents for such purposes. Section 4. Condition for effectiveness; effective date. This Act shall become effective only if an amendment to the Constitution completely revising Article X thereof and changing other provisions of the Constitution in connection therewith is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. If said amendment is not so ratified, this Act shall be null, void and of no force and effect. Section 5. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. CHEROKEE JUDICIAL CIRCUITADDITIONAL JUDGE. No. 1013 (Senate Bill No. 285). AN ACT To provide for one additional judge of the superior courts of the Cherokee 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

"GA1978.1.960">

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 Cherokee 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 Cherokee 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.

"GA1978.1.961">

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 Cherokee 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 Cherokee 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 Cherokee 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. 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 Cherokee 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 Cherokee Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

"GA1978.1.962">

Section 6. All writs and processes in the superior courts of the Cherokee 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. Section 7. The two judges of the superior courts of the Cherokee 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 Cherokee 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 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 Cherokee 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

"GA1978.1.963">

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. 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. Section 9. The two judges of the Cherokee 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 Cherokee Judicial Circuit may bear teste in the name of any judge of the Cherokee 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 either judge of the circuit, the governing authorities of the counties comprising the Cherokee Judicial Circuit are hereby authorized to furnish the

"GA1978.1.964">

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 14, 1978. STATE MEDICAL EDUCATION BOARD. No. 1015 (Senate Bill No. 383). AN ACT To create the State Medical Education Board as the successor to and as a continuation of the heretofore existing State Medical Education Board; to provide for a Secretary and Treasurer of the Board

"GA1978.1.965">

and for clerical assistance; to provide for a Chairman and other officers and for meetings; to provide for loans and scholarships and for requirements in connection therewith; to provide for certain contracts; to provide for certain arrangements and contracts with certain medical colleges; to provide for the cancellation of contracts under certain conditions; to provide for funding; to provide for reports; to provide for a statement of purpose; to provide conditions for the effectiveness of this Act; 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 . 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 State Medical Education Board created herein shall be the successor to and a continuation of the heretofore existing State Medical Education Board. The members of the Board in office on the effective date of this Act 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. Section 2 . Compensation and allowances. For attending meetings of the Board and for traveling in carrying out their official duties, the members of the Board shall receive the compensation and allowances specified by the Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended.

"GA1978.1.966">

Section 3 . Secretary, clerical assistance. (a) 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 the Board shall be fixed by 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 and Treasurer, the premium on such bond to be paid out of the funds of the Board. (b) The Board may employ clerical assistance as is required and needed. Section 4 . Chairman, other officers, meetings. 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 in Atlanta, Georgia, and shall meet at the said office or elsewhere at least once each year 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. Section 5 . Loans and scholarships. (a) It shall be the duty of the Board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified two-year or 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

"GA1978.1.967">

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 Section. 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 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. (b) The 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 Section. Section 6 . Amount, requirements. 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 directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the Board. One-fifth of the loan or scholarship together with the interest thereon shall be credited to the applicant for each year of

"GA1978.1.968">

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. Section 7 . Contract required. Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney General, 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 Act 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. Section 8 . Medical colleges. It shall be the duty of the Board to contact and make inquiry of such of the two-year and 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

"GA1978.1.969">

to be approved by the Attorney General, 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 two-year or four-year medical school or college in which said applicant may obtain admission, and which is approved by the Board. Section 9 . Cancellation. 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. Section 10 . Funding. (a) The funds necessary for the loans or scholarships provided for by this Act and to administer this Act shall come from funds made available to the Board from appropriations to the Board of Regents for medical scholarships. (b) All funds made available to the Board as provided by subsection (a) of this Section shall be paid to and received by the Treasurer of the Board and by him deposited in some solvent bank within the State of Georgia, selected by the Board. Section 11 . Reports. 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 or scholarships, and where they are practicing, and shall make a full report of all its expenditures for salaries and expenses incurred hereunder.

"GA1978.1.970">

Section 12. Purpose. It is the purpose and intent of this Act 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. Section 13. Condition for effectiveness; effective date. This Act shall become effective only if an amendment to the Constitution completely revising Article X thereof and changing other provisions of the Constitution in connection therewith is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. If said amendment is not so ratified, this Act shall be null, void and of no force and effect. Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. COBB JUDICIAL CIRCUITADDITIONAL JUDGE. No. 1016 (House Bill No. 1453). AN ACT To add one additional judge of the superior courts of the Cobb Judicial Circuit of Georgia; to provide for the election of such judge and his successors; to prescribe the powers of said judge; to provide for the compensation, salary, and expense allowance of said judge to

"GA1978.1.971">

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 Cobb Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide effective dates; 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 Cobb Judicial Circuit of Georgia is hereby added, thereby increasing to four the number of judges of the superior courts for said circuit. Section 2. Such additional judge 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. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Cobb 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

"GA1978.1.972">

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 Cobb 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 the Cobb 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. 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 Cobb 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 Cobb 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 Cobb 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.

"GA1978.1.973">

Section 7. The four judges of the superior courts of the Cobb 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 appoint the judge of the juvenile court as provided by law. The four judges of the superior courts of the Cobb 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 or fixing the calendars and order of business in said courts. They may assign to one or more 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 one or more of the other judges, 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. Section 8. The drawing and empaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately, or before each of them at the same time. Section 9. The four judges of the Cobb 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.

"GA1978.1.974">

Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cobb Judicial Circuit may bear teste in the name of any judge of the Cobb 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 authorities of the counties comprising the Cobb 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. For the purpose of the election of the additional judge at the general election of 1978, as provided by Section 2 of this Act, this Act shall be effective upon its approval by the Governor or upon its otherwise becoming effective without his approval. For all other purposes this Act shall become effective on January 1, 1979. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.975">

SOUTH GEORGIA JUDICIAL CIRCUITADDITIONAL JUDGE. No. 1017 (House Bill No. 1388). AN ACT To add one additional judge of the superior courts of the South Georgia 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; 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 South Georgia 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 South Georgia 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

"GA1978.1.976">

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. Section 3 . Every person who offers for nomination and election as one of the judges of said superior courts for the South Georgia 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 South Georgia 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 South Georgia 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. Section 5 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all

"GA1978.1.977">

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 judges of the superior courts of the South Georgia Judicial Circuit. Section 6 . All writs and processes in the superior courts of the South Georgia 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. Section 7 . The two judges of the superior courts of the South Georgia 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 South Georgia Judicial Circuit serving at the time this Act becomes effective shall be the first chief judge and shall continue as chief judge 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 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 South Georgia 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 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

"GA1978.1.978">

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. 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. Section 9 . The two judges of the South Georgia 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 South Georgia Judicial Circuit may bear teste in the name of any judge of the South Georgia 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 either judge of the circuit, the governing authorities of the counties comprising the South Georgia 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.

"GA1978.1.979">

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 14, 1978. GEORGIA STATE COMMISSION OF INDIAN AFFAIRS ACT AMENDED. No. 1018 (House Bill No. 1530). AN ACT To amend an Act creating the Georgia State Commission of Indian Affairs, approved March 23, 1977 (Ga. Laws 1977, p. 764), so as to redefine the purpose of the commission; to change the membership of the commission; to specify a quorum; to provide for deletion of obsolete provisions; to strike the provision providing for repeal of the Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Georgia State Commission of Indian Affairs, approved March 23, 1977 (Ga. Laws 1977, p. 764), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows: Section 2. Purposes for creation.The purposes of the commission shall be to deal fairly and effectively with Indian affairs; to

"GA1978.1.980">

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., and substituting in lieu thereof a new Section 2 to read as follows: Section 2. Purposes for creation.The purpose of the commission shall be to preserve and foster the culture and heritage of Indians and Indian descendants in this State and to designate an agency to deal with specific federal programs which are required to be dealt with only by an Indian agency or organization. It is not the purpose of the commission to deal with programs already administered by other agencies. Section 2 . Said Act is further amended by striking in its entirety Section 4 thereof and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Membership.The Georgia State Commission of Indian Affairs shall consist of nine members as follows: four members appointed by the Governor not less than one of whom shall be a Creek Indian and not less than one of whom shall be a Cherokee Indian; two members who shall be Indians appointed by the Lieutenant Governor; one member who shall be the Commissioner of the Department of Community Affairs; and two members who shall be Indians appointed by the Speaker of the House from a list of six or more names recommended to the Speaker by the other seven members of the commission. The initial members of the commission shall be appointed within 60 days after the effective date of this Section. Two of the initial members appointed by the Governor shall be appointed to terms of two years; two of the initial members appointed by the Governor shall be appointed for terms of four years. One each of the initial members appointed by the Speaker of the House and the Lieutenant Governor shall be appointed to terms of two years and 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

"GA1978.1.981">

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. Laws 1973, p. 701), as now or hereafter amended. Any member of the commission who was appointed as an Indian may be removed from the commission by the officer making the initial appointment, upon recommendation of a majority of the other members of the commission, when it appears that the member's Indian status was fraudulently claimed. Section 3 . Said Act is further amended by striking from subsection (b) of Section 5 thereof the following: Three-fourths, and substituting in lieu thereof the word: Six, so that when so amended subsection (b) of Section 5 shall read as follows: (b) Six of the members of the commission must be present to constitute a quorum. Section 4 . Said Act is further amended by striking in its entirety Section 6 thereof and substituting in lieu thereof a new Section 6 to read as follows: Section 6. The commission created by this Act is hereby assigned to the Department of Community Affairs for administrative purposes only, as provided in Section 3 of the Executive Reorganization Act of 1972 (Ga. Laws 1972, p. 1015), as now or hereafter amended. Section 5 . Said Act is further amended by striking the second sentence of Section 7 thereof, which reads as follows: This Act shall stand repealed and be null and void on July 1, 1978.,

"GA1978.1.982">

so that when so amended Section 7 shall read as follows: Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 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 14, 1978. PUBLIC REVENUEWITHHOLDING AND ESTIMATED TAX PROVISIONS AMENDED. No. 1019 (House Bill No. 1401). AN ACT To amend an Act to impose withholding and estimated taxes to aid in the collection of the income tax imposed by law upon individuals, approved January 28, 1960 (Ga. Laws 1960, p. 7), as amended, so as to remove an exclusion of remuneration paid for active service as a member of the armed forces from the meaning of the word wages, as used in the Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to impose withholding and estimated taxes to aid in the collection of the income tax imposed by law upon individuals, approved January 28, 1960 (Ga. Laws 1960, p. 7), as amended, is hereby amended by striking paragraph (5) of subsection (a) of Section 2 thereof in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows:

"GA1978.1.983">

(5) WagesThis term means all remuneration paid (other than fees paid to a public official) for services performed by an employee for his employer, including the cash value of all remuneration paid in any medium other than cash, and without any deduction of any amounts withheld by the employer for any reason, and regardless of the terminology which the employer or employee may apply to such remuneration, except that such term shall not include remuneration paid: (A) For agricultural labor. (B) For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. (C) For services performed by a duly ordained, commissioned or licensed minister of a church in the exercise of his ministry, or by a member of a religious order in the exercise of duties required by such order. (D) For services performed for a foreign government or an international organization. (E) For service not in the course of the employer's trade or business performed in any calendar quarter, by an employee unless the cash remuneration paid for such service is fifty dollars or more and such service is performed by an individual who is regularly employed, as defined in the rules and regulations of the State Revenue Commissioner, by such employer to perform such services. (F) For services performed by an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery of distribution to any point for subsequent delivery or distribution, or for services performed by an individual in, and at the time of, the sale of newspapers or magazines to ultimate consumers, under an arrangement under which the newspapers or magazines are to be sold by him at a fixed price, his compensation being based on the retention of the excess of such price over the amount at which the newspapers or magazines are charged to him, whether or not he is guaranteed a minimum amount of compensation for such service, or is entitled to be credited with the unsold newspapers or magazines turned back.

"GA1978.1.984">

(G) For services not in the course of the employer's trade or business, to the extent paid in any medium other than cash. (H) For services for an employer performed by a resident or domiciliary of Georgia in another state if, at the time of the payment of such remuneration, the employer is required by the law of such other state to withhold income tax upon such remuneration. (I) For services performed as a master, officer, or any other seaman who is a member of the crew on a vessel engaged in the foreign, coastwise, intercoastal, interstate, or contiguous trade to the extent withholding from such wages is prohibited by the laws of the United States. (J) To, or on behalf of, any employee: (i) From or to a trust described in Section 401 (a) of the Federal Internal Revenue Code of 1954 which is exempt under Code Section 92-3105 (k) at the time of such payment unless such payment is made to an employee of the trust as remuneration for services rendered as such employee and not as a beneficiary of the trust. (ii) Under or to an annuity plan which, at the time of such payment, meets the requirements of Section 401 (a) (3), (4), (5) and (6) of the Federal Internal Revenue Code of 1954. (K) For services performed by a nonresident if such nonresident has been employed within this State for no more than 23 calendar days during the calendar quarter. Section 2. This Act shall take effect January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.985">

STATE BOARD OF CORRECTIONS ACT AMENDED. No. 1020 (House Bill No. 1501). AN ACT To amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 7, 1961 (Ga. Laws 1961, p. 127), by an Act approved March 18, 1964 (Ga. Laws 1964, p. 495), by an Act approved April 12, 1968 (Ga. Laws 1968, p. 1399), and by an Act approved March 25, 1976 (Ga. Laws 1976, p. 949), so as to repeal Section 24 which provides statutory and extra good-time allowances for those persons sentenced to the State penal system prior to July 1, 1976; to enact a new Section 24 so as to make the provisions of Section 24A, as amended herein, which provide for earned time allowances based upon performance, applicable to those persons sentenced to the State penal system prior to July 1, 1976, having sentences other than life imprisonment or death, and those misdemeanor offenders confined under county jurisdiction prior to July 1, 1976, and to require and provide for the conversion of the computation of their sentences from good-time governed sentences to earned time governed sentences as of September 1, 1978; to provide for the administrative processing of the conversion thereof according to the schedule set forth herein; to amend Section 24A which provides that the State Board of Corrections shall formulate rules and regulations providing for all earned time allowances to be awarded to prisoners based upon the performance of the prisoners, so as to remove the requirements of differentiation between habitual offenders and others for the purposes of awarding earned time; to remove the definition of habitual offenders for the purposes of awarding earned time; to provide for the administrative processing of the application of the earned time allowances under Section 24A to those persons previously classified as habitual offenders under Section 24A; to remove the prohibition against forfeiture of earned time as to those persons prosecuted for the commission of crimes while incarcerated; to remove the provision that Section 24A

"GA1978.1.986">

shall apply only to those sentenced to the State penal system on July 1, 1976, and thereafter; to repeal an Act prescribing good-time allowances and extra good-time allowances for prisoners incarcerated under county jurisdiction, approved March 18, 1964 (Ga. Laws 1964, p. 493), as amended, particularly by an Act approved March 25, 1976 (Ga. Laws 1976, p. 949); 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. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 7, 1961 (Ga. Laws 1961, p. 127), by an Act approved March 18, 1964 (Ga. Laws 1964, p. 495), by an Act approved April 12, 1968 (Ga. Laws 1968, p. 1399), and by an Act approved March 25, 1976 (Ga. Laws 1976, p. 949), is hereby amended by striking Section 24 of said Act in its entirety and inserting in lieu thereof a new Section 24 to read as follows: Section 24. (a) Commencing September 1, 1978, Section 24A, as amended, of this Act which provides for earned time allowances to be awarded to prisoners based upon the performance of the prisoner shall apply to those persons sentenced to the State penal system prior to July 1, 1976, having sentences other than life imprisonment or death, such application being deemed beneficial to the sentenced person by shortening the projected period of incarceration. The Director of Corrections shall make a conversion of the computation of the sentences of those persons sentenced to the State penal system prior to July 1, 1976, other than those sentenced to life imprisonment or death, by comparing the projected release date of each such persons computed pursuant to former Section 24 of this Act, as amended, which granted statutory good-time and extra good-time allowances, giving appropriate credit or deductions for statutory good-time, extra good-time, and forfeitures of good-time and extra good-time unrestored as of September 1, 1978, with a projected release date for each such person computed from the date of sentencing pursuant to Section 24A, as amended, of this Act and the rules and regulations in force as of September 1, 1978, formulated and promulgated by the State Board of Corrections by authority of Section

"GA1978.1.987">

24A, as amended, of this Act, providing for earned time allowances to be awarded to prisoners, with forfeitures of good-time and extra good-time unrestored as of September 1, 1978, being treated in accordance with the earned time rules and regulations concerning forfeited time. If the projected release date computed under the earned time rules and regulations is earlier in time for a particular person sentenced prior to July 1, 1976, such projected earned time release date shall be adopted by the Director of Corrections as the projected release date for that person. If the projected release date computed under the earned time rules and regulations is later in time for a particular person sentenced prior to July 1, 1976, the Director of Corrections shall grant such person sufficient additional earned time allowances so as to make that person's projected earned time release date the same as the projected release date computed under former Section 24 of this Act, as amended, which granted statutory good-time and extra good-time and such date shall be adopted by the Director of Corrections as the projected earned time release date for that person. The Director of Corrections shall accomplish administrative processing of the conversion as of September 1, 1978, of the computation of the sentences of persons sentenced prior to July 1, 1976, other than those sentenced to life imprisonment or death, from good-time and extra good-time governed sentences to earned time governed sentences in the following order: (1) If conversion will foreseeably produce an immediate benefit to the person within 90 days from September 1, 1978, by September 30, 1978; and (2) If conversion will foreseeably produce an immediate benefit to the person more than 90 days but less than 180 days from September 1, 1978, by October 31, 1978; and (3) If conversion will foreseeably produce an immediate benefit to the person more than 180 days from September 1, 1978, by November 30, 1978. (b) Commencing September 1, 1978, Section 24A, as amended, of this Act which provides for earned time allowances to be awarded to prisoners based upon the performance of the prisoner shall apply to misdemeanor offenders confined in county facilities prior to July 1, 1976, under the jurisdiction of the county as provided

"GA1978.1.988">

in Code Section 27-2506(a). Conversion of the computation of the sentences of those persons from good-time and extra good-time governed sentences to earned time governed sentences shall be made by the sheriff of the county, chief jailer, warden or other officer designated by the county as custodian of said prisoner in the same manner and pursuant to the same schedule as the Director of Corrections is directed to do for persons sentenced to the State penal system prior to July 1, 1976, by subsection (a) of this Section 24 of this Act. Section 2. Said Act is further amended by striking from subsection (a) of Section 24A the following: Such rules and regulations shall differentiate between habitual offenders for the purposes of awarding earned time. Habitual offenders shall be defined, for the purposes of this Act, as having received three or more felony convictions., and by adding at the end thereof the following: The Director of Corrections shall accomplish administrative processing of the application of the provisions of this Section by September 30, 1978, to those persons previously classified hereunder as habitual offenders., so that when so amended, subsection (a) of Section 24A shall read as follows: (a) The State Board of Corrections shall formulate and promulgate rules and regulations providing for earned time allowances to be awarded to prisoners based upon the performance of the prisoners. Except that earned time allowances shall not be awarded to prisoners sentenced to life imprisonment. Such rules and regulations shall not provide for earned time allowances exceeding onehalf of the period of confinement imposed by the court. The State Board of Pardons and Paroles shall respect the rules and regulations of the State Board of Corrections in computing the time served by inmates of the institution and shall cooperate in extending parole and clemency to such as are subject to special consideration. The Director of Corrections shall accomplish administrative processing of the application of the provisions of this Section by September 30, 1978, to those persons previously classified hereunder as habitual offenders.

"GA1978.1.989">

Section 3. Said Act is further amended by striking from the end of the second sentence of subsection (b) of Section 24A the following: and the forfeiture is in lieu of prosecution, so that when so amended, subsection (b) of Section 24A shall read as follows: (b) The wardens or superintendents of the various correctional facilities within the State shall immediately notify the State Board of Corrections in writing of any punishment imposed or other disciplinary action taken against any prisoner under such warden's or superintendent's custody, said report to be on forms prescribed and furnished by the State Board of Corrections, and shall show, among other things, the detail assignment and behavior record of the prisoner. From said records so furnished, the Director of Corrections or his assistants may suspend the prisoner from receiving earned time for a specified period, and may forfeit up to one-half the earned time allowances where the disciplinary action involves a violation of prison rules and regulations or forfeit all or any part of earned time allowances where the violation is a crime punishable by law. Section 4. Said Act is further amended by striking in its entirety subsection (e) of Section 24A which reads as follows: (e) This Section shall apply only to those prisoners sentenced to the State penal system on July 1, 1976, and thereafter. Section 5. An Act prescribing good-time allowances and extra good-time allowances for prisoners incarcerated under county jurisdiction, approved March 18, 1964 (Ga. Laws 1964, p. 493), as amended, particularly by an Act approved March 25, 1976 (Ga. Laws 1976, p. 949), is hereby repealed in its entirety. Section 6. This Act shall become effective on September 1, 1978. 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

"GA1978.1.990">

sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDTRANSFER OF SICK AND PERSONAL LEAVE. No. 1021 (Senate Bill No. 553). AN ACT To amend an Act providing for sick leave of teachers in the public schools of this State, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 43), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 972), so as to provide clarification of the process to transfer accumulated sick and personal leave of a teacher changing employment from one local board of education to another local board of education in Georgia; to clarify the funding obligations of local boards of education and the State Board of Education in instances of such transfers; and to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 972), so as to provide for an authorized sum needed per instructional unit for sick and personal leave; to provide a basis to effect the accumulation of unused sick and personal leave from year to year; to provide for all matters relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.991">

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for sick leave of teachers in the public schools in this State, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 43), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 972), is hereby amended by striking subsection (b) of Section 1 in its entirety and inserting in lieu thereof a new subsection (b) of Section 1 to read as follows: (b) Any unused sick and personal 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 in Georgia; but no local board of education shall be required to transfer funds to another local board of education, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by Section 16 of the Adequate Program for Education in Georgia Act, as amended, to finance the potential or actual cost incurred by a local unit of administration through the employment of a teacher who is transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal 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. Section 2. The Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 972), 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, 7, 10, 11, and 12 by a sum of money not less than $125. The appropriation by the General Assembly of sufficient funds to finance a sum of money not less than $125 per instructional unit for sick and personal leave will bring into effect for that fiscal year and thereafter the provisions relative to accumulation of unused sick and

"GA1978.1.992">

personal leave of the Act providing for sick leave of teachers in the public schools in this State, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 43), as amended, and 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. 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 14, 1978. GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED. No. 1022 (Senate Bill No. 398). AN ACT To amend the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved March 5, 1976 (Ga. Laws 1976, p. 395), so as to change the definition of the terms peace officer and law enforcement unit; to require that the Board of Offender Rehabilitation shall establish a program of required training for all employees of the Department of Offender Rehabilitation and for employees of county correctional institutions who are authorized to exercise the power of arrest; to require that the Board of Pardons and Paroles shall establish a program of required training for all employees of the Board who are authorized to exercise the power of arrest; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.993">

Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved March 5, 1976 (Ga. Laws 1976, p. 395), is hereby amended by adding at the end of subsection (d) of Section 2 the following paragraph: The term `peace officer' shall not include any personnel employed by the Department of Offender Rehabilitation, the Board of Pardons and Paroles or any county correctional institution. Section 2. Said Act is further amended by adding at the end of subsection (e) of Section 2 the following paragraph: The term `law enforcement unit' shall not include the Department of Offender Rehabilitation, the Board of Pardons and Paroles or any county correctional institution. Section 3. Said Act is further amended by inserting between Sections 2 and 3 a new Section 2A to read as follows: Section 2A. The Board of Offender Rehabilitation shall establish by appropriate rules and regulations a program of required training for all employees of the Department of Offender Rehabilitation and for employees of county correctional institutions who are authorized to exercise the power of arrest. The Board of Pardons and Paroles shall establish by appropriate rules and regulations a program of required training for all employees of the Board who are authorized to exercise the power of arrest. 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 14, 1978.

"GA1978.1.994">

GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDEDFRAUD IN OBTAINING PUBLIC ASSISTANCE. No. 1023 (Senate Bill No. 403). AN ACT To amend an Act known as The Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. Laws 1965, p. 385), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 477), so as to change the provisions relative to the offense of fraud in obtaining public assistance; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as The Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. Laws 1965, p. 385), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 477), is hereby amended by adding to subsection (b) of Section 13, immediately after the first sentence thereof, the following: Any person who intentionally, with knowledge of the fraud, aids or abets any recipient of public assistance in obtaining or attempting to obtain any payment of public assistance to which the recipient is not entitled; or a payment in excess of that to which he is entitled, shall also be liable to the State for the amount of such payment., so that when so amended, said subsection (b) shall read as follows: (b) Any person who obtains any payment of public assistance to which he is not entitled, or in excess of that to which he is entitled, shall be liable to the State for the amount of such overpayment. Any person who intentionally, with knowledge of the fraud, aids or abets any recipient of public assistance in obtaining or attempting

"GA1978.1.995">

to obtain any payment of public assistance to which the recipient is not entitled; or a payment in excess of that to which he is entitled, shall also be liable to the State for the amount of such payment. Subject to the limitations hereafter provided, the amount of such overpayment may be recovered by civil action, and if the person receiving such overpayment continues on assistance, by proportionate reduction of future public assistance grants in accordance with regulations of the Department which shall conform to the Social Security Act and federal regulations promulgated pursuant thereto until the excess amount has been paid. In any case in which, under this Section, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the Department of Human Resources of the State of Georgia. Any repayment required by this subsection may be waived by the Department of Human Resources and the method of repayment, if any, including recoupments from current assistance grants, shall be determined by the Department. Recoupment may be initiated without regard to whether the Department has obtained a judgment in a civil action but shall not be initiated prior to notice and an opportunity for a hearing in accordance with this Act. The Department shall make such waivers and determinations of repayment and the manner of repayment in accordance with regulations of the Department which shall conform to the Social Security Act and the federal regulations promulgated pursuant thereto. Section 2 . In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part of 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 14, 1978.

"GA1978.1.996">

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDADULT EDUCATIONAL PROGRAMS. No. 1024 (Senate Bill No. 556). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide for the enrollment of selected individuals who are 16 or 17 years of age into adult education programs in Georgia; to provide for matters relating 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by inserting at the end of subsection (a) of Section 8 the following sentence: Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll into adult education programs if they receive written approval for such enrollment from the superintendent of the local school system or the superintendent's designee., so that when so amended subsection (a) of Section 8 shall read as follows: (a) The State Board of Education shall maintain an Adult General Education Program within the State. This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighth grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have

"GA1978.1.997">

more than an eighth grade education or its equivalent. Priority shall be given to elimination of illiteracy in the State and to the attainment of a General Educational Development (GED) equivalency diploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll into adult education programs if they receive written approval for such enrollment from the superintendent of the local school system or the superintendent's designee. However, the language contained herein shall in no way be interpreted to prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general education program upon proper petition as provided in APEG Section 32-604a. 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 14, 1978. DEPARTMENT OF INDUSTRY AND TRADEMEMBERSHIP ON BOARD. No. 1026 (Senate Bill No. 465). AN ACT To amend an Act creating the Department of Industry and Trade, approved February 7, 1949 (Ga. Laws 1949, p. 249), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 694), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 1299), so as to delete criteria for membership on the Board of Industry and Trade; to provide for an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.998">

Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Department of Industry and Trade, approved February 7, 1949 (Ga. Laws 1949, p. 249), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 694), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 1299), is hereby amended by striking Section 3 of said Act, which reads as follows: Section 3. The members of the board shall be appointed and shall have terms as provided in the amendment to the Constitution creating the Department of Industry and Trade and the Board of the Department of Industry and Trade ratified at the general election in 1962. Provided, however, by April 1, 1979, not less than five members of the Board shall be citizens whose interests are in the fields of planning and community affairs and represent local governments and area planning and development commissions; and not less than five members of the Board shall be citizens whose interests are in the fields of industry, trade and commerce., and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The members of the Board shall be appointed and shall have terms as provided by the Constitution of the State of Georgia. 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 14, 1978.

"GA1978.1.999">

STRUCTURAL PEST CONTROL ACT AMENDEDMEMBERSHIP ON COMMISSION. No. 1027 (Senate Bill No. 401). AN ACT To amend the Structural Pest Control Act, approved March 7, 1955 (Ga. Laws 1955, p. 564), as amended, particularly by an Act approved March 4, 1966 (Ga. Laws 1966, p. 171), and an Act approved February 27, 1976 (Ga. Laws 1976, p. 308), so as to change the membership of the Structural Pest Control Commission; to change the quorum of the Commission; 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. Laws 1955, p. 564), as amended, particularly by an Act approved March 4, 1966 (Ga. Laws 1966, p. 171), and an Act approved February 27, 1976 (Ga. Laws 1976, p. 308), is hereby amended by striking from the first sentence of Section 3 the following: six (6), and substituting in lieu thereof the following: seven, and by adding at the end of the fourth sentence of Section 3 the following: ; and one member who shall have no connection whatsoever with the pest control industry, but shall have a recognized interest in consumer affairs and in consumer protection concerns, so that when so amended, Section 3 shall read as follows: Section 3. The Structural Pest Control Commission in existence at the time of the adoption of this amendment is hereby abolished and in lieu thereof, there is hereby created a Structural Pest Control

"GA1978.1.1000">

Commission to consist of seven members, three (3) of whom shall be residents of this State who are engaged in the pest control industry and who are certified operators under this Act. Such members shall be appointed by the Commissioner. One (1) member shall be the head of the Department of Entomology of the University of Georgia, ex officio, or some qualified person of said department designated by him. One (1) member shall be the Director of Entomology of the Division of Entomology of the Department of Agriculture of the State of Georgia, ex officio; and one (1) member shall be the Commissioner of the Department of Human Resources ex officio, or some qualified person designated by him; and one member who shall have no connection whatsoever with the pest control industry, but shall have a recognized interest in consumer affairs and in consumer protection concerns. The Commissioner shall fill any vacancies that may occur in the appointive membership of the Commission. No business entity shall be represented by more than one (1) member on the Commission at any time. Section 2. Said Act is further amended by striking from Section 5, wherever it shall appear, the word three and substituting in lieu thereof the word four, so that when so amended, Section 5 shall read as follows: Section 5. The Commission shall elect from its membership a Chairman and a Vice-Chairman who shall be elected annually by the members of the Commission by a majority vote. Four members of the Commission shall constitute a quorum, but no action shall be taken without four votes in accord. The Commission shall determine the place and frequency of their meetings. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.1001">

STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORSMEMBERS. No. 1029 (Senate Bill No. 406). AN ACT To amend an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended, so as to provide for the appointment of an additional member to the Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended, is hereby amended by adding at the end of the first sentence of Section 7 the following: and one member who shall have no connection whatsoever with the plumbing or plumbing installation industry, but shall have a recognized interest in consumer affairs and in consumer protection concerns, so that when so amended, Section 7 shall read as follows: Section 7. The Board of Examiners shall consist of ten licensed master and contracting plumbers and four journeymen plumbers and one qualified full-time plumbing inspector and one member who shall have no connection whatsoever with the plumbing or plumbing installation industry, but shall have a recognized interest in consumer affairs and in consumer protection concerns. Plumbing inspector as herein used is hereby defined as a person who is currently employed by a governing authority of a municipality or county to inspect plumbing within the jurisdiction of the appointing authority. The members of the Board shall be appointed by the Governor, with the approval of the Secretary of State and shall be confirmed by the Senate. One master or contracting plumber shall be appointed from each Congressional District in Georgia. The first eight members of the Board to be appointed by the Governor shall serve on said Board until June 30, 1970, and the remaining members

"GA1978.1.1002">

of the Board appointed by the Governor shall serve on the said Board until June 30, 1972. On June 30, 1970, the Governor shall appoint eight new members who shall succeed to the offices of the original eight appointees and continue on in like manner, the intent of this law being to stagger the composition of the Board so that each member shall serve for a term of four years. Any member of the Board may be removed by the Board for misconduct, incompetency or neglect of duty. Vacancies shall be filled by appointment by the Governor for the unexpired term in manner similar to appointment for an original term. On July 1st of every even-numbered year the Board shall elect a chairman who shall serve 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. GEORGIA STATE BOARD OF FUNERAL SERVICESMEMBERS. No. 1030 (Senate Bill No. 400). AN ACT To amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 811), so as to change the membership of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.1003">

Section 1. An Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 811), is hereby amended by striking in its entirety Section 5 and substituting in lieu thereof a new Section 5 to read as follows: Section 5. Name and composition of board. Qualifications, appointment, terms and removal of members. Oath of members. Certificates of appointment. Vacancies.The board hereby created shall be known and designated as the `Georgia State Board of Funeral Service' and shall consist of six (6) members, who shall be duly licensed and practicing funeral directors and embalmers with a minimum of five (5) consecutive years as such in this State immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral service industry, but who shall have a recognized interest in consumer affairs and in consumer protection concerns. The members of said board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. A majority of the members of the board may remove any member of the board who misses three (3) or more consecutive regular meetings of the board without a medical reason and declare his position on the board to be vacant. Such person shall not be eligible for reappointment until the expiration of the term of office for which he was serving. The Governor shall have the power to remove from office any member of the board for wilful neglect of duty or for conviction of a crime involving moral turpitude. All persons appointed as members of said board shall qualify as such by taking an oath of office before any officer authorized by law to administer oaths within this State. Such oath shall be taken within thirty (30) days after such appointment has been made, and the oath of office of each member shall be filed with the secretary of the board within ten (10) days after its execution. Upon the taking and filing of such oath, a certificate of appointment shall be furnished to each member.

"GA1978.1.1004">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. GEORGIA ELECTION CODE AMENDED. Code Title 34 Amended. No. 1031 (Senate Bill No. 420). 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 definitions to be used in the Georgia Election Code; to provide for the preservation of records; to provide for county registrars; to provide for qualification of registrars and deputy registrars; to provide for registration cards; to provide for the keeping of registration cards and other papers, voter registration places and office hours; to provide for the examination of registration cards and registration; to provide for the filing of disqualification lists with registrars; to provide for lists of electors; to provide for voting only from electors' list; to provide for changes of residence of electors; to provide for the equipment and arrangement of polling places; to provide for November elections; to provide for filing notices of candidacy; to provide for the giving of a notice of intent of write-in candidates; to provide for the qualification of candidates for party nominations; to provide for the form of ballot labels on voting machines; to provide for the preparation of voting machines; to provide for the repair of voting machines; to provide for the form of ballot labels on vote recorders; to provide for reexamination of elector's qualifications; to provide for regulations to be enforced at polling places; to provide for lists of electors and voter's certificates; to provide for the duties of poll officers after the close of polls; to provide for the signing and disposition of returns, electors lists and voter's certificates, and posting of cards of instruction and notices, penalties and examination of voting machines; to provide for the disposition of returns; to provide

"GA1978.1.1005">

for returns in districts in which vote recorders are used; to provide for application for absentee ballots; to provide for the keeping and depositing of ballots; to provide for the delivery of ballots and other documents to the clerk of superior court; to replace the words Judge of the Probate Court with the word superintendent throughout said Title, except where the context requires otherwise; to prohibit certain persons from serving as poll watchers; to provide for requirements for voter registration places; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code Section 34-103, concerning definitions used in the Georgia Election Code, is hereby amended by deleting subsection (ac) in its entirety and the following is substituted in lieu thereof: (ac) The word `superintendent' shall mean the Judge of the Probate Court of a county or the county board of elections if a county has such;. Section 2. Georgia Code Section 34-103, concerning definitions used in the Georgia Election Code, is hereby amended by adding thereto a new subsection (ah) which shall read as follows: (ah) The `call', as used in relation to special elections or primaries, shall mean the affirmative action taken by the responsible public officer to cause a special election or primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action. Section 3. Georgia Code Section 34-303, concerning the preservation of records, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-303. Preservation of records. All primary and election documents in the office of the Secretary of State shall be preserved therein for a period of at least twenty-four (24) months and then the same may be destroyed unless otherwise provided by law.

"GA1978.1.1006">

Section 4 . Georgia Code Section 34-404, concerning the preservation of records, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-404. Preservation of records . All primary and election documents in the office of the election superintendent of each county shall be preserved therein for a period of at least twenty-four (24) months and then the same may be destroyed unless otherwise provided by law. Section 5 . Georgia Code Section 34-603, concerning county registrars, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: (a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of ten such electors and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge will designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as hereinafter provided. Such judge will have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors

"GA1978.1.1007">

of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided. Section 6 . Georgia Code Section 34-605, concerning qualifications of registrars and deputy registrars, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-605. Qualifications of registrars and deputy registrars . Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a County Board of Elections or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or tax collector. Provided, nothing herein shall preclude a member of a County Board of Elections, a registrar or deputy registrar from holding political party or body office or serving as a presidential elector. Section 7 . Georgia Code Section 34-608, concerning registration cards, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-608. Registration cards; supply; use . The registrars of the several counties shall obtain a supply of registration cards from the Secretary of State which shall be used by them in connection with the application of those persons seeking to register as electors. Section 8 . Georgia Code Section 34-610, concerning the keeping of registration cards and other papers, voter registration places and office hours, is hereby amended by adding thereto a new subsection (d) which shall read as follows:

"GA1978.1.1008">

(d) Blank registration cards shall be numbered and shall be issued only to deputy registrars who shall give the chief registrar a receipt therefor. The chief registrar shall maintain such receipts as he does other voter registration records. Registration shall be conducted only at the main office of the board of registrars and at such additional places as have been designated by the chief registrar pursuant to this Code. Section 9 . Georgia Code Section 34-613, concerning examination of registration cards and registration, is hereby amended by deleting subsection (b) in its entirety and the following is substituted in lieu thereof: (b) Notwithstanding any other provision of this Chapter, if additional places for registration have been designated, the chief registrar shall designate one or more registrars or one or more deputies, or any combination thereof, to act as a board of registrars for the purpose of taking applications for registration, examining applicants and registering persons to vote at each place of registration. Such application shall not be complete until approved by the board of registrars. While so acting, such registrar or registrars, or deputy or deputies, or combination thereof, shall have all the rights and powers and shall be subject to all the limitations that are applicable to the board of registrars. Section 10 . Georgia Code Section 34-621, concerning filing of disqualification lists with registrars, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-621. Filing of disqualification lists with registrars . The clerk of the superior court of each county shall, on or before the 10th day of each month, prepare and file with the registrars a complete list, alphabetically arranged with their addresses and ages, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suffrage restored to him. The Judge of the Probate Court of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity during the preceding month. The local registrar of vital statistics of each county shall, by such date, file a similar list of

"GA1978.1.1009">

those persons who have died during the preceding month. Each such list shall contain such other information as may be necessary to individually identify persons having the same or similar names. Section 11 . Georgia Code Section 34-623, concerning lists of electors, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-623. Filing of certified list with superior court clerk and Secretary of State; obtaining list from Secretary of State and board of registrars; arrangement of names; appearance of name on list as pre-requisite to voting . Within three days after completing such list of electors, the registrars shall file with the clerk of the superior court of their county and Secretary of State a certified copy of such list. When requested, it shall be the duty of the Secretary of State or the board of registrars, as the case may be, to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to one-quarter cent for the name of each elector appearing thereon. The list shall be alphabetically arranged by election districts and it shall be the list of electors for the November election to be held in such year. No person whose name does not appear on such list shall vote or be allowed to vote at such November election, except as hereinafter provided. Such lists of electors shall not be used by any person for commercial purposes. Section 12 . Georgia Code Section 34-629, concerning voting from lists, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-629. Voting only from list . All persons whose names 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 voters to vote as they otherwise would be permitted to vote in their respective election districts. Provided further, however, at least one polling place shall be open in each election district during each primary and each election.

"GA1978.1.1010">

Section 13 . Georgia Code Section 34-631, concerning changes of residence of electors, is hereby amended by adding thereto a new subsection (e) which shall read as follows: (e) Any elector who moves to a residence within the county but into a different election district within 30 days prior to an election or a primary and fails to notify the board of registrars of such fact, may go to the office of the board of registrars, make a proper address change and receive a document authorizing the elector to vote in the new district of residence after which the elector shall not vote in the district of his former residence. The board of registrars shall take such measures as are necessary to insure that an elector so authorized to vote in a new district shall not be permitted to vote in the district of his former residence. Section 14 . Georgia Code Section 34-708, concerning the equipment and arrangement of polling places, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: (a) The superintendent shall cause all rooms used as polling places to be suitably provided with heat and light, and, in districts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders are located if such booths have been designed so as to insure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein, and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be so placed in the voting rooms within the enclosed

"GA1978.1.1011">

space that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. Section 15 . Georgia Code Section 34-802, concerning November elections, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-802. November election . The Governor, Statehouse officers, Members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, county officers, and justices of the peace shall be elected in the November election next preceding the expiration of the term of office. Section 16 . Georgia Code Section 34-1002, concerning filing notices of candidacy, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-1002. Filing notice of candidacy . (a) The names of nominees of political parties nominated in a primary shall be placed on the ballots without their filing the notice of candidacy otherwise required by this Section. (b) Candidates, other than the nominees of political parties nominated in a primary, shall file their notice of candidacy in the following manner and pay the prescribed qualifying fee by the date hereinafter prescribed in order to be eligible to have their name placed on the general election ballot by the superintendent. (c) Each candidate, other than a nominee of a political party nominated in a primary, for federal or State office, or his agent, desiring to have his name placed on the ballot, shall file a notice of his candidacy, giving his name, residence address and the office he is seeking in the office of the Secretary of State no later than 12:00 noon on the second Wednesday in June preceding 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, other than a nominee of a political party nominated in a primary, for a county or militia district office, or his agent, desiring to have his name placed on the ballots shall file

"GA1978.1.1012">

notice of his candidacy in the office of the superintendent of his county no later than 12:00 noon on the second Wednesday in June preceding 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. (d) Each candidate required to file a notice of candidacy by this Section 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 hereinafter 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. (e) Each candidate required by this Section to file a notice of candidacy 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, or that he has been pardoned thereof with the date and authority of such pardon; and (viii) that he will not knowingly violate any provisions of this Code or 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. (f) A pauper's affidavit may be filed in lieu of paying any qualifying fee otherwise required by this Section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required.

"GA1978.1.1013">

Section 17. Georgia Code Chapter 34-10, concerning nomination of candidates, is hereby amended by adding thereto a new Code Section which shall read as follows: 34-1017. Notice of intent of write-in candidates. 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 superintendent of the county in which he is to be a candidate and by publication in the 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. Section 18. Georgia Code Section 34-1005, concerning qualification of candidates, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-1005. Qualification of candidates; time for opening and closing qualifications; posting of lists of candidates by political parties; certification of political party candidates to the superintendent and Secretary of State. (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

"GA1978.1.1014">

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.' (b) In the case of a general primary, the candidates shall commence qualifying at 9:00 a.m., on the fourth Wednesday in May and shall cease qualifying at 12:00 noon on the second Wednesday in June immediately preceding such primary. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary. (c) Within one hour after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the State executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located. (d) Each candidate for party nomination described in subsection (a) of this Section shall file an affidavit with the political party at the time of his qualifying stating: (1) his residence, with street and number, if any, and his post office address; (2) his profession, business or occupation, if any, (3) the name of his election district; (4) that he is an elector of the county of his residence eligible to vote in the primary election in which he is a candidate for nomination; (5) the name of the office he is seeking; (6) that he is eligible to hold such office; (7) that he has never been convicted and sentenced in any court of competent jurisdiction 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, or that he has been pardoned thereof with the date and authority of such pardon; and (8) that he will not knowingly violate any provisions of this Code or rules or regulations adopted thereunder.

"GA1978.1.1015">

Section 19. Georgia Code Section 34-1208, concerning form of ballot labels on voting machines, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: (a) The ballot labels shall be printed in black ink, upon clear white or pastel color material, of such size as will fit the ballot frame, and in plain clear type so as to be easily readable by persons with normal vision. Section 20. Georgia Code Section 34-1209, concerning preparation of voting machines, is hereby amended by deleting subsection (c) in its entirety and the following is substituted in lieu thereof: (c) On or before the twelfth day preceding a primary or election the superintendent 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 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 superintendent 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 printed on the voting machines, a written notice stating the times when and the place or places where 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 inspect the machines and 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

"GA1978.1.1016">

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 superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates. Section 21. Georgia Code Section 34-1215, concerning the repair of voting machines, is hereby amended by deleting subsection (b) in its entirety. Section 22. Georgia Code Section 34-1222, concerning form of ballot labels on vote recorders, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: (a) The ballot labels shall be printed in black ink, upon clear white or colored material, of such size and arrangement as will suit the construction of the vote recorder, and in plain clear type so as to be easily readable by persons with normal vision. Provided, red material shall not be used. Section 23. Georgia Code Section 34-1302, concerning voter's certificates, is hereby amended by deleting from subsection (a) thereof the following: (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:, and substituting in lieu thereof the following: (a) At each primary and election the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form:. Section 24. Georgia Code Section 34-627, concerning the right of registrars to reexamine the qualifications of electors, is hereby amended by deleting subsection (b) in its entirety and the following is substituted in lieu thereof:

"GA1978.1.1017">

(b) For the purpose of determining the qualification or disqualification of applicants and electors, the registrars may, upon at least five days' notice, require the production of books, papers and other material, and upon like notice may subpoena witnesses. The registrars may swear any witness appearing before them. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of a majority of the registrars shall control. Section 25. Georgia Code Section 34-1313, concerning regulations enforced at polling places, is hereby amended by deleting subsections (c), (e) and (g) in their entireties and substituting the following, respectively, in lieu thereof: (c) No elector, except a poll officer or poll watcher, shall reenter the enclosed space after he has once left it, except to give assistance as provided by this Code.; (e) All persons, except poll officers, poll watchers, persons in the course of voting, persons lawfully giving assistance to electors, and peace officers, when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting.; and (g) It shall be the duty of the chief manager to secure the observances of this Section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this Chapter. Further, from the time a polling place is opened until the ballots are delivered to the superintendent, the ballots shall be in the custody of at least two poll officers at all times. Section 26. Georgia Code Section 34-1314.1, concerning lists of electors and voter's certificates, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-1314.1. Return of checked list and voter's certificates; registrars to keep list and certificates open to public inspection. The chief manager in each election district shall return a checked list of electors, reflecting those who voted and those who received assistance in

"GA1978.1.1018">

voting and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least twenty-four (24) months and such electors lists for at least ten (10) years which shall be available for public inspection. Section 27. Georgia Code Section 34-1321, concerning duties of poll officers after the close of the polls, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-1321. Duties of poll officers after the close of the polls. After the polls are closed and the last elector has voted in districts in which ballots are used, at least two poll officers shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and cancelled, shall be announced to all present in the voting room, and entered upon the general returns of votes cast at such primary or election. The poll officer shall then compare the number of electors voting as shown by the stubs with the number of names shown as voting by the electors' list, voter's certificate, and the numbered list of voters, and shall announce the result, and shall enter on the general returns the number of electors who have voted, as shown by the voter's certificates. If any differences exist, they shall be reconciled, if possible, otherwise they shall be noted on the general returns. The electors' list, the voter's certificates, the numbered list of voters and the stubs of all ballots used, together with all unused ballots, and all spoiled and cancelled ballots, and all rejected voter's certificates shall then be placed in separate packages, containers or envelopes, and sealed, before the ballot box is opened. Section 28. Georgia Code Section 34-1326, concerning signing and disposition of returns, electors' list and voter's certificates, posting and return of ballot boxes, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: (a) Immediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be immediately

"GA1978.1.1019">

posted for the information of the public outside the polling place or place of tabulation and one of such returns shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officer shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and cancelled, together with the voter's certificates, one set of the tally papers, one general return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent, and the superintendent shall not compute any returns from any election district until the ballot boxes therefor, as well as the package of unused ballots and other election supplies therefrom are so delivered. Section 29. Georgia Code Section 34-1327, concerning opening of polls, posting cards of instruction and notices of penalties and examination of voting machines, is hereby amended by deleting subsection (g) in its entirety and the following is substituted in lieu thereof: (g) If during the primary or election, a voting machine becomes inoperative in such manner that it cannot be readily repaired without exposing the count on the candidate counters, the poll officer 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, 34-1332, 34-1333, and 34-1334 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 30. Georgia Code Section 34-1337, concerning returns in districts in which vote recorders are used, is hereby deleted in its entirety and the following is substituted in lieu thereof:

"GA1978.1.1020">

34-1337. Return in districts in which vote recorders are used. Upon completion of the count of write-in votes, the manager shall prepare and sign a return, in sufficient counterparts, showing: (a) the number of valid ballot cards, including any that are damaged; (b) the number of write-in ballots voted, and the tally of the write-in votes; (c) the number of spoiled and invalid ballot cards; and (d) the number of unused ballot cards. The manager shall then place one counterpart of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in an envelope, in the ballot card container, which shall be sealed and signed by the manager so that it cannot be opened without breaking the seal. The managers shall then deliver in the custody of at least two poll officers the container to the tabulating machine center, or other place designated by the superintendent and shall receive a receipt therefor. The remaining counterparts of the returns, unused ballot cards, records, vote recorders, and other materials shall be returned in the same manner as similar materials in election districts in which voting machines and paper ballots are used. Section 31. Georgia Code Section 34-1402, concerning applications for absentee ballots, is hereby amended by adding thereto a new subsection (d), which shall read as follows: (d) In those counties in which the board of registrars provides application forms for absentee ballots, the board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of his college or university. Section 32. Georgia Code Section 34-1407, concerning keeping and depositing ballots, is hereby amended by deleting subsection (b) in its entirety and the following is substituted in lieu thereof: (b) After the close of the polls on the day of the primary or election, in election districts other than those in which vote recorders are used, 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 manager in charge of the absentee ballot precinct of the county which shall be located in the county courthouse. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following

"GA1978.1.1021">

the procedures prescribed by this Code for other ballots, insofar as practicable, and prepare election returns for each election district in which absentee ballots were cast. In those districts in which vote 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. Section 33. Georgia Code Section 34-1515, concerning delivery of ballots and other documents to the clerk of superior court, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34-1515. Delivery of ballots and other documents to clerk of superior court. Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed containers to the clerk of the superior court the used, unused and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet, involved in the primary or election. The clerk shall hold such ballots and other documents under seal (unless otherwise directed by the superior court) for at least twenty-four (24) months after which they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk until the adjournment of such grand jury and then they may be destroyed unless otherwise provided by court order. Section 34. Georgia Code Title 34, also known as the Georgia Election Code, concerning elections, is hereby further amended by replacing the words Judge of the Probate Court with the word superintendent throughout said Code Title, except where the context requires otherwise. Section 35. Code Section 34-1310, relating to poll watchers in primaries and elections, as amended, is hereby amended by adding at the end thereof a new subsection (d) to read as follows:

"GA1978.1.1022">

(d) No person shall be appointed or eligible to serve as a poll watcher in any primary or election in which such person is a candidate. Section 36. Code Section 34-610, relating to the keeping of registration cards and other papers, voter registration places and office hours, as amended, is hereby amended by adding thereto a new subsection (d) which shall read as follows: (d) All voter registration places shall be places open to the general public and frequented by the general public. Section 37. 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 38. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 39. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.1023">

GEORGIA ELECTION CODEPLACES FOR REGISTRATION. Code Section 34-610 Amended. No. 1032 (Senate Bill No. 544). AN ACT To amend Code Section 34-610, relating to the keeping of registration cards and other papers, voter registration places and office hours, as amended, so as to provide for the designation of additional registration places and the requirements connected therewith; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 34-610, relating to the keeping of registration cards and other papers, voter registration places and office hours, as amended, is hereby amended by adding thereto a new subsection (c) which shall read as follows: (c) Additional registration places must be advertised in a newspaper of general circulation in the county one or more times at least seven days prior to the first day for registration. 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 14, 1978.

"GA1978.1.1024">

GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Sections 34A-1004, 34A-1108 Amended. No. 1033 (House Bill No. 1336). AN ACT To amend Code Title 34A, relating to municipal elections, as amended, so as to provide that the names of unopposed candidates need not appear on the general election ballot; to provide that no election shall be conducted 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 Title 34A, relating to municipal elections, as amended, is hereby amended by adding a new subsection at the end of Code Section 34A-1004, relating to form of official election ballot, to be designated subsection (g), to read as follows: (g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34A-1404. Section 2. Said Code Title is further amended by adding a new subsection at the end of Code Section 34A-1108, relating to form of ballot labels on voting machines, to be designated subsection (j), to read as follows: (j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election ballot labels unless a write-in candidate has qualified as provided by law. Further, if there are no

"GA1978.1.1025">

opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34A-1404. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 1034 (House Bill No. 1340). AN ACT To amend Code Title 34A, also known as the Georgia Municipal Election Code, so as to provide for preservation of records; to provide for storage and destruction of records of rejected applicants; to provide for absentee registration; to provide for equipment and arrangement of polling places, guard rails and number of voting compartments or voting machines; to provide for filing of notices of candidacy; to provide for qualification fees; to provide for the form of ballot labels on vote recorders; to provide for voter's certificates, and electors lists; to provide for the signing and disposition of returns, electors lists and voter's certificates, and positing and return of ballot boxes; to provide for voting by absentee electors; to provide for depositing of absentee ballots by poll managers; to provide for custody and disposition of records and unused ballots and envelopes; to provide for municipal charters as governing votes required for nomination and runoff primaries or elections; to provide for the delivery of ballots and other documents to the city clerk; to provide for a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1026">

Be it enacted by the General Assembly of Georgia: Section 1 . Georgia Code Section 34A-109, concerning preservation of records, is hereby deleted in its entirety and the following substituted in lieu thereof: 34A-109. Preservation of records. Each primary or election document on file in the office of a governing authority, superintendent, registrar, committee of a political party or body, or other officer, shall be preserved therein for at least twenty-four (24) months and then the same may be destroyed, unless otherwise provided by law. Section 2 . Georgia Code Section 34A-511, concerning storage and destruction of records of rejected applicants, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34A-511. Storage and destruction of records of rejected applicants. In the event an applicant is refused registration by the registration officers, the application of such person and other material and records relative thereto shall be placed on file with the other registration records of the board of registrars for at least twenty-four (24) months from the date of refusal. Section 3 . Georgia Code Section 34A-513, concerning absentee registration, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34A-513. Absentee registration. Municipalities that elect to maintain their own registration lists shall provide for absentee registration as follows: (a) A resident of the municipality who is qualified to vote by absentee ballot may register to vote by complying with the provisions of this Section, and this person shall be referred to as an absentee applicant. (b) Any absentee applicant or, upon satisfactory proof of relationship, his mother, father, sister, brother, spouse, or daughter or son of the age of eighteen or over, may at anytime apply to the registrar for a registration card to be mailed to such applicant. The application shall be in writing and shall contain the name and address

"GA1978.1.1027">

he desires to have the card mailed to, and such other information as the board of registrars may require. When appropriate, the rank, branch of service and serial number of the applicant shall be included in the application. (c) The registrar, upon receipt of such application, shall enter thereon the date it is received and, upon finding such absentee applicant to be unregistered, shall immediately mail to him a blank registration card accompanied by a properly addressed envelope. The board shall employ air mail in cases where it will facilitate voting by such applicant. (d) Upon the return of such registration card, properly completed and executed by the absentee applicant, the registrar shall place the name of such elector upon the electors list if the registrar finds the applicant qualified under Section 34A-501 and such registration shall have the same effect as a registration consummated under other provisions of this Chapter. The date a registration card is mailed or delivered to an applicant and the date it is returned shall be entered on the application therefor. (e) Any qualified person may apply for a registration card or an absentee ballot by the use of a standard form furnished by the Federal Government which contains the information required by this Code. An envelope containing a registration card or absentee ballot for transmission to such person may be prepared in such a manner as to take advantage of the free mail delivery furnished by the Federal Government. Section 4 . Georgia Code Section 34A-606, concerning equipment and arrangement of polling places, guard rails and number of voting compartments or voting machines, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: (a) The governing authority shall provide and the superintendent shall cause all rooms used as polling places to be suitably provided with heat and light, and, in districts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies, in which electors may conveniently mark their ballots, with a curtain, screen or door in the upper part of the front of each compartment or both so that in the marking thereof they

"GA1978.1.1028">

may be screened from the observation of others. A curtain, screen or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders are located. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein, and shall be furnished with a guard rail or barrier enclosing the inner portion of such room, which guard rail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the said guard rail or barrier. The voting machine or machines shall be so placed in the voting rooms within the enclosed space that, unless its construction shall otherwise require, the ballot labels on the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. Section 5 . Georgia Code Section 34A-901, concerning filing a notice of candidacy, is amended by deleting subsection (a) in its entirety and substituting the following in lieu thereof: (a) Each candidate, or his agent, shall file notice of his candidacy in the office of the municipal superintendent of his municipality at least twenty-two (22) but not more than fifty-two (52) days prior to the election in the case of a general election and at least fifteen (15) but not more than thirty (30) days prior to the election in the case of a special election. The opening and closing dates shall be as set forth in the municipal charter or ordinance as may now be in force or hereafter enacted. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline hereinabove prescribed. Section 6 . Georgia Code Section 34A-904, concerning qualification fees, is hereby deleted in its entirety and the following is substitute in lieu thereof: 34A-904. Qualification fees. The governing authority of any municipality, at least two weeks prior to the closing of qualifications

"GA1978.1.1029">

for a special or general municipal election shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. In no event shall such fee exceed three percent of the income derived from such office by the person holding the office for the preceding year. Section 7 . Georgia Code Section 34A-1122, concerning form of ballot labels on vote recorders, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: (a) The ballot labels shall be printed in black ink, upon clear white or pastel color material, of such size and arrangement as will suit the construction of the vote recorder, and in plain clear type so as to be easily readable by person with normal vision. Section 8 . Georgia Code Section 34A-1215, concerning voter's certificates and electors lists, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34A-1215. Voter's certificates and electors list to be preserved and open for public inspection. The voter's certificates shall constitute the official list of electors voting at a primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other election papers. After their return by the superintendent to the registrars, the voter's certificates shall be retained for twenty-four (24) months and electors lists shall be preserved for ten (10) years and shall be available for public inspection. Section 9 . Georgia Code Section 34A-1224, concerning signing and disposition of returns, electors lists and voter's certificates, posting and return of ballot boxes, is hereby amended by: a. Deleting subsection (b) in its entirety and substituting the following in lieu thereof: (b) One counterpart of such returns shall be immediately posted outside of the polling place or place of tabulation for the information

"GA1978.1.1030">

of the public. This counterpart shall be removed on the afternoon of the following day and filed in the office of the superintendent. b. Deleting subsection (c) in its entirety and substituting the following in lieu thereof: (c) A second counterpart of such returns, together with the used, unused and void ballots and the stubs of all ballots used, the tally papers, oaths of poll officers, and number list of voters, shall be sealed in a separate envelope addressed to the city clerk and bearing a list of its contents on the outside. The electors list shall be sealed in a separate envelope addressed to the registrars. These envelopes, together with the unsealed third counterpart of such returns, the ballot boxes and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent. Section 10 . Georgia Code Section 34A-1230, concerning disposition of returns, electors lists, voter's certificates, other papers and posting, is hereby amended by deleting subsection (c) in its entirety and substituting the following in lieu thereof: (c) A second counterpart of the district returns, together with the write-in ballots, one or more of the paper proof sheets (if the type of voting machine used is equipped with mechanism for printing them) oaths and certificates of poll officers, and the numbered list of voters, shall be sealed in a separate envelope addressed to the city clerk and bearing a list of its contents on the outside. The envelope, together with an unsealed third counterpart of such returns and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent. The electors list shall be sealed in a separate envelope addressed to the registrar and shall be delivered to the superintendent with the other required records. Section 11 . Georgia Code Section 34A-1309, concerning depositing of absentee ballots by poll managers, is hereby amended by deleting subsection (a) in its entirety and substituting in lieu thereof the following:

"GA1978.1.1031">

(a) The registrar 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 the closing of the polls on the day of the primary or election and such challenge shall be noted on the master list and the numbered list of voters. After the absentee ballots have been delivered to the poll managers as provided in Section 34A-1308(b), the managers shall open the envelope of each absentee ballot 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. Section 12 . Georgia Code Section 34A-1313, concerning custody and disposition of records and unused ballots and envelopes, is hereby deleted in its entirety and the following is substituted in lieu thereof: 34A-1313. Custody of records; disposition of unused ballots and envelopes. All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear, shall be delivered to the city clerk upon the conclusion of the primary or election and safely kept by him for at least twenty-four (24) months and then may be destroyed. On the day following the primary or election, the absentee ballot clerk shall transmit all cancelled, spoiled, and unused absentee ballots, and copy of requests for cancellation of absentee ballots to the city clerk to be held with other election materials as provided in 34A-1410. The absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the superintendent, the number issued to electors, the number spoiled, and the number unused. Section 13 . Georgia Code Section 34A-1407, concerning municipal charters as governing votes required for nomination and runoff primaries or elections, is hereby amended by deleting subsection (b) in its entirety and substituting in lieu thereof the following: (b) In instances where no candidate receives a majority of the votes cast and the municipal charter or ordinance does not provide for nomination or election by a plurality vote, a runoff primary or election shall be held, between the two candidates receiving the highest number of votes. Such runoff shall be held not earlier than

"GA1978.1.1032">

the fourteenth day and not later than the twenty-first day after the day of holding the first primary or election on a date specified by ordinance or resolution, unless such runoff date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any runoff primary or election resulting therefrom; provided, however, that no elector shall vote in a runoff primary in violation of Section 34A-518. The candidate receiving a majority of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. The runoff primary or election shall be a continuation of the first primary or election and only those votes cast for the two candidates receiving the highest number of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, runoff primary, or runoff election. If the candidate receiving the highest number of votes withdraws, the remaining candidates receiving the two highest number of votes shall be the candidates in the runoff. If the candidate receiving the second highest number of votes withdraws, no runoff shall be held and the candidate receiving the highest number of votes shall be nominated or elected as the case may be. If any candidate eligible to be in a runoff dies, or one of the two candidates originally receiving the highest number of votes is found to be ineligible, the remaining candidates receiving the two highest number of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the runoff election ballot in the independent column. Section 14. Georgia Code Section 34A-1410, concerning the delivery of ballots and other documents to the city clerk, is hereby deleted and the following is substituted in lieu thereof: 34A-1410. Delivery of ballots and other documents to the city clerk. Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed containers to the city clerk the used, unused and void ballots and the stubs of all ballots used, oaths of poll officers, and one copy of each numbered list of voters, tally papers, voting machine paper proff sheet, and return, involved in the primary or election. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least twenty-four (24) months, and then they may be destroyed

"GA1978.1.1033">

unless otherwise provided by order of the Mayor and Council if a contest has been filed, or by court order, except that the elector's list, voter's certificates, and duplicate Oaths of Assisted Electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate. Section 15. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. 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 March 14, 1978. GEORGIA INDUSTRIAL LOAN ACT AMENDEDPENALTIES. No. 1035 (House Bill No. 1369). AN ACT To amend an Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to provide that, when otherwise required to be forfeited, the principal amount of a loan contract shall not be forfeited under certain circumstances; to provide limitations with respect to who may assert a claim for violation of the Act; to exempt from certain penalties

"GA1978.1.1034">

contracts made in reliance upon certain rules, regulations, or interpretations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, is hereby amended by striking Section 20 thereof in its entirety and substituting in lieu thereof a new Section 20 to read as follows: Section 20. Penalties. (a) Any person who shall make loans under the provisions of this Act without first obtaining a license or who shall make a false statement under oath in an application for a license hereunder, or who shall do business while the license of such person under this Act is finally suspended or revoked, or who shall knowingly charge, contract for, receive and collect charges in excess of those permitted by this Act shall be punished as for a misdemeanor. Any loan contract made in violation of this Act shall be null and void; provided, however, there shall be no forfeiture of the principal amount of the loan contract if the lender shows by a preponderance of the evidence that the violation is the result of a bona fide clerical or typographical error. (b) A claim of violation of the Act may be asserted in an individual action only and may not be the subject of a class action under Section 23 of the Georgia Civil Practice Act (Ga. Laws 1966, pp. 609, 632), or any other provision of law. (c) If a contract is made in good faith in conformity with an interpretation of this Act by the appellate courts of this State or in a rule or regulation officially promulgated by the Commissioner after public hearings, no provision in this Section imposing any penalty shall apply, notwithstanding that after such contract is made, such rule or regulation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 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 14, 1978.

"GA1978.1.1035">

ELECTIONSQUALIFICATIONS OF REGISTRARS, ETC. Code Sections 34-605, 34A-503 Amended. No. 1036 (House Bill No. 1417). AN ACT To amend Code Sections 34-605 and 34A-503, relating to qualifications of registrars and deputy registrars, so as to provide for applicability to members of county boards of elections; to provide for eligibility; to clarify a certain ineligibility; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 34-605, relating to qualifications of registrars and deputy registrars, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 34-605, to read as follows: 34-605. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, or shall be eligible to qualify for any nomination or office, or to have his name placed on any primary or election ballot pursuant to Sections 34-1005 and 34-1002 respectively, or to give a notice of his intention of write-in candidacy, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or tax collector. Provided, nothing herein shall preclude a registrar, deputy registrar, or member

"GA1978.1.1036">

of a county board of elections from holding political party or body office or serving as a presidential elector. Section 2. Code Section 34A-503, relating to qualifications of registrars and deputy registrars in municipal elections, is hereby amended by striking from the second sentence thereof the following: or deputy registrar, and inserting in lieu thereof the following: ,deputy registrar, or member of a board of electors,, and by inserting in the second sentence thereof, after the following: shall be eligible to, the following: file a notice of candidacy for, so that when so amended, said Code Section shall read as follows: 34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of electors, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.1037">

GEORGIA ELECTION CODE AMENDEDMEMBERS OF BOARDS OF ELECTIONS. Code Section 34-605.1 Amended. No. 1037 (House Bill No. 1419). 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 no person who holds elective public office shall be eligible to serve as a member of any board of elections during the term of such elective office and that the position of any board of elections member shall be deemed vacant upon such member qualifying as a candidate for elective public office; to provide a severability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code Ch. 34-6, concerning registration of electors, is hereby amended by adding thereto a new Section 34-605.1 which shall read as follows: Section 34-605.1. Members of boards of elections.No person who holds elective public office, as defined in this Code and including every municipal office to which persons can be elected by a vote of the electors under the laws of this State, shall be eligible to serve as a member of a board of elections during the term of such elective office, and the position of any board of elections member shall be deemed vacant upon such members qualifying as a candidate for elective public office, as defined in this Code and including any municipal office to which persons can be elected by a vote of the electors under the laws of this State. 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 are declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly

"GA1978.1.1038">

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 law in conflict with this Act are hereby repealed. Approved March 14, 1978. PROBATE JUDGES' BONDS. Code Section 24-1705 Amended. No. 1038 (House Bill No. 1441). AN ACT To amend Code Section 24-1705, relating to the qualifications and approval of bonds of judges of the probate court, so as to change the office to which bonds are returned; 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 24-1705, relating to the qualifications and approval of bonds of judges of the probate court, is hereby amended by striking from the first sentence the following: Governor, and inserting in lieu thereof the following: Secretary of State, and by striking the following: in the executive office,

"GA1978.1.1039">

and inserting in lieu thereof the following: with the Office of Secretary of State, so that when so amended Code Section 24-1705 shall read as follows: 24-1705. Who shall qualify judge of the probate court. Approval of bond.The several judges of the superior courts in their respective circuits shall have power, and it shall be their duty, to qualify the judges of the probate courts of the several counties in their circuits, and approve the official bonds of such judges of the probate courts, and cause such bonds to be returned to the Secretary of State with the dedimus, to be filed with the Office of Secretary of State, and in all cases a certified copy of such bond shall be sufficient original evidence on which to sue and recover. The provisions of this Section shall extend to clerks of the superior courts when serving as judge of the probate court during a vacancy in that office, and such officers must qualify at or before the spring term of the court after their election. 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 14, 1978. GEORGIA ELECTION CODE AMENDEDCAMPAIGN ACTIVITIES, ETC. Code Chapter 34-13 Amended. No. 1039 (House Bill No. 1555). AN ACT To amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, as amended, so as to further

"GA1978.1.1040">

define certain prohibited campaign practices; to provide for additional regulations and restrictions which shall be observed at the polling places; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, as amended, is hereby amended by striking Code Section 34-1307 in its entirety and substituting in lieu thereof a new Code Section 34-1307 to read as follows: 34-1307. No campaign activities within 250 feet of polling place; extension of such distance.(a) No person 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 on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. (b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. (c) The provisions of this Section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors. Section 2. Said Code Chapter is further amended by inserting in Code Section 34-1307A, relating to unlawful campaign practices, as amended, between the words office and unless, as they appear in the first sentence of subsection (a) thereof, the following: or question,

"GA1978.1.1041">

so that when so amended, subsection (a) of Code Section 34-1307A shall read as follows: (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated or published any literature in connection with any political campaign for any public office or question unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing or causing the same to be distributed, circulated, disseminated, or published. To be in compliance herewith when an organization rather than a natural person commits any of the above acts, then the names and addresses of at least three of the highest officials thereof shall also appear thereon. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate, shall be considered as in compliance herewith. Section 3. Said Code Chapter is further amended by adding at the end of subsection (d) of Code Section 34-1313, relating to regulations which are in force at the polling place, the following sentence: The prohibitions contained within Code Section 34-1307 shall be equally applicable within the polling place and no elector shall violate said provisions., so that when so amended subsection (d) of Code Section 34-1313 shall read as follows: (d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter be posted up within the said room, except as required by this Code. The prohibitions contained within Code Section 34-1307 shall be equally applicable within the polling place and no elector shall violate said provisions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978.

"GA1978.1.1042">

GEORGIA MUNICIPAL ELECTION CODE AMENDEDCAMPAIGN ACTIVITIES. Code Chapter 34A-12 Amended. No. 1040 (House Bill No. 1558). AN ACT To amend Code Chapter 34A-12, relating to the preparation for and conduct of municipal primaries and elections, as amended, so as to further provide for prohibited campaign activities within 250 feet of the polling place; to provide for additional regulations which shall be in force at the polling place; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34A-12, relating to the preparation for and conduct of municipal primaries and elections, as amended, is hereby amended by striking Code Section 34A-1206, relating to campaign activities near polling places, in its entirety and substituting in lieu thereof a new Code Section 34A-1206, to read as follows: 34A-1206. No campaign activities within 250 feet of polling place.(a) 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 on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. (b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.

"GA1978.1.1043">

(c) The provisions of this Section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors. Section 2. Said Code Chapter is further amended by adding at the end of subsection (d) of Code Section 34A-1212, relating to those regulations which are in force at the polling place, the following sentence: The prohibitions contained within Code Section 34A-1206 shall be equally applicable within the polling place and no elector shall violate said provisions., so that when so amended subsection (d) of Code Section 34A-1212 shall read as follows: (d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter be posted up within the said room, except as required by this Code. The prohibitions contained within Code Section 34A-1206 shall be equally applicable within the polling place and no elector shall violate said provisions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. HOUSE OF REPRESENTATIVESDISTRICTS 73, 78. Code Section 47-101 Amended. No. 1041 (House Bill No. 1575). AN ACT To amend Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act

"GA1978.1.1044">

approved February 25, 1974 (Ga. Laws 1974, p. 16), so as to change the composition of certain Representative Districts; 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 Section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act approved February 25, 1974 (Ga. Laws 1974, p. 16), is hereby amended by striking from Section 1 the language relating to House Districts 73 and 78 and inserting in lieu thereof the following: District No. 73 - 1 Representative Henry District No. 78 - 1 Representative Butts Lamar Pike Meansville CCD 10 Williamson CCD 15 Zebulon CCD 20. Section 2. The first members elected pursuant to the apportionment set forth by Section 1 of this Act shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1979. Until that time, the members of the House elected under existing apportionment provisions shall continue to serve and shall represent the Districts from which elected, and until that time the composition of the Districts from which such

"GA1978.1.1045">

members were elected shall remain the same. The apportionment provisions set forth by Section 1 of this Act shall be effective, however, for the primaries and elections of 1978 for the purpose of electing the members in 1978 who are to take office in 1979. Successors to those members and future successors shall likewise be elected under the apportionment provisions set forth by Section 1 of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. GEORGIA MUNICIPAL ELECTION CODE AMENDEDELECTIONS. Code Title 34A Amended. No. 1042 (House Bill No. 1601). AN ACT To amend Georgia Code Title 34A, the Georgia Municipal Election Code, as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 482) relating to the authority of any municipality lying wholly or partially within certain counties to authorize the county to conduct any election, so as to provide such municipality with the authority to request the county to perform any or all of the functions imposed on such municipality by the Georgia Municipal Election Code; to limit the functions a county may perform to those specifically enumerated in a contract; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code Title 34A, the Georgia Municipal Election Code, as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 482) is further amended by striking from Code Section 34A-111, the following:

"GA1978.1.1046">

In the event that such city shall by ordinance authorize such county to conduct elections, such county shall thereafter perform all functions imposed by this Code upon the governing authority of such municipality with reference to any election and such municipality shall pay such county all costs incurred in the conduct of such election., and by substituting in lieu thereof, the following: In the event such city shall by ordinance authorize such county to conduct elections, such city may request such county to perform any or all of the functions imposed by this Code upon the governing authority of such municipality, with reference to any election. Such county after consultation with the County Board of Registrations and Elections shall contract with such city to provide all those functions imposed by this Code, which such city has requested such county to perform. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the city has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract., so that when so amended, Code Section 34A-111 shall read as follows: In all counties of this State having a population in excess of 600,000 according to the 1970 United States Census, or any future such census, the governing authority of any municipality lying wholly or partially within such counties, may authorize such county to conduct any or all elections held pursuant to this Code. In the event such city shall by ordinance authorize such county to conduct elections, such city may request such county to perform any or all of the functions imposed by this Code upon the governing authority of such municipality, with reference to any election. Such county after consultation with the County Board of Registrations and Elections shall contract with such city to provide all those functions imposed by this Code, which such city has requested such county to perform. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the city has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to

"GA1978.1.1047">

conduct elections in any and all counties in which any part of such municipalities may lie. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. STATE PROPERTIES COMMISSIONCOMPENSATION OF MEMBERS. Code Section 91-104a Amended. No. 1043 (House Bill No. 1450). AN ACT To amend Code Section 91-104a, relating to the State Properties Commission, as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1092), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 685), so as to provide for the compensation of the citizen members of the Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 91-104a, relating to the State Properties Commission, as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1092), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 685), is hereby amended by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) Members of the Commission who are also State officials shall receive only their traveling and other actual expenses incurred in the performance of their official duties as Commission members. Citizen members shall receive the sum of $44 per day for each day of actual attendance at meetings of the Commission or for each day

"GA1978.1.1048">

of travel within or without the State while carrying out their official duties as members of the Commission. Such citizen members shall also receive their traveling and other actual expenses incurred in the performance of their official duties as members of the Commission. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1978. BURIAL EXPENSES FOR PAUPERS IN CERTAIN COUNTIES (12,950-13,150). Code Section 23-2304 Amended. No. 1048 (House Bill No. 1263). AN ACT To amend Code Section 23-2304, relating to burial of paupers, as amended, so as to increase the maximum allowable burial expenses for paupers in certain counties; to provide for the reduction of the amount for burial expenses by an amount equal to any funds payable from other sources for the interment of the pauper; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 23-2304, relating to burial of paupers, as amended, is hereby amended by adding at the end of said Code Section a new paragraph to read as follows: Provided, however, in all counties of this State having a population of not less than 12,950 nor more than 13,150, according to the United States Decennial Census of 1970, or any future such census, the sum to be made available by the county for a pauper's

"GA1978.1.1049">

burial shall be not less than $75.00 and not more than $375.00. The exact amount shall be determined by the governing authority of said counties and such amount shall be reduced in an amount equal to any funds paid from other sources for the interment of the pauper. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1978. COMPENSATION OF BOARDS OF EDUCATION IN CERTAIN COUNTIES (18,500-19,000). Code Section 32-904 Amended. No. 1050 (House Bill No. 1856). AN ACT To amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for the compensation of the chairman and members of the board in all counties of the State having a population of not less than 18,500 and not more than 19,000, according to the United States Decennial Census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 32-904, relating to compensation of members of county boards of education, is hereby amended by adding a new paragraph at the end thereof, to read as follows: Any other provisions of this Section to the contrary notwithstanding, in all counties in this State having a population of not less

"GA1978.1.1050">

than 18,500 and not more than 19,000, according to the United States Decennial Census of 1970, or any future such census, the chairman of the county board of education shall be compensated in the amount of $125 per month and each other member of the county board of education shall be compensated in the amount of $100 per month. No member of the board shall receive the per diem otherwise provided in this Section for attendance at meetings of the board. 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 16, 1978. OGEECHEE JUDICIAL CIRCUITADDITIONAL JUDGE. No. 1076 (House Bill No. 1570). AN ACT To provide for one additional judge of the superior courts of the Ogeechee 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

"GA1978.1.1051">

said circuit; to authorize the governing authority of the counties which comprise the Ogeechee Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1976, one additional judge of the superior courts for the Ogeechee 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 November 1, 1978, and continuing through December 31, 1980, and until his successor is elected and qualified. Such judge shall be appointed by the Governor prior to November 1, 1978, and shall take office on that date. 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, 1980, for a term of four years beginning on the first day of January, 1981, 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 provided by law for the election of judges of the 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 Ogeechee 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.

"GA1978.1.1052">

Section 4. The additional judge of the superior courts for the Ogeechee 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 Ogeechee 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. 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 Ogeechee 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 Ogeechee 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 Ogeechee 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. Section 7. The two judges of the superior courts of the Ogeechee 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 Ogeechee 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 period of time of service shall be the

"GA1978.1.1053">

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 Ogeechee 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. 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. Section 9. The two judges of the Ogeechee 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 Ogeechee Judicial Circuit may bear teste in the name of any judge of the Ogeechee Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be

"GA1978.1.1054">

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 either judge of the circuit, the governing authorities of the counties comprising the Ogeechee 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1978. STATE PURCHASING PROCEDURE ACT AMENDED. Code Section 40-1904 Repealed. No. 1077 (House Bill No. 1882). AN ACT To change certain provisions relating to State purchasing; to amend an Act changing certain provisions relating to State purchasing and the supervisor of purchases, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 24, 1939 (Ga. Laws 1939, p. 160), an Act approved April

"GA1978.1.1055">

17, 1975 (Ga. Laws 1975, p. 488), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 752), so as to change the amount of expenditure requiring the solicitation of bids by advertisement; to change provisions relative to the requirement that certain purchases be made from the Georgia Correctional Industries; to provide limitations; to change certain provisions relating to the form letter, proposal, and affidavit to be for the receipt and solicitation of bids; to provide for a certificate of independent price determination; to repeal Code Section 40-1904, relating to the requirement that certain materials be the product of cotton or cotton fabrics; to provide for all 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 changing certain provisions relating to State purchasing and the supervisor of purchases, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 24, 1939 (Ga. Laws 1939, p. 160), an Act approved April 17, 1975 (Ga. Laws 1975, p. 488), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 752), is hereby amended by striking from Section 6 thereof the following: one thousand dollars ($1,000), and substituting in lieu thereof the following: $5,000, and by striking wherever the same shall appear the words: Supervisor of Purchases, and substituting in lieu thereof the words: Department of Administrative Services, so that when so amended Section 6 shall read as follows: Section 6. The Department of Administrative Services shall compile and consolidate all such estimates of supplies, materials and equipment needed and required by all State departments, institutions

"GA1978.1.1056">

and agencies to determine the total requirements of any given commodity. If the total requirement of any given commodity will involve an expenditure in excess of $5,000, sealed bids shall be solicited by advertisement in a newspaper of Statewide circulation at least once and at least ten days prior to the date fixed for opening of the bids and awarding of the contract: Provided, other methods of advertisement may be adopted by the Department of Administrative Services, when such other method is deemed more advantageous for the particular item to be purchased. Regardless of the amount of expenditure, it shall be the duty of the Department of Administrative Services to solicit bids direct by mail from reputable owners of supplies. Except as otherwise provided for in this Act, all contracts for the purchases of supplies, materials or equipment made under the provisions of this Act shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges and the date or dates of delivery specified in the bid. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the Department of Administrative Services, which rules and regulations shall prescribe among other things, the manner, time and places for proper advertisement for such bids, indicating the time and place when such bids will be received, the article for which said bid shall be submitted, and the standard specification prescribed for such article, the amount or number of the articles desired, and for which the bids are to be made, and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. Every bid conforming to the terms of the advertisement herein provided for, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The Department of Administrative Services shall also, within five days after the award or letting of the contract, publish the name of the successful bidder on a bulletin board in a conspicuous place in his office, so that it may be easily seen by the public. Said public notice on the bulletin board shall also show the price or the amount for which the contract was let, and the commodities covered by said contract. The Department of Administrative Services shall also, within five days after the award

"GA1978.1.1057">

or letting of the contract, publish on said bulletin board the names of all persons whose bids were rejected by him, together with a statement giving the reasons for such rejection. All said information herein required to be placed on the bulletin board in a conspicuous place at the office of the Department of Administrative Services shall also be recorded in a permanent book to be kept by the Department of Administrative Services, which said record shall always be subject to public inspection upon request. Bids shall be opened in public by the Department of Administrative Services, who shall canvass the said bids and award contract according to the terms of this Act. A proper bond for the faithful performance of any contract shall be required of the successful bidder in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the various departments, institutions and agencies of the State government the sources of the supplies and the contract price of the various supplies, materials and equipment so contracted for. If the needed supplies, materials or equipment can reasonably be expected to be acquired for less than $ 100 and are not available on State contracts, the purchase may be effectuated without competitive bidding. The Commissioner of the Department of Administrative Services may by rule and regulation authorize the various State departments, agencies and instrumentalities to make purchases in their own behalf which do not exceed $500 and may provide the circumstances and conditions under which such purchases may be effected. Section 2. Said Act is further amended by striking in its entirety Section 6(a) thereof which reads as follows: Section 6 (a). On all bids received or solicited by the Supervisor of Purchases or by any Department, Agency, Board or Bureau of the State or by any person in behalf of any Department, Agency, Board or Bureau of the State (except in the cases provided for in Section 8 of this Act) the following form letter, proposal and affidavit shall be used:

"GA1978.1.1058">

LETTER

"GA1978.1.1059">

PROPOSAL

"GA1978.1.1060">

The following is my itemized proposal: (See atached sheet for itemized proposal)

"GA1978.1.1061">

"GA1978.1.1062">

In the event any other information not required by the above stated letter, proposal or affidavit may be desired, the same may be demanded by the Supervisor of Purchases or by any other person soliciting the bid. Any person, firm, association or corporation who submits with reference to a proposal to sell to the State an affidavit containing a false statement therein shall be barred from the bidders list for not less than two years. It shall be unlawful for any bidder or other person to pay any commission, fee, reward or grant any gratuity or anything of value to any employee or officer of the State for services in assisting him to obtain an award of contract for materials, supplies or equipment to be furnished the State or any Department, Bureau, Board or Agency thereof., and substituting in lieu thereof a new Section 6(a), to read as follows: Section 6 (a). On all sealed bids received or solicited by the Department of Administrative Services or by any department, agency, board, or bureau of the State or by any person in behalf of any department, agency, board, or bureau of the State (except in cases provided for in Section 8 of this Act) the following certificate of independent price determination shall be used: `I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.'

"GA1978.1.1063">

Section 3 . Said Act is further amended by striking from Section 16 thereof the following: to the Supervisor of Purchases by the Director of Corrections, and inserting in lieu thereof the following: by the Commissioner of Offender Rehabilitation with the advice and consent of the Department of Administrative Services, and by striking from the last sentence of Section 16 the following: to the Supervisor of Purchases, and inserting in lieu thereof the following: with the advice and consent of the Department of Administrative Services, so that when so amended Section 16 shall read as follows: Section 16. All services provided or goods, wares or merchandise produced wholly or in part by the Georgia Correctional Industries and needed by the departments, institutions and agencies of the State and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries where such services, goods, wares or merchandise have been certified in writing by the Commissioner of Offender Rehabilitation with the advice and consent of the Department of Administrative Services as available and of competitive quality and price. Where not certified as available from Georgia Correctional Industries, services, goods, wares or merchandise shall be obtained from other agencies or activities of the State which are legally authorized to

"GA1978.1.1064">

engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services. Section 4. Code Section 40-1904, relating to a requirement that certain materials be the product of cotton or cotton fabric, which reads as follows: 40-1904. Stationery, reports, and pamphlets to be product of cotton or cotton fabrics.All stationery, reports, and pamphlets used, other than those going into the permanent records, shall be of material produced from cotton or cotton fabrics., 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 March 16, 1978. ALCOVY JUDICIAL CIRCUITADDITIONAL JUDGE. No. 1082 (Senate Bill No. 517). AN ACT To add one additional judge of the superior courts of the Alcovy 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

"GA1978.1.1065">

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 Alcovy Judicial Circuit to provide facilities, office space, supplies, equipment and personnel for said judge; 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 Alcovy Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on the first Monday following the date of his appointment and continuing through December 31, 1978, and until his successor is elected and qualified. Such judge shall be appointed by the Governor within 30 days after the effective date of this Act. 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. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Alcovy 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,

"GA1978.1.1066">

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 Alcovy 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 Alcovy 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. Section 6. All writs and processes in the superior courts of the Alcovy Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law; and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 7. The two judges of the superior courts for the Alcovy 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

"GA1978.1.1067">

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 service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Alcovy 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. Either of them may conduct trials by jury at the same time in the same county or otherwise within said circuit, or both or either 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. 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 both of them at the same time. Section 9. The two judges of the superior courts of the Alcovy 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 Alcovy Judicial Circuit may bear teste in the name of either judge of said Alcovy Judicial Circuit and, when issued by and in the name of either judge of said circuit, shall be fully valid and may be heard

"GA1978.1.1068">

and determined before the same or the other judge of said circuit. Either 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 Alcovy Judicial Circuit are hereby authorized to furnish the 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 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 16, 1978. DEPARTMENT OF HUMAN RESOURCESEMERGENCY MEDICAL SERVICES. Code Chapter 88-31 Amended. No. 1102 (House Bill No. 1905). AN ACT To amend Code Chapter 88-31, relating to regulation of ambulance service, as amended, so as to provide for the regulation and modification of emergency medical systems communications programs in the State by the Department of Human Resources; to

"GA1978.1.1069">

provide for the administration of emergency medical systems communications programs by the Department of Human Resources, acting upon the recommendations of a local coordinating entity; to provide for implementation and operation of emergency medical systems communications programs by a local base communications center; to provide for the operation of an emergency medical systems communications program in an economical and efficient manner; to provide for the designation of geographical territories to be serviced by participating ambulance services; to provide for the Department of Human Resources to enter into contracts; to provide legislative intent; to provide exemptions from certain provisions regulating ambulance services so as to exempt certain emergency vehicles; to provide that all ambulance services shall work and be a part of any 911 communication systems; to provide for all 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 88-31, relating to regulation of ambulance service, as amended, is hereby amended by adding a new Code Section at the beginning of said Code Chapter to be designated Code Section 88-3100, to read as follows: 88-3100. Legislative Determination of Need and Declaration of Policy. (a) The General Assembly finds and determines: (1) that the furnishing of emergency medical services is a matter of substantial importance to the people of the State of Georgia; (2) that the cost and quality of emergency medical services are matters within the public interest; (3) that it is highly desirable for the State to participate in emergency medical systems communications programs established pursuant to United States Public Law 93-154, commonly known as the Emergency Medical Services Systems Act of 1973;

"GA1978.1.1070">

(4) that the administration of an emergency medical systems communications program should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program and all ambulance services shall work and be a part of this system even if this system is 911; (5) that an emergency medical systems communications program in a health district, should be operated in as economical and efficient a manner as possible to serve the public welfare, and to achieve this goal should involve the designation of geographical territories to be serviced by participating ambulance providers, and should involve an economic and efficient procedure to distribute emergency calls among participating ambulance providers serving the same health district; (6) any first responder falls under the Department of Human Resource's rules and regulations governing ambulances and can only transport in life and death situations or by orders of a licensed physician or when a licensed ambulance cannot respond. (b) The General Assembly of Georgia therefore declares, that in the exercise of the sovereign powers of the State to safeguard and protect the public health and general well-being of its citizens that it is the public policy of the State of Georgia to encourage, foster, and promote emergency medical systems communications programs, and that such programs shall be accomplished in a manner that is coordinated, orderly, economical, and without unnecessary duplication of services and facilities. Section 2. Said Code Chapter is further amended by adding at the end of Code Section 88-3101, relating to definitions, the following: (o) `Emergency Medical Services System' means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions (occurring either as a result of the patient's condition or of natural disasters or similar situations) and which is administered by

"GA1978.1.1071">

a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system. (p) `Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to United States Public Law 93-154, entitled Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which (1) utilizes emergency medical telephonic screening, (2) utilizes a publicized emergency telephone number, and (3) has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system. (q) `Ambulance Provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Physical Health of the State of Georgia Department of Human Resources. (r) `Health Districts' means the geographical districts designated by the Department of Human Resources in accord with Section 88-215 of the Georgia Code. (s) `Local Coordinating Entity' means the public or nonprofit private entity designated by the Board of Human Resources, or its designee, to administer and coordinate the EMSC Program in a health district established in accord with Section 88-215 of the Georgia Code. (t) `First Responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. Section 3. Said Code Chapter is further amended by adding a new Code Section at the end thereof, to be designated Code Section 88-3116, to read as follows: 88-3116. Recommendations by Local Coordinating Entity and Appeal Process. (a) The Board of Human Resources shall have the

"GA1978.1.1072">

authority on behalf of the State to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSC Program for each health district designated by the Department of Human Resources. (b) The local coordinating entity thus designated shall be responsible for recommending to the Board of Human Resources, or its designee, the manner in which the EMSC Program is to be conducted. (c) In making its recommendations, the local coordinating entity shall give priority to making the EMSC Program function as efficiently and economically as possible. (d) Each licensed ambulance provider in the health district shall have the opportunity to participate in the EMSC Program. (e) The local coordinating entity shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory, and such written description shall be due within ten (10) days of the request by the local coordinating entity. (f) After receipt of the written descriptions of territory in which the ambulance providers propose to respond to emergency calls, the local coordinating entity within ten (10) days shall recommend in writing to the Board of Human Resources, or its designee, the territories within the health district to be serviced by the ambulance providers, and at this same time the local coordinating entity shall also recommend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency and serving public welfare. (g) The recommendation of the local coordinating entity shall be forwarded immediately to the Board of Human Resources, or its designee, for approval or modification of the territorial zones and method of distributing calls among ambulance providers in the EMSC Program in the health district. (h) The Board of Human Resources, or its designee, is empowered to conduct a hearing into the recommendations made by the

"GA1978.1.1073">

local coordinating entity, and such hearing shall be conducted according to the procedures set forth in Section 88-304 of the Georgia Code, as amended. (i) The recommendations of the local coordinating entity shall not be modified unless the Board of Human Resources, or its designee, shall conduct a hearing and find that the determination of the District Health Director is not consistent with operating the EMSC Program in an efficient, economical manner, and for the public welfare. (j) The decision of the Board of Human Resources, or its designee, shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSC Program, and appeal from the Board's decision shall be pursuant to Section 88-305 of the Georgia Code. (k) The local coordinating entity shall begin administering the EMSC Program in accord with the decision by the Board of Human Resources, or its designee, immediately after the decision by the Board of Human Resources, or its designee, of the approval or modification of the recommendations made by the local coordinating entity, and the EMSC Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Section 88-305 of the Georgia Code. Section 4. Said Code Chapter is further amended by adding a new Code Section at the end thereof, to be designated Code Section 88-3117, to read as follows: 88-3117. Modifications of EMSC Program. The Board of Human Resources, or its designee, shall exercise continuing supervision over the operations of the EMSC Program in each health district, and shall make all necessary modifications in accord with the procedures set forth in Section 88-3116 of this Act. Section 5. Validity of the 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

"GA1978.1.1074">

the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. Effective Date of the Act. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1978. COMPENSATION OF MEMBERS OF BOARDS OF EDUCATION IN CERTAIN COUNTIES (400,000-600,000). Code Section 32-904 Amended. No. 1118 (Senate Bill No. 647). AN ACT To amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to provide for the compensation of members of county boards of education in all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States Decennial Census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 32-904, relating to the compensation of members of county boards of education, as amended, is hereby

"GA1978.1.1075">

amended by adding a new paragraph immediately following said Code Section to read as follows: The chairman and members of the county boards of education of all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States Decennial Census of 1970 or any future such census shall each be paid $300.00 per month as their entire compensation for services rendered and for attendance at all regular and special meetings of said county boards of education. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended; and for other purposes. This 6th day of February, 1978. /s/ Robert H. Bell Senator, 5th District Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intention to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 9, 16 23 day of February, 1978. /s/ Gerald W. Crane, Co-Publisher

"GA1978.1.1076">

Sworn to and subscribed before me, this 23rd day of Feb., 1978. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18th, 1981. (Seal). Approved March 17, 1978. GEORGIA TAX REFORM COMMISSION CREATED. No. 122 (Senate Resolution No. 307). A RESOLUTION Creating the Georgia Tax Reform Commission; and for other purposes. WHEREAS, the economy of the State of Georgia has undergone dynamic growth during the last several decades and undoubtedly will continue to experience a lively expansion since Georgia stands as the business/industrial hub of the South; and WHEREAS, these developments have contributed significantly to the potential for a richly diverse revenue mix for the State and local governments; and WHEREAS, the reliance on traditional tax revenue sources, when coupled with the rapid increase in the demand for governmental services, has yielded a strained revenue structure unable to respond to current and future fiscal needs in a balanced, equitable fashion and has increasingly troubled and financially burdened the individual taxpayers of the State; and WHEREAS, the various inequities and imperfections which seem relatively trivial when the tax burden is less cannot be ignored as the tax burden rises; and WHEREAS, the revenue structure of Georgia, like that of other states, has received only sporadic, piecemeal revision over the years, and these changes too frequently have been made in an isolated

"GA1978.1.1077">

context without due regard for the overall tax system and the principle of neutrality; and WHEREAS, the ideal tax structure necessarily varies from state to state depending on the employment mix, the economic base, and the developmental patterns in the particular state, and each of these variables has changed significantly in Georgia in the absence of a comprehensive and exhaustive review and study of the consequences and fairness of the resulting system; and WHEREAS, the goal of designing a balanced tax system with the fewest inequities within the structure of the various taxes will enable decisions of individuals and businesses with respect to location, investment, and spending to proceed unclouded by or be minimally influenced by tax consequences. Now, therefore, be at resolved by the General Assembly of Georgia: Section 1. There is hereby created the Georgia Tax Reform Commission. The Commission shall be composed of twenty-one members as follows: (a) Six members of the Senate to be appointed by the President of the Senate. (b) Six members of the House of Representatives to be appointed by the Speaker of the House of Representatives. (c) (1) Nine members to be appointed by the Governor. (2) Of the Governor's appointees, one each shall be appointed upon the recommendation of: (A) The Georgia Municipal Association and shall be an elected municipal official. (B) The Association of County Commissioners and shall be an elected county official. (C) The Georgia Chamber of Commerce. (D) The Georgia Farm Bureau. (E) The Georgia League of Women Voters.

"GA1978.1.1078">

(F) The Georgia Property Owners Association. (3) Each such organization shall recommend to the Governor a list of not less than three names for appointment to the Commission. From each such list the Governor shall appoint one member as provided in this Section. Section 2. The Commission shall conduct a comprehensive and exhaustive study of the tax laws and tax policy of this State with a view toward modernizing and revitalizing the revenue structure so as to create an equitable and flexible tax system which properly balances the taxes based on fixed wealth, current expenditures, and current flow of income. Section 3. The Commission is authorized to appoint and employ staff personnel as it may deem necessary, including an executive disrector, and to contract for professional and research services to effectuate the purposes of this Resolution. The Office of Legislative Counsel shall serve as counsel to the Commission. Section 4. The Commission shall elect a chairman from among its membership. The first meeting of the Commission shall be upon the joint call of the President of the Senate and the Speaker of the House of Representatives. Thereafter, the Commission shall meet upon the call of the chairman. Section 5. The Commission may request and, upon such request, shall be afforded the assistance and cooperation of the State Revenue Department, the Department of Law, the Institute of Government, and each other agency or institution of the State. Section 6. The Commission is encouraged to seek the active cooperation and assistance in its work of the Georgia Association of Tax Officials, the Georgia Forestry Commission, the Georgia Society of Certified Public Accountants, the Georgia School Boards Association, the Tax Section of the State Bar of Georgia, and other interested organizations and individuals, and is expressly encouraged to take advantage of the expertise and experience in matters affecting taxation and tax policy which is available through institutions of higher learning in this State. Section 7. All members of the Commission shall receive the allowances authorized by law for legislative members of interim legislative committees. Any members of the executive or judicial branches of government shall receive such allowances from State

"GA1978.1.1079">

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 appropriated to or otherwise available to the legislative branch of government. Section 8. The Commission shall make a preliminary report to the 1979 Session of the General Assembly and a comprehensive report of its findings, recommendations, and suggestions for proposed legislation to the 1980 Session of the General Assembly. Section 9. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Appointments to the Commission shall be made as provided in this Resolution as soon as practicable after its approval or otherwise becoming a law. Approved March 16, 1978. LAND CONVEYANCE TO LIBERTY INDEPENDENT TROOP CORPORATION. No. 123 (House Resolution No. 544-1533). A RESOLUTION Authorizing the conveyance of certain real property located in the City of Hinesville, Liberty County, Georgia; and for other purposes. WHEREAS, on the fifteenth day of December, 1969, the Liberty Independent Troop Corporation conveyed a certain tract of property located in the City of Hinesville, Liberty County, Georgia, to the State of Georgia for the purpose of expanding the organizational maintenance shop of the Georgia Army National Guard in Hinesville, Liberty County, Georgia; and WHEREAS, it was the intention of the parties for the Liberty Independent Troop Corporation to convey certain property in exchange for other property owned by the State of Georgia adjacent to the Georgia Army National Guard Armory in Hinesville, Liberty County, Georgia; and

"GA1978.1.1080">

WHEREAS, the Liberty Independent Troop Corporation did, in fact, convey certain of its property to the State of Georgia, but the State of Georgia did not convey the property adjacent to the Georgia Army National Guard Armory to the Liberty Independent Troop Corporation; and WHEREAS, the real property owned by the State of Georgia adjacent to the Georgia Army National Guard Armory in Hinesville, Georgia, consists of one tract or parcel of land lying and being in the County of Liberty, State of Georgia, and said real property is more particularly described as follows: All that certain lot, tract or parcel of land situate, lying and being in the 17th G.M. District of Liberty County, Georgia, located inside the city limits of Hinesville, Liberty County, Georgia, and designated as Tract C on a certain plat of survey prepared by Princeton P. Pirkle, Jr., Georgia Registered Surveyor No. 1474, containing 1.1 acres, said plat being recorded in Plat Book 4 on page 16 of the records of the Clerk of the Superior Court, Liberty County, Georgia, and is expressly incorporated herein for descriptive and all other purposes.; and WHEREAS, the above described real property is no longer needed by the State of Georgia and is therefore surplus; and WHEREAS, the Liberty Independent Troop Corporation is desirous of obtaining said tract of land for the purpose of ingress and egress into other property owned by the Corporation. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the above described tract or parcel of land, subject to the following conditions: 1. That said tract or parcel of land shall be conveyed to the Liberty Independent Troop Corporation; and 2. That the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; and

"GA1978.1.1081">

3. That the conveyance of said tract or parcel of land shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the Liberty Independent Troop Corporation and the State Properties Commission. Approved March 16, 1978. UNIFORM COMMERCIAL CODESECURED TRANSACTIONS. Code Chapter 109A-9 Amended. Act No. 1120 (House Bill No. 124). AN ACT To repeal the present Article 9 of the Uniform Commercial Code (Chapter 109A-9 of the Code of Georgia) and to substitute in place thereof a new revised Article 9 thereby clarifying, amending and adding to the law governing secured transactions in personal property and fixtures and the sale of accounts and chattel paper including clarifications, revisions or additions relating to the scope of application of the Article; the choice of law rules applicable to such transactions and sales; the transactions excluded from the Article; the definitions and index of definitions used therein; deletion of the defined term contract rights; consignments; the attachment, enforceability, perfection and priority of security interests in original collateral and in proceeds; after acquired property and future advances; persons who have priority over unperfected security interests; rights of lien creditors; when filing is and is not required to perfect a security interest; method of perfecting a security interest in money; the relationship between security interests temporarily perfected without filing and priorities accorded purchase money security interests; the definition of proceeds; the rights of the secured party as to both the original collateral and proceeds following disposition of the collateral

"GA1978.1.1082">

by the debtor or others; protection of buyers of goods and commission merchants; purchase of chattel paper and instruments both negotiable and non-negotiable; priority of liens, claims and rights in relation to perfected security interests; priority among conflicting security interests in the same collateral; priority of security interests in fixtures; modification of contracts after notification of assignment; rights of an account debtor before and after notification of assignment; terms prohibiting assignments; place of filing; requisites for and amendments to financing statements; mortgages as financing statements; duration of filing; the effect of lapse of a statement; continuation, termination, assignment, and release statements; the duties of the filing officer as to all types of statements; fees of the filing officer; maintenance of microfilm or photographic records; destruction of old records; financing statements covering consigned or leased goods; expenses of secured party in disposition of collateral by leasing; renunciation or modification of the debtor's rights to notification of disposition or of proposal to retain collateral in satisfaction; notifications required to other secured parties on disposition of collateral or retention of the collateral in satisfaction of the debt; time allowed to debtor to veto a retention in satisfaction; and moreover to enact amendments to other Articles of the Commercial Code relating to territorial application of the Act and parties' power to choose applicable law; the definitions of buyer in ordinary course of business and security interest; subordinated obligations; goods to be severed from realty; transfer and assignment of proceeds of letters of credit; to add a new Article 11 to the Uniform Commercial Code to provide an effective date of this Act; to provide that Chapter 109A-10 of the Code of Georgia shall remain applicable to the revised Article 9; to provide transition provisions for the revised Article 9; to establish the presumption that the rules of law continue unchanged; to amend the Motor Vehicle Certificate of Title Act to conform to the revision of Article 9; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 109A-9 of the Code of Georgia (Article 9 of the Uniform Commercial Code), is hereby repealed in its entirety and in lieu thereof the following is substituted:

"GA1978.1.1083">

CHAPTER 109A-1 (Revised) ARTICLE 9 (Revised) SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER Part 1. Short Title, Applicability and Definitions Sec. 109A-9-101. Short title 109A-9-102. Policy and subject matter of Article 109A-9-103. Perfection of security interest in multiple state transactions 109A-9-104. Transactions excluded from Article 109A-9-105. Definitions and index of definitions 109A-9-106. Definitions: `account'; `general intangibles' 109A-9-107. Definitions: `Purchase money security interest' 109A-9-108. When after-acquired collateral not security for antecedent debt 109A-9-109. Classification of goods: `consumer goods'; `equipment'; `farm products'; `inventory' 109A-9-110. Sufficiency of description 109A-9-111. Applicability of bulk transfer laws 109A-9-112. Where collateral is not owned by debtor 109A-9-113. Security interests arising under Article on sales 109A-9-114. Consignment 109A-9-101 Short title

"GA1978.1.1084">

This Article shall be known and may be cited as Uniform Commercial Code - Secured Transactions. 109A-9-102 Policy and subject matter of Article (1) Except as otherwise provided in Section 109A-9-104 on excluded transactions, this Article applies (a) to any transaction (regardless of its form) which is intended to create a security interest in personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper or accounts; and also (b) to any sale of accounts or chattel paper. (2) This Article applies to security interests created by contract including pledge, assignment, chattel mortgage, bill of sale to secure debt, chattel trust, trust deed, factor's lien, equipment trust, conditional sale, trust receipt, other lien, conveyance of title, or title retention contract and lease or consignment intended as security. This Article does not apply to statutory liens except as provided in Section 109A-9-310. (3) The application of this Article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this Article does not apply. 109A-9-103 Perfection of security interests in multiple state transactions (1) Documents, instruments and ordinary goods. (a) This subsection applies to documents and instruments and to goods other than those covered by a certificate of title described in subsection (2), mobile goods described in subsection (3), and minerals described in subsection (5). (b) Except as otherwise provided in this subsection, perfection and the effect of perfection or nonperfection of a security interest in collateral are governed by the law of the jurisdiction where the collateral is when the last event occurs on which is

"GA1978.1.1085">

based the assertion that the security interest is perfected or unperfected. (c) If the parties to a transaction creating a purchase money security interest in goods in one jurisdiction understand at the time that the security interest attaches that the goods will be kept in another jurisdiction, then the law of the other jurisdiction governs the perfection and the effect of perfection or nonperfection of the security interest from the time it attaches until thirty days after the debtor receives possession of the goods and thereafter if the goods are taken to the other jurisdiction before the end of the thirty-day period. (d) When collateral is brought into and kept in this State while subject to a security interest perfected under the law of the jurisdiction from which the collateral was removed, the security interest remains perfected, but if action is required by Part 3 of this Article to perfect the security interest, (i) if the action is not taken before the expiration of the period of perfection in the other jurisdiction or the end of four months after the collateral is brought into this State, whichever period first expires, the security interest becomes unperfected at the end of that period and is thereafter deemed to have been unperfected as against a person who became a purchaser after removal; (ii) if the action is taken before the expiration of the period specified in subparagraph (i), the security interest continues perfected thereafter; (iii) for the purpose of priority over a buyer of consumer goods (subsection (2) of Section 109A-9-307), the period of the effectiveness of a filing in the jurisdiction from which the collateral is removed is governed by the rules with respect to perfection in subparagraphs (i) and (ii). (2) Certificate of title. (a) This subsection applies to goods covered by a certificate of title issued under a statute of this State or another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection.

"GA1978.1.1086">

(b) Except as otherwise provided in this subsection, perfection and the effect of perfection or nonperfection of the security interest are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until four months after the goods are removed from that jurisdiction and thereafter until the goods are registered in another jurisdiction, but in any event not beyond surrender of the certificate. A surrender of a certificate of title pursuant to Section 68-421a(c) (d) of the Code of Georgia for the purpose of having a lien or subsequent security interest noted thereon shall not be deemed a surrender of the certificate for purposes of this Section. After the expiration of that period, the goods are not covered by the certificate of title within the meaning of this Section. (c) Except with respect to the rights of a buyer described in the next paragraph, a security interest, perfected in another jurisdiction otherwise than by notation on a certificate of title, in goods brought into this State and thereafter covered by a certificate of title issued by this State is subject to the rules stated in paragraph (d) of subsection (l). (d) If goods are brought into this State while a security interest therein is perfected in any manner under the law of the jurisdiction from which the goods are removed and a certificate of title is issued by this state and the certificate does not show that the goods are subject to the security interest or that they may be subject to security interests not shown on the certificate, the security interest is subordinate to the rights of a buyer of the goods who is not in the business of selling goods of that kind to the extent that he gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest. (3) Accounts, general intangibles and mobile goods. (a) This subsection applies to accounts (other than an account described in subsection (5) on minerals) and general intangibles and to goods which are mobile and which are of a type normally used in more than one jurisdiction, such as motor vehicles, trailers, rolling stock, airplanes, shipping containers, road building and construction machinery and commercial harvesting machinery and the like, if the goods are equipment or are

"GA1978.1.1087">

inventory leased or held for lease by the debtor to others, and are not covered by a certificate of title described in subsection (2). (b) The law (including the conflict of laws rules) of the jurisdiction in which the debtor is located governs the perfection and the effect of perfection or nonperfection of the security interest. (c) If, however, the debtor is located in a jurisdiction which is not a part of the United States, and which does not provide for perfection of the security interest by filing or recording in that jurisdiction, the law of the jurisdiction in the United States in which the debtor has its chief executive office in the United States governs the perfection and the effect of perfection or nonperfection of the security interest through filing. In the alternative, if the debtor is located in a jurisdiction which is not a part of the United States or Canada and the collateral is accounts or general intangibles for money due or to become due, the security interest may be perfected by notification to the account debtor. As used in this paragraph, `United States' includes its territories and possessions and the Commonwealth of Puerto Rico. (d) A debtor shall be deemed located at his place of business if he has one, at his chief executive office if he has more than one place of business, otherwise at his residence. If, however, the debtor is a foreign air carrier under the Federal Aviation Act of 1958, as amended, it shall be deemed located at the designated office of the agent upon whom service of process may be made on behalf of the foreign air carrier. (e) A security interest perfected under the law of the jurisdiction of the location of the debtor is perfected until the expiration of four months after a change of the debtor's location to another jurisdiction, or until perfection would have ceased by the law of the first jurisdiction, whichever period first expires. Unless perfected in the new jurisdiction before the end of that period, it becomes unperfected thereafter and is deemed to have been unperfected as against a person who became a purchaser after the change.

"GA1978.1.1088">

(4) Chattel paper. The rules stated for goods in subsection (1) apply to a possessory security interest in chattel paper. The rules stated for accounts in subsection (3) apply to a nonpossessory security interest in chattel paper, but the security interest may not be perfected by notification to the account debtor. (5) Minerals. Perfection and the effect of perfection or nonperfection of a security interest which is created by a debtor who has an interest in minerals or the like (including oil and gas) before extraction and which attaches thereto as extracted, or which attaches to an account resulting from the sale thereof at the wellhead or minehead are governed by the law (including the conflict of laws rules) of the jurisdiction wherein the wellhead or minehead is located. 109A-9104 Transactions excluded from Article This Article does not apply (a) to a security interest subject to any statute of the United States to the extent that such statute governs the rights of parties to and third parties affected by transactions in particular types of property; or (b) to a lien given by statute or to a right represented by a judgment (other than a judgment taken on a right to payment which was collateral) except as provided in this Act on priority of such lien or right; or (c) to a transfer of a claim for wages, salary or other compensation of an employee; or (d) to a security interest created or transferred by a government or governmental subdivision, agency, or authority in connection with any of its investment securities (Section 109A-8102) other than a security interest created or transferred by an authority activated under an Act known as the `Development Authorities Law', approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended, or by a local authority having as its principal function

"GA1978.1.1089">

the stimulation of industrial growth and the reduction of unemployment; or (e) to a sale of accounts or chattel paper as part of a sale of the business out of which they arose, or an assignment of accounts or chattel paper which is for the purpose of collection only, or a transfer of a right to payment under a contract to an assignee who is also to do the performance under the contract or a transfer of a single account to an assignee in whole or partial satisfaction of a preexisting indebtedness; or (f) to a transfer of an interest or claim in or under any policy of insurance, except as provided with respect to proceeds (Section 109A-9306) and priorities in proceeds (Section 109A-9312); or (g) to any right of set-off; or (h) except to the extent that provision is made for fixtures in 109A-9313, to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder, whether or not such interest, lien, lease or the like amounts to an `estate or interest in real estate' as the same is presently defined under Georgia law; or (i) to a transfer in whole or in part of any claim arising out of tort; or (j) to a transfer of an interest in any deposit account (subsection (1) of Section 109A-9105), except as provided with respect to proceeds (Section 109A-9306) and priorities in proceeds (Section 109A-9312). 109A-9-105 Definitions and index of definitions (1) In this Article unless the context otherwise requires: (a) `Account debtor' means the person who is obligated on an account, chattel paper, or general intangible; (b) `Chattel paper' means a writing or writings which evidence both a monetary obligation and a security interest in or a lease of specific goods, but a charter or other contract involving the use or hire of a vessel is not chattel paper. When a transaction

"GA1978.1.1090">

is evidenced both by such security agreement or a lease and by an instrument or a series of instruments, the group of writings taken together constitutes chattel paper; (c) `Collateral' means the property subject to a security interest, and includes accounts and chattel paper which have been sold; (d) `Debtor' means the person who owes payment or other performance of the obligation secured, whether or not he owns or has rights in the collateral, and includes the seller of accounts or chattel paper. Where the debtor and the owner of the collateral are not the same person, the term `debtor' means the owner of the collateral in any provision of the Article dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires; (e) `Deposit account' means a demand, time, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization, other than an account evidenced by a certificate of deposit that is an instrument within this Article; (f) `Document' means document of title as defined in the general definitions of Article 1 (Section 109A-1-201), and a receipt of the kind described in subsection (2) of Section 109A-7-201; (g) `Encumbrance' includes real estate mortgages, deeds to secure debt, and other liens on real estate and all other rights in real estate that are not ownership interests; (h) `Goods' includes all things which are movable at the time the security interest attaches or which are fixtures (109A-9-313), but does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like (including oil and gas) before extraction. `Goods' also includes the unborn young of animals and growing crops; (i) `Instrument' means a negotiable instrument (defined in Section 109A-3-104), or a security (defined in Section 109A-8-102) or any other writing which evidences a right to the payment

"GA1978.1.1091">

of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment; (j) `Mortgage' means a consensual interest created by a real estate mortgage, a deed to secure debt, a trust deed on real estate, or the like; (k) An advance is made `pursuant to commitment' if the secured party has bound himself to make it, whether or not a subsequent event of default or other event not within his control has relieved or may relieve him from his obligation; (l) `Security agreement' means an agreement which creates or provides for a security interest; (m) `Secured party' means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the like are represented by a trustee or other person, the representative is the secured party. (2) Other definitions applying to this Article and the Sections in which they appear are: `Account.' Section 109A-9-106. `Attach.' Section 109A-9-203. `Construction mortgage.' Section 109A-9-313(1). `Consumer goods.' Section 109A-9-109(1). `Equipment.' Section 109A-9-109(2). `Farm products.' Section 109A-9-109(3). `Fixture.' Section 109A-9-313(1). `Fixture filing.' Section 109A-9-313(1).

"GA1978.1.1092">

`General intangibles.' Section 109A-9-106. `Inventory.' Section 109A-9-109(4). `Lien creditor.' Section 109A-9-301(3). `Proceeds.' Section 109A-9-306(1). `Purchase money security interest.' Section 109A-9-107. `United States.' Section 109A-9-103. (3) The following definitions in other Articles apply to this Article: `Check.' Section 109A-3-104. `Contract for sale.' Section 109A-2-106. `Holder in due course.' Section 109A-3-302. `Note.' Section 109A-3-104. `Sale.' Section 109A-2-106. (4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article. 109A-9-106 Definitions: `account'; `general intangibles' `Account' means any right to payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattel paper, whether or not it has been earned by performance. `General intangibles' means any personal property (including things in action) other than goods, accounts, chattel paper, documents, instruments, and money. All rights to payment earned or unearned under a charter or other contract involving the use or hire of a vessel and all rights incident to the charter or contract are accounts. 109A-9-107 Definition `purchase money security interest'

"GA1978.1.1093">

A security interest is a `purchase money security interest' to the extent that it is (a) taken or retained by the seller of the collateral to secure all or part of its price; or (b) taken by a person who by making advances or incurring an obligation gives value to enable the debtor to acquire rights in or the use of collateral if such value is in fact so used. 109A-9-108 When after-acquired collateral not security for antecedent debt Where a secured party makes an advance, incurs an obligation, releases a perfected security interest, or otherwise gives new value which is to be secured in whole or in part by after-acquired property his security interest in the after-acquired collateral shall be deemed to be taken for new value and not as security for an antecedent debt if the debtor acquires his rights in such collateral either in the ordinary course of his business or under a contract of purchase made pursuant to the security agreement within a reasonable time after new value is given. 109A-9-109 Classification of goods: `consumer goods'; `equipment'; `farm products'; `inventory' Goods are (1) `consumer goods' if they are used or bought for use primarily for personal, family or household purposes; (2) `equipment' if they are used or bought for use primarily in business (including farming or a profession) or by a debtor who is a non-profit organization or a governmental subdivision or agency or if the goods are not included in the definitions of inventory, farm products or consumer goods; (3) `farm products' if they are crops or livestock or supplies used or produced in farming operations or if they are products of crops or livestock in their unmanufactured states (such as ginned cotton, wool-clip, maple syrup, milk and eggs), and if they are in the possession of a debtor engaged in raising, fattening, grazing or other

"GA1978.1.1094">

farming operations. If goods are farm products they are neither equipment nor inventory; (4) `inventory' if they are held by a person who holds them for sale or lease to be furnished under contracts of service or if he has so furnished them, or if they are raw materials, work in process or materials used or consumed in a business. Inventory of a person is not to be classified as his equipment. 109A-9-110 Sufficiency of description For the purposes of this Article any description of personal property or real estate is sufficient whether or not it is specific if it reasonably identifies what is described. 109A-9-111 Applicability of bulk transfer laws The creation of a security interest is not a bulk transfer under Article 6 (see Section 109A-6-103). 109A-9-112 Where collateral is not owned by debtor Unless otherwise agreed, when a secured party knows that collateral is owned by a person who is not the debtor, the owner of the collateral is entitled to receive from the secured party any surplus under Section 109A-9-502(2) or under Section 109A-9-504(1), and is not liable for the debt or for any deficiency after resale, and he has the same right as the debtor (a) to receive statements under Section 109A-9-208; (b) to receive notice of and to object to a secured party's proposal to retain the collateral in satisfaction of the indebtedness under Section 109A-9-505; (c) to redeem the collateral under Section 109A-9-506; (d) to obtain injunctive or other relief under Section 109A-9-507(1); and (e) to recover losses caused to him under Section 109A-9-208(2).

"GA1978.1.1095">

109A-9-113 Security interests arising under Article on sales A security interest arising solely under the Article on Sales (Article 2) is subject to the provision of this Article except that to the extent that and so long as the debtor does not have or does not lawfully obtain possession of the goods (a) no security agreement is necessary to make the security interest enforceable; and (b) no filing is required to perfect the security interest; and (c) the rights of the secured party on default by the debtor are governed by the Article on Sales (Article 2). 109A-9-114 Consignment (1) A person who delivers goods under a consignment which is not a security interest and who would be required to file under this Article by paragraph (3)(c) of Section 109A-2-326 has priority over a secured party who is or becomes a creditor of the consignee and who would have a perfected security interest in the goods if they were the property of the consignee, and also has priority with respect to identifiable cash proceeds received on or before delivery of the goods to a buyer, if (a) the consignor complies with the filing provision of the Article on Sales with respect to consignments (paragraph (3)(c) of Section 109A-2-326) before the consignee receives possession of the goods; and (b) the consignor gives notification in writing to the holder of the security interest if the holder has filed a financing statement covering the same types of goods before the date of the filing made by the consignor; and (c) the holder of the security interest receives the notification within five years before the consignee receives possession of the goods; and (d) the notification states that the consignor expects to deliver goods on consignment to the consignee, describing the goods by item or type.

"GA1978.1.1096">

(2) In the case of a consignment which is not a security interest and in which the requirements of the preceding subsection have not been met, a person who delivers goods to another is subordinate to a person who would have a perfected security interest in the goods if they were the property of the debtor. Part 2. Validity of Security Agreement and Rights of Parties Thereto Sec. 109A-9-201 General validity of security agreement 109A-9-202 Title to collateral immaterial 109A-9-203 Enforceability of security interest; proceeds, formal requisites 109A-9-204 When security interest attaches; after-acquired property; future advances 109A-9-205 Use or disposition of collateral without accounting permissible 109A-9-206 Agreement not to assert defenses against assignee; modification of sales warranties where security agreement exists 109A-9-207 Rights and duties when collateral is in secured party's possession 109A-9-208 Request for statement of account or list of collateral 109A-9-201 General validity of security agreement Except as otherwise provided by this Act a security agreement is effective according to its terms between the parties, against purchasers of the collateral and against creditors. Nothing in this Article validates any charge or practice illegal under any statute or regulation thereunder governing usury, small loans, retail installment sales, or the like, or extends the application of any such statute or regulation to any transaction not otherwise subject thereto.

"GA1978.1.1097">

109A-9-202 Title to collateral immaterial Each provision of this Article with regard to rights, obligations and remedies applies whether title to collateral is in the secured party or in the debtor. 109A-9-203 Attachment and enforceability of security interest; proceeds, formal requisites (1) Subject to the provisions of Section 109A-4-208 on the security interest of a collecting bank and Section 109A-9-113 on a security interest arising under the Article on Sales, a security interest is not enforceable against the debtor or third parties with respect to the collateral and does not attach unless (a) the collateral is in the possession of the secured party pursuant to agreement, or the debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops growing or to be grown, a description of the land concerned; and (b) value has been given; and (c) the debtor has rights in the collateral. (2) A security interest attaches when it becomes enforceable against the debtor with respect to the collateral. Attachment occurs as soon as all of the events specified in subsection (1) have taken place unless explicit agreement postpones the time of attaching. (3) Unless otherwise agreed a security agreement gives the secured party the rights to proceeds provided by Section 9-306. (4) A transaction, although subject to this Article, is also subject to an Act known as the `Georgia Industrial Loan Act', approved March 4, 1955 (Ga. Laws 1955, p. 431), as now or hereafter amended; Ga. Code Title 57, relating to Interest and Usury; an Act known as the `Retail Installment and Home Solicitation Sales Act', approved April 18, 1967 (Ga. Laws 1967, p. 659), as now or hereafter amended; an Act known as the `Motor Vehicle Sales Finance Act', approved April 18, 1967 (Ga. Laws 1967, p. 674), as now or hereafter amended; and in the case of conflict between the provisions

"GA1978.1.1098">

of this Article and any such statute, the provisions of such statute control. Failure to comply with any applicable statute has only the effect which is specified therein. 109A-9-204 After-acquired property; future advances (1) Except as provided in subsection (2) a security agreement may provide that any or all obligations covered by the security agreement are to be secured by after-acquired collateral. (2) No security interest attaches under an after-acquired property clause to consumer goods other than accessions (Section 109A-9-314) when given as additional security unless the debtor acquires rights in them within ten days after the secured party gives value. (3) Obligations covered by a security agreement may include future advances or other value whether or not the advances or value are given pursuant to commitment (subsection (1) of Section 109A-9-105). 109A-9-205 Use or disposition of collateral without accounting permissible A security interest is not invalid or fraudulent against creditors by reason of liberty in the debtor to use, commingle or dispose of all or part of the collateral (including returned or repossessed goods) or to collect or compromise accounts or chattel paper, or to accept the return of goods or make repossessions, or to use, commingle or dispose of proceeds, or by reason of the failure of the secured party to require the debtor to account for proceeds or replace collateral. This Section does not relax the requirements of possession where perfection of a security interest depends upon possession of the collateral by the secured party or by a bailee. 109A-9-206 Agreement not to assert defenses against assignee; modification of sales warranties where security agreement exists (1) Subject to any statute or decision which establishes a different rule for buyers of consumer goods, an agreement by a buyer that he will not assert against an assignee any claim or defense which he may have against the seller is enforceable by an assignee who takes his assignment for value, in good faith and without notice of a claim

"GA1978.1.1099">

or defense, except as to defenses of a type which may be asserted against a holder in due course of a negotiable instrument under the Article on Commercial Paper (Article 3). A buyer who as part of one transaction signs both a negotiable instrument and a security agreement makes such an agreement. (2) When a seller retains a purchase money security interest in goods the Article on Sales (Article 2) governs the sale and any disclaimer, limitation or modification of the seller's warranties. 109A-9-207 Rights and duties when collateral is in secured party's possession (1) A secured party must use reasonable care in the custody and preservation of collateral in his possession. In the case of an instrument or chattel paper reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed. (2) Unless otherwise agreed, when collateral is in the secured party's possession (a) reasonable expenses (including the cost of any insurance and payment of taxes or other charges) incurred in the custody, preservation, use or operation of the collateral are chargeable to the debtor and are secured by the collateral; (b) the risk of accidental loss or damage is on the debtor to the extent of any deficiency in any effective insurance coverage; (c) the secured party may hold as additional security any increase or profits (except money) received from the collateral, but money so received, unless remitted to the debtor, shall be applied in reduction of the secured obligation; (d) the secured party must keep the collateral identifiable but fungible collateral may be commingled; (e) the secured party may repledge to collateral upon terms which do not impair the debtor's right to redeem it. (3) A secured party is liable for any loss caused by his failure to meet any obligation imposed by the preceding subsections but does not lose his security interest.

"GA1978.1.1100">

(4) A secured party may use or operate the collateral for the purpose of preserving the collateral or its value or pursuant to the order of a court of appropriate jurisdiction or, except in the case of consumer goods, in the manner and to the extent provided in the security agreement. 109A-9-208 Request for statement of account or list of collateral (1) A debtor may sign a statement indicating what he believes to be the aggregate amount of unpaid indebtedness as of a specified date and may send it to the secured party with a request that the statement be approved or corrected and returned to the debtor. When the security agreement or any other record kept by the secured party identifies the collateral a debtor may similarly request the secured party to approve or correct a list of the collateral. (2) The secured party must comply with such a request within two weeks after receipt by sending a written correction or approval. If the secured party claims a security interest in all of a particular type of collateral owned by the debtor he may indicate that fact in his reply and need not approve or correct an itemized list of such collateral. If the secured party without reasonable excuse fails to comply he is liable for any loss caused to the debtor thereby; and if the debtor has properly included in his request a good faith statement of the obligation or a list of the collateral or both the secured party may claim a security interest only as shown in the statement against persons misled by his failure to comply. If he no longer has an interest in the obligation or collateral at the time the request is received he must disclose the name and address of any successor in interest known to him and he is liable for any loss caused to the debtor as a result of failure to disclose. A successor in interest is not subject to this Section until a request is received by him. (3) A debtor is entitled to such a statement once every six months without charge. The secured party may require payment of a charge not exceeding $ 10 for each additional statement furnished.

"GA1978.1.1101">

Part 3. Rights of Third Parties; Perfected and Unperfected Security Interest; Rules of Priority Sec. 109A-9-301 Persons who take priority over unperfected security interests; `right of' `lien creditor' 109A-9-302 When filing is required to perfect security interest; security interest to which filing provisions of this Article do not apply 109A-9-303 When security interest is perfected; continuity of perfection 109A-9-304 Perfection of security interest in instruments, documents, and goods covered by documents; perfection by permissive filing; temporary perfection without filing or transfer of possession 109A-9-305 When possession by secured party perfects security interest without filing 109A-9-306 `Proceeds'; secured party's rights on disposition of collateral 109A-9-307 Protection of buyers of goods 109A-9-308 Purchase of chattel paper and nonnegotiable instruments 109A-9-309 Protection of purchasers of instruments and documents 109A-9-310 Priority of certain liens, claims and rights 109A-9-311 Alienability of debtor's rights: judicial process 109A-9-312 Priorities among conflicting security interests in the same collateral

"GA1978.1.1102">

109A-9-313 Priority of security interests in fixtures 109A-9-314 Accessions 109A-9-315 Priority when goods are commingled or processed 109A-9-316 Priority subject to subordination 109A-9-317 Secured party not obligated on contract of debtor 109A-9-318 Defenses against assignee; modification of contract after notification of assignment; term prohibiting assignment ineffective; identification and proof of assignment 109A-9-301 Persons who take priority over unperfected security interests; right of `lien creditor' (1) Except as otherwise provided in subsection (2), an unperfected security interest is subordinate to the rights of (a) persons entitled to priority under Section 109A-9-312; (b) a person who becomes a lien creditor before the security interest is perfected; (c) in the case of goods, instruments, documents, and chattel paper, a person who is not a secured party and who is a transferee in bulk or other buyer not in ordinary course of business, or is a buyer of farm products in ordinary course of business, to the extent that he gives value and receives delivery of the collateral without knowledge of the security interest and before it is perfected; (d) in the case of accounts and general intangibles, a person who is not a secured party and who is a transferee to the extent that he gives value without knowledge of the security interest and before it is perfected. (2) If the secured party files with respect to a purchase money security interest before or within ten days after the debtor receives possession of the collateral, he takes priority over the rights of a

"GA1978.1.1103">

transferee in bulk or of a lien creditor which arise between the time the security interest attaches and the time of filing. (3) A `lien creditor' means a creditor who has acquired a lien on the property involved by attachment, levy or the like and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of filing of the petition or a receiver in equity from the time of appointment. 109A-9-302 When filing is required to perfect security interest; security interests to which filing provisions of this Article do not apply (1) A financing statement must be filed to perfect all security interests except the following: (a) a security interest in collateral in possession of the secured party under Section 109A-9-305; (b) a security interest temporarily perfected in instruments or documents without delivery under Section 109A-9-304 or in proceeds for a 10-day period under Section 109A-9-306; (c) a security interest created by an assignment of a beneficial interest in a trust or a decedent's estate; (d) a purchase money security interest in consumer goods; but fixture filing is required for priority over conflicting interests in fixtures to the extent provided in Section 109A-9-313; (e) an assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor; (f) security interest of a collecting bank (Section 109A-4-208) or arising under the Article on Sales (see Section 109A-9-113) or covered in subsection (3) of this Section; (g) an assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder.

"GA1978.1.1104">

(2) If a secured party assigns a perfected security interest, no filing under this Article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor. (3) The filing of a financing statement otherwise required by this Article is not necessary or effective to perfect a security interest in property (a) subject to a statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this Article for filing of the security interest; or (b) required to have a certificate of title under an Act known as the `Motor Vehicle Certificate of Title Act', approved March 3, 1961 (Ga. Laws 1961, p. 68), as now or hereafter amended, or subject to Section 40 of said Act but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this Article (Part 4) apply to a security interest in that collateral created by him as debtor; or (c) subject to Code Section 67-108.1, relating to the registry of mortgages on property of railroads and other utilities, as now or hereafter amended, but the filing provisions of this Article shall apply to a security interest created by an agreement which deals only with the personal property (excluding fixtures) of the entities described in said Section; (d) a certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection (2) of Section 109A-9-103). (4) Compliance with a statute or treaty described in subsection (3) is equivalent to the filing of a financing statement under this Article, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in Section 109A-9-103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by

"GA1978.1.1105">

compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this Article. 109A-9-304 Perfection of security interest in instruments, documents, and goods covered by documents; perfection by permissive filing; temporary perfection without filing or transfer of possession (1) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in money or instruments (other than instruments which constitute part of chattel paper) can be perfected only by the secured party's taking possession, except as provided in subsections (4) and (5) of this Section and subsections (2) and (3) of Section 109A-9-306 on proceeds. (2) During the period that goods are in the possession of the issuer of a negotiable document therefor, a security interest in the goods is perfected by perfecting a security interest in the document, and any security interest in the goods otherwise perfected during such period is subject thereto. (3) A security interest in goods in the possession of a bailee other than one who has issued a negotiable document therefor is perfected by issuance of a document in the name of the secured party or by the bailee's receipt of notification of the secured party's interest or by filing as to the goods. (4) A security interest in instruments or negotiable documents is perfected without filing or the taking of possession for a period of 21 days from the time it attaches to the extent that it arises for new value given under a written security agreement. (5) A security interest remains perfected for a period of 21 days without filing where a secured party having a perfected security interest in an instrument, a negotiable document or goods in possession of a bailee other than one who has issued a negotiable document therefor (a) makes available to the debtor the goods or documents representing the goods for the purpose of ultimate sale or exchange or for the purpose of loading, unloading, storing, shipping, transshipping, manufacturing, processing or otherwise

"GA1978.1.1106">

dealing with them in a manner preliminary to their sale or exchange, but priority between conflicting security interests in the goods is subject to subsection (3) of Section 109A-9-312; or (b) delivers the instrument to the debtor for the purpose of ultimate sale or exchange or of presentation, collection, renewal or registration of transfer. (6) After the 21-day period in subsections (4) and (5) perfection depends upon compliance with applicable provisions of this Article. 109A-9-305 When possession by secured party perfects security interest without filing A security interest in letters of credit and advices of credit (subsection (2)(a) of Section 5-116), goods, instruments, money, negotiable documents or chattel paper may be perfected by the secured party's taking possession of the collateral. If such collateral other than goods covered by a negotiable document is held by a bailee, the secured party is deemed to have possession from the time the bailee receives notification of the secured party's interest. A security interest is perfected by possession from the time possession is taken without relation back and continues only so long as possession is retained, unless otherwise specified in this Article. The security interest may be otherwise perfected as provided in this Article before or after the period of possession by the secured party. 109A-9-306 `Proceeds'; secured party's rights on disposition of collateral (1) `Proceeds' includes whatever is received upon the sale, exchange, collection or other disposition of collateral or proceeds. Insurance payable by reason of loss or damage to the collateral is proceeds, except to the extent that it is payable to a person other than a party to the security agreement. Money, checks, deposit accounts, and the like are `cash proceeds.' All other proceeds are `noncash proceeds.' (2) Except where this Article otherwise provides, a security interest continues in collateral notwithstanding sale, exchange or other disposition thereof unless the disposition was authorized by the secured party in the security agreement or otherwise, and also

"GA1978.1.1107">

continues in any identifiable proceeds including collections received by the debtor. (3) The security interest in proceeds is a continuously perfected security interest if the interest in the original collateral was perfected but it ceases to be a perfected security interest and becomes unperfected 10 days after receipt of the proceeds by the debtor unless (a) a filed financing statement covers the original collateral and the proceeds are collateral in which a security interest may (taking into account Section 109A-9-401(2) and (3) be perfected by filing in the office or offices where the financing statement has been filed and, if the proceeds are acquired with cash proceeds, the description of collateral in the financing statement indicates the types of property constituting the proceeds; or (b) a filed financing statement covers the original collateral and the proceeds are identifiable cash proceeds; or (c) the security interest in the proceeds is perfected before the expiration of the ten-day period. Except as provided in this Section, a security interest in proceeds can be perfected only by the methods or under the circumstances permitted in this Article for original collateral of the same type. (4) In the event of insolvency proceedings instituted by or against a debtor, a secured party with a perfected security interest in proceeds has a perfected security interest only in the following proceeds: (a) in identifiable noncash proceeds, and in separate deposit accounts containing only proceeds; (b) in identifiable cash proceeds in the form of money which is neither commingled with other money nor deposited in a deposit account prior to the insolvency proceedings; (c) in identifiable cash proceeds in the form of checks and the like which are not deposited in a deposit account prior to the insolvency proceedings; and

"GA1978.1.1108">

(d) in all cash and deposit accounts of the debtor in which proceeds have been commingled with other funds, but the perfected security interest under this paragraph (d) is (i) subject to any right of set-off; and (ii) limited to an amount not greater than the amount of any cash proceeds received by the debtor within 10 days before the institution of the insolvency proceedings less the sum of (I) the payments to the secured party on account of cash proceeds received by the debtor during such period and (II) the cash proceeds received by the debtor during such period to which the secured party is entitled under paragraphs (a) through (c) of this subsection (4). (5) If a sale of goods results in an account or chattel paper which is transferred by the seller to a secured party, and if the goods are returned to or are repossessed by the seller or the secured party, the following rules determine priorities: (a) If the goods were collateral at the time of sale for an indebtedness of the seller which is still unpaid, the original security interest attaches again to the goods and continues as a perfected security interest if it was perfected at the time when the goods were sold. If the security interest was originally perfected by a filing which is still effective, nothing further is required to continue the perfected status; in any other case, the secured party must take possession of the returned or repossessed goods or must file. (b) An unpaid transferee of the chattel paper has a security interest in the goods against the transferor. Such security interest is prior to a security interest asserted under paragraph (a) to the extent that the transferee of the chattel paper was entitled to priority under 109A-9-308.

"GA1978.1.1109">

(c) An unpaid transferee of the account has a security interest in the goods against the transferor. Such security interest is subordinate to a security interest asserted under paragraph (a). (d) A security interest of an unpaid transferee asserted under paragraph (b) or (c) must be perfected for protection against creditors of the transferor and purchasers of the returned or repossessed goods. 109A-9-307 Protection of buyers of goods; commission merchants (1) A buyer in ordinary course of business (subsection (9) of 109A-9-201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence. (2) In the case of consumer goods, a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value and for his own personal, family or household purposes unless prior to the purchase the secured party has filed a financing statement covering such goods. (3) A commission merchant who shall sell livestock or agricultural products for another for a fee or commission shall not be liable to the holder of a security interest created by the seller of such livestock or products even though the security interest is perfected where the sale is made in ordinary course of business and without knowledge of the perfected security interest. 109A-9-308 Purchase of chattel paper and instruments A purchaser of chattel paper or an instrument who gives new value and takes possession of it in the ordinary course of his business has priority over a security interest in the chattel paper or instrument (a) which is perfected under 109A-9-304 (permissive filing and temporary perfection) or under 109A-9-306 (perfection as to proceeds) if he acts without knowledge that the specific paper or instrument is subject to a security interest; or

"GA1978.1.1110">

(b) which is claimed merely as proceeds of inventory subject to a security interest (109A-9-306) even though he knows that the specific paper or instrument is subject to the security interest. 109A-9-309 Protection of purchasers of instruments and documents Nothing in this Article limits the rights of a holder in due course of a negotiable instrument (109A-3-302) or a holder to whom a negotiable document of title has been duly negotiated (109A-7-501) or a bona fide purchaser of a security (109A-8-301) and such holders or purchasers take priority over an earlier security interest even though perfected. Filing under this Article does not constitute notice of the security interest to such holders or purchasers. 109A-9-310 Priority of certain liens, claims and rights Except as is expressly provided to the contrary elsewhere in this Article, a perfected security interest in collateral takes priority over each and all of the liens, claims and rights described in Code Section 67-1701, relating to the establishment of certain liens, as now or hereafter amended, and Code Section 113-1508, relating to the priority of debts against the estate of a decedent, as now or hereafter amended, provided, nevertheless, that (a) year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest, (b) a lien for property taxes duly assessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest, (c) a lien for all other State taxes takes priority over such security interest, except where such security interest is perfected by filing a financing statement relative thereto prior to such time as the execution for such State taxes shall be entered on the execution docket in the place and in the manner provided by law; provided nevertheless that, with respect to priority rights between such tax liens and security interests where under this Article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to the effective date of this Act, and

"GA1978.1.1111">

(d) a lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction takes priority over such perfected security interest, but only if execution or notice of such lien or judgment is duly recorded in the place designated by statute applicable thereto, and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security interest entitled to priority under subsection (2) of Section 109A-9-301. 109A-9-311 Alienability of debtor's rights: judicial process The debtor's rights in collateral may be voluntarily or involuntarily transferred (by way of sale, creation of a security interest, attachment, levy, garnishment or other judicial process) notwithstanding a provision in the security agreement prohibiting any transfer or making the transfer constitute a default. 109A-9-312 Priorities among conflicting security interests in the same collateral (1) The rules of priority stated in other Sections of this Part and in the following Sections shall govern when applicable: 109A-4-208 with respect to the security interests of collecting banks in items being collected, accompanying documents and proceeds; 109A-9-103 on security interests related to other jurisdictions; 109A-9-114 on consignments. (2) A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than three months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest secures obligations due more than six months before the crops become growing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest. (3) A perfected purchase money security interest in inventory has priority over a conflicting security interest in the same inventory and also has priority in identifiable cash proceeds received on or before the delivery of the inventory to a buyer if

"GA1978.1.1112">

(a) the purchase money security interest is perfected at the time the debtor receives possession of the inventory; and (b) the purchase money secured party gives notification in writing to the holder of the conflicting security interest if the holder had filed a financing statement covering the same types of inventory, (i) before the date of the filing made by the purchase money secured party, or (ii) before the beginning of the 21-day period where the purchase money security interest is temporarily perfected without filing or possession (Section 109A-9-304(5); and (c) the holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and (d) the notification states that the person giving the notice has or expects to acquire a purchase money security interest in inventory of the debtor, describing such inventory by item or type. (4) A purchase money security interest in collateral other than inventory has priority over a conflicting security interest in the same collateral or its proceeds if the purchase money security interest is perfected at the time the debtor receives possession of the collateral or within ten days thereafter. (5) In all cases not governed by other rules stated in this Section (including cases of purchase money security interest which do not qualify for the special priorities set forth in subsections (3) and (4) of this Section), priority between conflicting security interests in the same collateral shall be determined according to the following rules: (a) Conflicting security interests rank according to priority in time of filing or perfection. Priority dates from the time a filing is first made covering the collateral or the time the security interest is first perfected, whichever is earlier, provided that there is no period thereafter when there is neither filing nor perfection.

"GA1978.1.1113">

(b) So long as conflicting security interests are unperfected, the first to attach has priority. (6) For the purpose of subsection (5) a date of filing or perfection as to collateral is also a date of filing or perfection as to proceeds. (7) If future advances are made while a security interest is perfected by filing or the taking of possession, the security interest has the same priority for the purposes of subsection (5) with respect to the future advances as it does with respect to the first advance. If a commitment is made before or while the security interest is so perfected, the security interest has the same priority with respect to advances made pursuant thereto. In other cases a perfected security interest has priority from the date the advance is made. 109A-9-313 Priority of security interests in fixtures (1) In this Section and in the provisions of Part 4 of this Article referring to fixture filing, unless the context otherwise requires: (a) goods are `fixtures' when they become so related to particular real estate that an interest in them arises under real estate law. (b) a `fixture filing' is the filing in the office where a mortgage on the real estate would be filed or recorded of a financing statement covering goods which are or are to become fixtures and conforming to the requirements of subsection (5) of Section 109A-9-403. (c) a mortgage is a `construction mortgage' to the extent that it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates. (2) A security interest under this Article may be created in goods which are fixtures or may continue in goods which become fixtures, but no security interest exists under this Article in ordinary building materials incorporated into an improvement on land.

"GA1978.1.1114">

(3) This Article does not prevent creation of an encumbrance upon fixtures pursuant to real estate law. (4) A perfected security interest in fixtures has priority over the conflicting interest of an encumbrance or owner of the real estate where (a) the security interest is a purchase money security interest, the interest of the encumbrancer or owner arises before the goods become fixtures, the security interest is perfected by a fixture filing before the goods become fixtures or within ten days thereafter, and the debtor has an interest of record in the real estate or is in possession of the real estate; or (b) the security interest is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the security interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the debtor has an interest of record in the real estate or is in possession of the real estate; or (c) the fixtures are readily removable factory or office machines or readily removable replacements of domestic appliances which are consumer goods, and before the goods become fixtures the security interest is perfected by any method permitted by this Article; or (d) the conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this Article. (5) A security interest in fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate where (a) the encumbrancer or owner has consented in writing to the security interest or has disclaimed an interest in the goods as fixtures; or (b) the debtor has a right to remove the goods as against the encumbrancer or owner. If the debtor's right terminates, the priority of the security interest continues for a reasonable time.

"GA1978.1.1115">

(6) Notwithstanding paragraph (a) of subsection (4) but otherwise subject to subsections (4) and (5), a security interest in fixtures is subordinate to a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent that it is given to refinance a construction mortgage, a mortgage has this priority to the same extent as the construction mortgage. (7) In cases not within the preceding subsections, a security interest in fixtures is subordinate to the conflicting interest of an encumbrancer or owner of the related real estate who is not the debtor. (8) When the secured party has priority over all owners and encumbrancers of the real estate, he may, on default, subject to the provisions of Part 5, remove his collateral from the real estate but he must reimburse any encumbrancer or owner of the real estate who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation. 109A-9-314 Accessions (1) A security interest in goods which attaches before they are installed in or affixed to other goods takes priority as to the goods installed or affixed (called in this Section `accessions') over the claims of all persons to the whole except as stated in subsection (3) and subject to 109A-9-315(1). (2) A security interest which attaches to goods after they become part of a whole is valid against all persons subsequently acquiring interests in the whole except as stated in subsection (3) but is invalid against any person with an interest in the whole at the time the security interest attaches to the goods who has not in writing consented to the security interest or disclaimed an interest in the goods as part of the whole. (3) The security interests described in subsections (1) and (2) do not take priority over

"GA1978.1.1116">

(a) a subsequent purchaser for value of any interest in the whole; or (b) a creditor with a lien on the whole subsequently obtained by judicial proceedings; or (c) a creditor with a prior perfected security interest in the whole to the extent that he makes subsequent advances if the subsequent purchase is made, the lien by judicial proceedings obtained or the subsequent advance under the prior perfected security interest is made or contracted for without knowledge of the security interest and before it is perfected. A purchaser of the whole at a foreclosure sale other than the holder of a perfected security interest purchasing at his own foreclosure sale is a subsequent purchaser within this Section. (4) When under subsection (1) or (2) and (3) a secured party has an interest in accessions which has priority over the claims of all persons who have interests in this whole, he may on default subject to the provisions of Part 5 remove his collateral from the whole but he must reimburse any encumbrancer or owner of the whole who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation. 109A-9-315 Priority when goods are commingled or processed (1) If a security interest in goods was perfected and subsequently the goods or a part thereof have become part of a product or mass, the security interest continues in the product or mass if (a) the goods are so manufactured, processed, assembled, or commingled that their identity is lost in the product or mass; or (b) a financing statement covering the original goods also covers the product into which the goods have been manufactured, processed or assembled.

"GA1978.1.1117">

In a case to which paragraph (b) applies, no separate security interest in that part of the original goods which have been manufactured, processed, or assembled into the product may be claimed under 109A-9-314. (2) When under subsection (1) more than one security interest attaches to the product or mass, they rank equally according to the ratio that the cost of the goods to which each interest originally attached bears to the cost of the total product or mass. 109A-9-316 Priority subject to subordination Nothing in this Article prevents subordination by agreement by any person entitled to priority. 109A-9-317 Secured party not obligated on contract of debtor The mere existence of a security interest or authority given to the debtor to dispose of or use collateral does not impose contract or tort liability upon the secured party for the debtor's acts or omissions. 109A-9-318 Defenses against assignee; modification of contract after notification of assignment; term prohibiting assignment ineffective; identification and proof of assignment (1) Unless an account debtor has made an enforceable agreement not to assert defenses or claims arising out of a sale as provided in 109A-9-206 the rights of an assignee are subject to (a) All the terms of the contract between the account debtor and assignor and any defense or claim arising therefrom; and (b) Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives notification of the assignment. (2) So far as the right to payment or a part thereof under an assigned contract has not been fully earned by performance, and notwithstanding notification of the assignment, any modification of or substitution for the contract made in good faith and in accordance

"GA1978.1.1118">

with reasonable commercial standards is effective against an assignee unless the account debtor has otherwise agreed but the assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that such modification or substitution is a breach by the assignor. (3) The account debtor is authorized to pay the assignor until the account debtor receives notification that the amount due or to become due has been assigned and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the account debtor, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the account debtor may pay the assignor. (4) A term in any contract between an account debtor and an assignor is ineffective if it prohibits assignment of an account or prohibits creation of a security interest in a general intangible for money due or to become due or requires the account debtor's consent to such assignment or security interest. Part 4. Filing Sec. 109A-9-401 Place of filing; erroneous filing; removal of collateral 109A-9-402 Formal requisites of financing statement; amendments; mortgage as financing statement 109A-9-403 What constitutes filing; duration of filing; effect of lapsed filing; duties of filing officer 109A-9-404 Termination statement 109A-9-405 Assignment of security interest; duties of filing officer; fees 109A-9-406 Release of collateral; duties of filing officer; fees

"GA1978.1.1119">

109A-9-407 Information from filing officer; destruction of old records 109A-9-408 Financing statements covering consigned or leased goods 109A-9-401 Place of filing; erroneous filing; removal of collateral (1) The proper place to file in order to perfect a security interest is as follows: (a) when the collateral is crops growing or to be grown, or is minerals or accounts subject to subsection (5) of Section 109A-9-103, or when the financing statement is filed as a fixture filing and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded; (b) in all other cases in the office of the clerk of the superior court as follows: When the debtor is a resident individual, then in the county where he resides; or when the debtor is a partnership, a corporation, other business entity not an individual, or a nonresident individual, then in the county of the debtor's principal place of business in this State, but if he has no place of business in this State then in the county where the property is kept or used in this State. If the debtor has more than one place of business in this State, his principal place of business shall be deemed to be located at his chief executive office in this State. (2) A filing which is made in good faith in an improper place or not in all of the places required by this Section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this Article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement. (3) A filing which is made in the proper place in this State continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.

"GA1978.1.1120">

(4) The rules stated in 109A-9-103 determine whether filing is necessary in this State. 109A-9-402 Formal requisites of financing statement; amendments; mortgage as financing statement (1) A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, or minerals or accounts subject to subsection (5) of Section 109A-9-103, or when the financing statement is filed as a fixture filing (Section 109A-9-313) and the collateral is goods which are or are to become fixtures, the statement must also comply with subsection (3). A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by the debtor. (2) A financing statement which otherwise complies with subsection (1) is sufficient when it is signed by the secured party instead of the debtor if it is filed to perfect a security interest in (a) collateral already subject to a security interest in another jurisdiction when it is brought into this State, or when the debtor's location is changed to this State. Such a financing statement must state that the collateral was brought into this State or that the debtor's location was changed to this State under such circumstances; or (b) proceeds under 109A-9-306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral; or (c) collateral as to which the filing has lapsed; or (d) collateral acquired after a change of name, identity or corporate structure of the debtor (subsection (7)).

"GA1978.1.1121">

(3) A form substantially as follows is sufficient to comply with subsection (1):

"GA1978.1.1122">

(4) A financing statement may be amended by filing a writing signed by both the debtor and the secured party. An amendment does not extend the period of effectiveness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this Article, unless the context otherwise requires, the term `financing statement' means the original financing statement and any amendments. (5) A financing statement covering crops growing or to be grown, or minerals or the like (including oil and gas) or accounts subject to subsection (5) of Section 109A-9-103, or a financing statement indexed as a fixture filing (Section 109A-9-313) must show that it covers this type of collateral, must recite that it is to be filed in the real estate records, and the financing statement must contain a description of the real estate. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of the record owner or record lessee. (6) If (a) goods are or are to become fixtures related to the real estate described in a mortgage of the real estate, (b) the goods are described in the mortgage by item or type, (c) the mortgage complies with the requirements for a financing statement in this Section, (d) and conspicuously states on its first page that it is also to be indexed in the index of financing statements and (e) the mortgage is duly recorded, the mortgage is effective from the date of recording as a financing statement filed as a fixture filing. No fee with reference to the financing statement is required other than the regular recording and satisfaction fees with respect to the mortgage. (7) A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership or corporate name of the debtor, whether or not it adds other trade names or the names of partners. Where the debtor so changes his name, or in the case of an organization, its name, identity or corporate structure that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a serurity interest in collateral acquired by the debtor more than four mouths after the change, unless a new appropriate financing statement is filed before the expiration of that time. A filed financing statement remains effective with respect to

"GA1978.1.1123">

collateral transferred by the debtor even though the secured party knows of or consents to the transfer. (8) A financing statement substantially complying with the requirements of this Section is effective even though it contains minor errors which are not seriously misleading. 109A-9-403. What constitutes filing; duration of filing; effect of lapsed filing; duties of filing officer. (1) Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this Article. (2) Except as provided in subsection (c) a filed financing statement is effective for a period of five years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the five-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the five-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse. (3) A continuation statement may be filed by the secured party within six months prior to the expiration of the five-year period specified in subsection (2). Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. If the debtor's residence or principal place of business or the location of the collateral in this State has changed since the original filing so that the office where that filing was made is no longer the proper place to file an original statement under Section 109A-9-401(1),

"GA1978.1.1124">

then the continuation statement shall be filed in the office where it is then proper to file original statements and shall recite the office where the original statement is filed and its file number in that office. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of 109A-9-405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for five years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection (2) unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. (4) A filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement. In addition to the indexing required in the previous sentence, statements covering the collateral enumerated in subsection (7) shall be indexed as provided in that subsection. (5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement shall be $2.50. (6) A real estate mortgage which is effective as a fixture filing under subsection (6) of Section 109A-9-402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate. (7) When a financing statement covers crops growing or to be grown, or minerals or the like (including oil and gas) or accounts subject to subsection (5) of Section 109A-9-103, or is filed as a fixture filing, the filing officer shall also index it under the name of any owner or lessee of record if any is shown thereon, or if no such name is shown, under the name of the debtor in the same fashion as if they were the mortgagors in a mortgage of the real estate described. Where a mortgage is filed as a fixture filing under subsection

"GA1978.1.1125">

(6) of Section 109A-9-402, then the filing officer shall also index the mortgage in the index of financing statements under the name of the mortgagor as debtor. 109A-9-404 Termination statement (1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Section 109A-9-405, including payment of the required fee. If the affected secured party fails to send such a termination statement within 10 days after proper demand therefor he shall be liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure. (2) On presentation to the filing officer of such a termination statement he must note it in the index. If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement, and of any related continuation statement, statement of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after one year after receipt of the termination statement. (3) The uniform fee for filing and indexing a termination statement and stamping a copy thereof as provided in this Section shall be $1. 109A-9-405 Assignment of security interest; duties of filing officer; fees

"GA1978.1.1126">

(1) A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in Section 109A-9-403(4). The uniform fee for filing, indexing and stamping a copy of a financing statement so indicating an assignment shall be $2.50. (2) A secured party may assign of record all or part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, and in the case of a fixture filing, or a filing covering crops growing or to be grown, or covering minerals or the like (including oil and gas or accounts subject to subsection (5) of Section 109A-9-103), he shall index the assignment under the name of the assignor as grantor in the real estate records. The uniform fee for filing, indexing and stamping a copy of such a separate statement of assignment shall be $2. (3) After the disclosure or filing of an assignment under this Section, the assignee is the secured party of record. 109A-9-406 Release of collateral; duties of filing officer; fees A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a

"GA1978.1.1127">

separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Section 9-405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release shall be $2. 109A-9-407 Information from filing officer; destruction of old records (1) Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of 75 cents per page, provided that the person requesting such copy shall furnish to the filing officer the file number of the statement requested. (2) Unless the filing officer has notice of an action pending relative thereto, he may remove from the files and destroy (a) a lapsed original financing statement, a lapsed continuation statement and a statement of assignment or release relating to either, immediately if he has retained a microfilm or other photographic record or, in other cases, one year or more after lapse; and (b) a termination statement, immediately if he has retained a microfilm or other photographic record thereof or in other cases, one year or more after the filing of the termination statement, but such filing officer shall not destroy any index of such statement unless he retains a microfilm or other photographic record thereof. 109A-9-408 Financing statements covering consigned or leased goods A consignor or lessor of goods may file a financing statement using the terms `consignor', `consignee', `lessor', `lessee' or the like instead of the terms specified in Section 109A-9-402. The provisions of this Part shall apply as appropriate to such a financing statement but its filing shall not of itself be a factor in determining whether or

"GA1978.1.1128">

not the consignment or lease is intended as security (Section 109A-1-201(37)). However, if it is determined for other reasons that the consignment or lease is so intended, a security interest of the consignor or lessor which attaches to the consigned or leased goods is perfected by such filing. Part 5. Default Sec. 109A-9-501 Default; procedure when security agreement covers both real and personal property 109A-9-502 Collection rights of secured party 109A-9-503 Secured party's right to take possession after default 109A-9-504 Secured party's right to dispose of collateral after default; effect of disposition 109A-9-505 Compulsory disposition of collateral; acceptance of the collateral as discharge of obligation 109A-9-506 Debtor's right to redeem collateral 109A-9-507 Secured party's liability for failure to comply with this Part 109A-9-501 Default; procedure when security agreement covers both real and personal property (1) When a debtor is in default under a security agreement, a secured party has the rights and remedies provided in this Part and except as limited by subsection (3) those provided in the security agreement. He may reduce his claim to judgment, foreclose or otherwise enforce the security interest by any available judicial procedure. If the collateral is documents the secured party may proceed either as to the documents or as to the goods covered thereby. A secured party in possession has the rights, remedies and duties provided in Section 109A-9-207. The rights and remedies referred to in this subsection are cumulative.

"GA1978.1.1129">

(2) After default, the debtor has the rights and remedies provided in this Part, those provided in the security agreement and those provided in Section 109A-9-207. (3) To the extent that they give rights to the debtor and impose duties on the secured party, the rules stated in the subsections referred to below may not be waived or varied except as provided with respect to compulsory disposition of collateral (subsection (3) of Section 109A-9-504 and Section 109A-9-505) and with respect to redemption of collateral (Section 109A-9-506) but the parties may by agreement determine the standards by which the fulfillment of these rights and duties is to be measured if such standards are not manifestly unreasonable: (a) subsection (2) of Section 109A-9-502 and subsection (2) of Section 109A-9-504 insofar as they require accounting for surplus proceeds of collateral; (b) subsection (3) of Section 109A-9-504 and subsection (1) of Section 109A-9-505 which deal with disposition of collateral; (c) subsection (2) of Section 109A-9-505 which deals with acceptance of collateral as discharge of obligation; (d) Section 109A-9-506 which deals with redemption of collateral; and (e) subsection (1) of Section 109A-9-507 which deals with the secured party's liability for failure to comply with this Part. (4) If the security agreement covers both real and personal property, the secured party may proceed under this Part as to the personal property or he may proceed as to both the real and the personal property in accordance with his rights and remedies in respect of the real property in which case the provisions of this Part do not apply. (5) When a secured party has reduced his claim to judgment the lien of any levy which may be made upon his collateral by virtue of any execution based upon the judgment shall relate back to the date of the perfection of the security interest in such collateral. A judicial sale, pursuant to such execution, is a foreclosure of the security

"GA1978.1.1130">

interest by judicial procedure within the meaning of this Section, and the secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article. 109A-9-502 Collection rights of secured party (1) When so agreed and in any event on default the secured party is entitled to notify an account debtor or the obligor on an instrument to make payment to him whether or not the assignor was theretofore making collections on the collateral, and also to take control of any proceeds to which he is entitled under Section 109A-9-306. (2) A secured party who by agreement is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor and who undertakes to collect from the account debtors or obligors must proceed in a commercially reasonable manner and may deduct his reasonable expenses of realization from the collections. If the security agreement secures an indebtedness, the secured party must account to the debtor for any surplus, and unless otherwise agreed, the debtor is liable for any deficiency. But, if the underlying transaction was a sale of accounts or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides. 109A-9-503 Secured party's right to take possession after default Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action. If the security agreement so provides the secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. Without removal a secured party may render equipment unusable, and may dispose of collateral on the debtor's premises under 109A-9-504. 109A-9-504 Secured party's right to dispose of collateral after default; effect of disposition

"GA1978.1.1131">

(1) A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subject to the Article on Sales (Article 2). The proceeds of disposition shall be applied in the order following to (a) the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and, to the extent provided for in the agreement and not prohibited by law, the reasonable attorneys' fees and legal expenses incurred by the secured party; (b) the satisfaction of indebtedness secured by the security interest under which the disposition is made; (c) the satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification of demand therefor is received before distribution of the proceeds is completed. If requested by the secured party, the holder of a subordinate security interest must seasonably furnish reasonable proof of his interest, and unless he does so, the secured party need not comply with his demand. (2) If the security interest secures an indebtedness, the secured party must account to the debtor for any surplus, and, unless otherwise agreed, the debtor is liable for any deficiency. But if the underlying transaction was a sale of accounts or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides. (3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable. Unless collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, reasonable notification of the time and place of any public sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be sent by the secured party to the debtor, if he has not signed after default a statement renouncing or modifying his right to notification of sale.

"GA1978.1.1132">

In the case of consumer goods no other notification need be sent. In other cases notification shall be sent to any other secured party from whom the secured party has received (before sending his notification to the debtor or before the debtor's renunciation of his rights) written notice of a claim of an interest in the collateral. The secured party may buy at any public sale and if the collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations he may buy at private sale. (4) When collateral is disposed of by a secured party after default, the disposition transfers to a purchaser for value all of the debtor's rights therein, discharges the security interest under which it is made and any security interest or lien subordinate thereto. The purchaser takes free of all such rights and interests even though the secured party fails to comply with the requirements of this Part or of any judicial proceedings (a) in the case of a public sale, if the purchaser has no knowledge of any defects in the sale and if he does not buy in collusion with the secured party, other bidders or the person conducting the sale; or (b) in any other case, if the purchaser acts in good faith. (5) A person who is liable to a secured party under a guaranty, indorsement, repurchase agreement or the like and who receives a transfer of collateral from the secured party or is subrogated to his rights has thereafter the rights and duties of the secured party. Such a transfer of collateral is not a sale or disposition of the collateral under this Article. 109A-9-505 Compulsory disposition of collateral; acceptance of the collateral as discharge of obligation (1) If the debtor has paid sixty percent of the cash price in the case of a purchase money security interest in consumer goods or sixty percent of the loan in the case of another security interest in consumer goods, and has not signed after default a statement renouncing or modifying his rights under this Part a secured party who has taken possession of collateral must dispose of it under Section 109A-9-504 and if he fails to do so within ninety days after he

"GA1978.1.1133">

takes possession the debtor at his option may recover in conversion or under Section 109A-9-507(1) on secured party's liability. (2) In any other case involving consumer goods or any other collateral a secured party in possession may, after default, propose to retain the collateral in satisfaction of the obligation. Written notice of such proposal shall be sent to the debtor if he has not signed after default a statement renouncing or modifying his rights under this subsection. In the case of consumer goods no other notice need be given. In other cases notice shall be sent to any other secured party from whom the secured party has received (before sending his notice to the debtor or before the debtor's renunciation of his rights) written notice of a claim of an interest in the collateral. If the secured party receives objection in writing from a person entitled to receive notification within twenty-one days after the notice was sent, the secured party must dispose of the collateral under Section 109A-9-504. In the absence of such written objection the secured party may retain the collateral in satisfaction of the debtor's obligation. 109A-9-506 Debtor's right to redeem collateral At any time before the secured party has disposed of collateral or entered into a contract for its disposition under 109A-9-504 or before the obligation has been discharged under 109A-9-505(2) the debtor or any other secured party may unless otherwise agreed in writing after default redeem the collateral by tendering fulfillment of all obligations secured by the collateral as well as the expenses reasonably incurred by the secured party in retaking, holding and preparing collateral for disposition, in arranging for the sale, and to the extent provided in the agreement and not prohibited by law, his reasonable attorney's fees and legal expenses. 109A-9-507 Secured party's liability for failure to comply with this Part (1) If it is established that the secured party is not proceeding in accordance with the provisions of this Part disposition may be ordered or restrained on appropriate terms and conditions. If the disposition has occurred the debtor or any person entitled to notification or whose security interest has been made known to the secured party prior to the disposition has a right to recover from the secured

"GA1978.1.1134">

party any loss caused by a failure to comply with the provisions of this Part. If the collateral is consumer goods, the debtor has a right to recover in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the debt or the time price differential plus 10 percent of the cash price. (2) The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the secured party either sells the collateral in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with reasonable commercial practices among dealers in the type of property sold he has sold in a commercially reasonable manner. The principles stated in the two preceding sentences with respect to sales also apply as may be appropriate to other types of disposition. A disposition which has been approved in any judicial proceeding or by any bona fide creditors' committee or representative of creditors shall conclusively be deemed to be commercially reasonable, but this sentence does not indicate that any such approval must be obtained in any case nor does it indicate that any disposition not so approved is not commercially reasonable. Section 2. Section 109A-1-105 of the Code of Georgia is hereby repealed in its entirety and in lieu thereof a new Section 109A-1-105 is added to read as follows: 109A-1-105 Territorial application of the Act; parties' power to choose applicable law (1) Except as provided hereafter in this Section, when a transaction bears a reasonable relation to this State and also to another state or nation the parties may agree that the law either of this State or of such other state or nation shall govern their rights and duties. Failing such agreement this Act applies to transactions bearing an appropriate relation to this State. (2) Where one of the following provisions of this Act specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:

"GA1978.1.1135">

Rights of creditors against sold goods. Section 109A-2-402. Applicability of the Article on Bank Deposits and Collections. Section 109A-4-102. Bulk transfers subject to the Article on Bulk Transfers. Section 109A-6-102. Applicability of the Article on Investment Securities. Section 109A-8-106. Perfection provisions of the Article on Secured Transactions, Section 109A-9-103. Article on Secured Transactions. Section 109A-9-103. Section 3. Subsection 109A-1-201(9) of the Code of Georgia is hereby repealed in its entirety and in lieu thereof a new subsection is added to read as follows: (9) `Buyer in ordinary course of business' means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed to be persons in the business of selling goods of that kind. `Buying' may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. Section 4. Subsection 109A-1-201(37) is hereby repealed in its entirety and in lieu thereof a new subsection is added to read as follows:

"GA1978.1.1136">

(37) `Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (Section 109A-2-401) is limited in effect to a reservation of a `security interest.' The term also includes any interest of a buyer of accounts, or chattel paper which is subject to Article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under Section 109A-2-401 is not a `security interest', but a buyer may also acquire a `security interest' by complying with Article 9. Unless a lease or consignment is intended as security, reservation of title thereunder is not a `security interest' but a consignment is in any event subject to the provisions on consignment sales (Section 109A-2-326). Whether a lease is intended as security is to be determined by the facts of each case; however, (a) the inclusion of an option to purchase does not of itself make the lease one intended for security, and (b) an agreement that upon compliance with the terms of the lease, the lessee shall become or has the option to become the owner of the property for no additional consideration or for a nominal consideration does make the lease one intended for security. Section 5. Section 109A-2-107 of the Code of Georgia is hereby repealed in its entirety and in lieu thereof a new Section 109A-2-107 is added to read as follows: 109A-2-107 Goods to be severed from realty: recording (1) A contract for the sale of timber, minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this Article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell. (2) A contract for the same apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) is a contract for the sale of goods within this Article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

"GA1978.1.1137">

(3) The provisions of this Section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale. Section 6. Section 109A-5-116 of the Code of Georgia is hereby repealed in its entirety and in lieu thereof a new Section 109A-5-116 is added to read as follows: 109A-5-116 Transfer and assignment (1) The right to draw under a credit can be transferred or assigned only when the credit is expressly designated as transferable or assignable. (2) Even though the credit specifically states that it is nontransferable or nonassignable the beneficiary may before performance of the conditions of the credit assign his right to proceeds. Such an assignment is an assignment of an account under Article 9 on Secured Transactions and is governed by that Article except that (a) the assignment is ineffective until the letter of credit or advice of credit is delivered to the assignee which delivery constitutes perfection of the security interest under Article 9; and (b) the issuer may honor drafts or demands for payment drawn under the credit until it receives a notification of the assignment signed by the beneficiary which reasonably identifies the credit involved in the assignment and contains a request to pay the assignee; and (c) after what reasonably appears to be such a notification has been received the issuer may without dishonor refuse to accept or pay even to a person otherwise entitled to honor until the letter of credit or advice of credit is exhibited to the issuer. (3) Except where the beneficiary has effectively assigned his right to draw or his right to proceeds, nothing in this Section limits his right to transfer or negotiate drafts or demands drawn under the credit.

"GA1978.1.1138">

Section 7. Code Chapter 109A-1, relating to general provisions, as amended, is hereby amended by adding a new Code Section 109A-1-209 at the end thereof to read as follows: 109A-1-209 Subordinated Obligations. An obligation may be issued as subordinated to payment of another obligation of the person obligated, or a creditor may subordinate his right to payment of an obligation by agreement with either the person obligated or another creditor of the person obligated. Such a subordination does not create a security interest as against either the common debtor or a subordinated creditor. This Section shall be construed as declaring the law as it existed prior to the enactment of this Section and not as modifying it. Section 8. Code Title 109A, known as the Uniform Commercial Code, as amended, is hereby amended by adding a new Code Chapter 109A-11 at the end thereof to read as follows: CHAPTER 109A-11. ARTICLE 11EFFECTIVE DATE AND TRANSITION PROVISIONS - REVISED ARTICLE 9 AND CONFORMING TO OTHER ARTICLES Sec. 109A-11-101 Effective date 109A-11-102 Preservation of old transition provision and repealer 109A-11-103 Transition to revised Article 109A-11-104 Presumption that rule of law continues unchanged 109A-11-101 Effective date; definitions (1) This Act shall become effective at 12:01 A.M. on July 1, 1978. (2) As used in this Chapter: (a) `old Article 9' means Section 109A-1-105, 109A-1-201(9), 109A-1-201(37), 109A-2-107, 109A-5-116 and Chapter

"GA1978.1.1139">

109A-9 of the Code of Georgia, Uniform Commercial Code, as they are in effect on June 30, 1977, immediately prior to the effective date of this Act. (b) `revised Article 9' means Section 109A-1-105, 109A-1-201(9), 109A-1-201(37), 109A-1-209, 109A-2-107, 109A-5-116 and Chapter 109A-9 of the Code of Georgia, Uniform Commercial Code, as said provisions are enacted pursuant to this Act. 109A-11-102 Preservation of old transition provision and repealer The provisions of Chapter 109A-10 of the Code of Georgia, as amended, shall continue to apply to the revised Article 9. 109A-11-103 Transition to revised Article (1) Transactions validly entered into before the effective date specified in Section 109A-11-101 and the rights, duties and interests flowing from them remain valid thereafter; and, except as provided in subsection (2), may be terminated, completed, consummated or enforced as required or permitted by old Article 9 and other statute or other law amended or repealed by this Act as though such repeal or amendment had not occurred. (2) Continuation statements with respect to security interests perfected under the old Article 9 shall, after the effective date specified in Section 109A-11-101, be filed in the manner and place specified in the revised Article 9. 109A-11-104 Presumption that rule of law continues unchanged Unless a change in law has clearly been made, the provisions of the revised Article 9 shall be deemed declaratory of the meaning of the old Article 9. Section 9. An Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, is hereby amended by striking Section 21 in its entirety and inserting in lieu thereof a new Section 21, to read as follows:

"GA1978.1.1140">

Section 21. Perfection of security interest in and lien against a vehicle (a) Except as provided in Code Section 109A-9-103, relating to accounts, contract rights, general intangibles and equipment governed by the laws of another jurisdiction and incoming goods already subject to a security interest, as now or hereafter amended, the security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees and the holders of security interests and liens on the vehicle by compliance with the provisions of this Act. (b) A security interest is perfected by delivery to the commissioner of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest, the date of his security interest and the required fee. It is perfected as of the time of its creation if the delivery is completed within 10 days thereafter; otherwise, as of the date of the delivery to the commissioner. When the security interest is perfected as provided in this subsection (b), it shall constitute notice to everybody of the security interest of the holder. (c) (1) If the holder of any lien, as defined in Section 2(k) (excepting the holder of a mechanic's lien, perfection for which is prescribed in Section 23), desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute under oath a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed, and the lienholder shall forward such notice and title application, together with the $1 fee either personally or by registered mail return receipt requested, to the person who has custody of the current certificate of title at the address shown on said certificate of title. If someone other than the owner is holding the certificate of title a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the registered mail receipt as proof of compliance with this Section. After receipt of the notice of lien as specified in this Section neither the owner nor any other person shall take any action affecting the title other than as provided in this Section. After receipt

"GA1978.1.1141">

of the notice of lien the person holding the certificate of title shall hold the notice of lien and attachments and the title for 10 days. If during the 10-day period following receipt of the notice the claimed lien is satisfied the lien claimant shall on the form prescribed by the commissioner notify the owner and person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien they shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given or if 10 days have elapsed without the lien being satisfied then the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner in order that the commissioner may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner and the person who has custody of the current certificate of title shall comply with the instructions contained in the notice and in the event he cannot do so he shall notify the lien claimant. The commissioner, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on his records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this Act. The lien shall be perfected at the time the lien notice, application for title, fee and current certificate of title are received by the commissioner. In the event that the person who has custody of the current certificate of title fails, refuses or neglects to forward the title application, notice, fee and current certificate of title to the commissioner as required herein, the lien claimant may, if his lien has not been satisfied, on a form prescribed by the commissioner, make direct application to the commissioner. Such direct application to the commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and form to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner shall order the person who has custody of the current certificate of title to forward the certificate of title to him for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If after a direct application to the commissioner and after the order of the commissioner the person who has custody of the

"GA1978.1.1142">

current certificate of title continues to fail, refuse or neglect to forward the certificate of title as provided herein, the commissioner may cancel the current certificate of title and issue a duplicate certificate of title reflecting all security interest and liens, and this duplicate certificate of title shall be delivered as provided for in this Act. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is cancelled. Any security interest holder or lien-holder having custody of the certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this Section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner shall cancel the old certificate of title. (2) A lien perfected under the provisions of this Section shall be a lien only against the specific vehicle identified in the application for a new certificate. (3) A lien on a vehicle for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interest and liens only by compliance with this Section. (4) Any lien which was perfected prior to the effective date of this Act shall remain perfected as of its original date if the lienholder refiles his lien and perfects it as provided by this Act within three months after the effective date of this Act; otherwise, such liens shall not continue perfected in this State. (5) The procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected. (d) If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute under oath a title application and a notice of the second or subsequent security interest, and the holder of the security

"GA1978.1.1143">

interest shall forward such notice and title application, together with a $1 filing fee, by registered mail return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing him within 10 days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner in order that the commissioner may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner, upon receipt of a properly executed application notice, fee, and the original certificate of title, shall enter the subsequent security interest on his records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this Act. If the holder of the subsequent security interest forwards by registered mail the title application, notice of the subsequent security interest, and fee to the first security interest holder or lienholder who has custody of the certificate of title within 10 days of the execution of that subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lien-holder holding the certificate of title. The subsequent security interest holder shall retain the return registered mail receipt as proof of his perfection under this Section. In the event the first security interest holder or lienholder holding the certificate of title fails, refuses or neglects to forward the title application notice, fee and original certificate of title to the commissioner as required herein, the holder of the subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner. Such direct application to the commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and form to the first security interest holder or lienholder. Upon receipt of such a direct application the commissioner shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to him for the purpose of having the subsequent security interest entered and a new certificate of title issued. If after a direct application to the commissioner and the order of the commissioner the first security interest holder or lienholder continues to fail, refuse or neglect to forward the certificate of title as provided

"GA1978.1.1144">

herein, the commissioner may cancel the outstanding certificate of title and issue duplicate certificate of title reflecting all security interests and liens, including the subsequent security interest, and this duplicate certificate of title shall be delivered as provided for in this Act. Any first security interest holder or lienholder having possession of the certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this Section. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1978. FIDELITY BONDS COVERING STATE OFFICIALS. Code Section 40-1902 Amended. No. 1121 (House Bill No. 791). AN ACT To amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 672), so as to provide that fidelity bonds procured by the Commissioner shall include statutory bonds of State officials; to provide that fidelity bonds procured by the Commissioner shall satisfy any statutory bonding requirement of State officers, officials or employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 672), is hereby amended by striking subsection H in its entirety and inserting in lieu thereof a new subsection H, to read as follows:

"GA1978.1.1145">

H. To procure all fidelity bonds covering State officials and employees required by law or administrative directive to give such bonds, and, in order to provide such bonds at a minimum expense to the State, such bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the State's retention as determined by the Commissioner. Fidelity bonds covering State officials and employees which are procured pursuant to this subsection shall expressly provide that all State officials and employees, who are required by law to be bonded, be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any State official, officer or employee, required by law or administrative directive to be specifically bonded, in a master fidelity bond under the terms of this Act, shall satisfy any statutory requirement that said official, officer or employee be bonded. Fidelity bonds procured pursuant to this subsection shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all State officials and employees for any liability or expense of any nature resulting from a claim on said State official's or employee's bonds which is due to or as a result of an Act of a subordinate of the State official or employee. In order to finance the continuing liability established with other agencies of State Government, the Commissioner is hereby authorized to retain all monies paid to the Department as premiums on policies of insurance, all monies received as interest and all monies received from other sources, to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly such insurance program. The Commissioner shall invest said monies in the same manner as other such monies in his possession. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1978.

"GA1978.1.1146">

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED. No. 1123 (House Bill No. 1443). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide for requirements for substitute teachers in the event certain teachers are unable to attend school; to provide for practices and procedures in connection with the use of substitutes for teachers; to provide for penalties and the withholding of funds 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 . An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by adding, following Section 55, a new Section 55A, to read as follows: Section 55A. As a condition for receiving funds under the provisions of this Act, it shall be the duty of each local unit of administration to employ and utilize the services of substitutes for teachers in grades one through seven who are absent for a period of 10 or more consecutive days, or who are likely to be absent for a period of 10 or more consecutive days, under the provisions of this Section. If a teacher who is assigned to teach students in grades one through seven is absent from school for a period of 10 or more consecutive days or if it appears to the principal of such school that a teacher will be absent for a period of 10 or more consecutive days, it shall be the duty of the local unit of administration to employ a substitute for such teacher who possesses a valid teaching certificate issued by the State Board of Education. If a person holding a valid teaching certificate is not available to serve as a substitute for a teacher who is absent, the local unit of administration is hereby authorized to employ a person as a substitute teacher provided that such person so employed shall be the person who most closely meets the requirements for certification as a teacher and who is available to serve as

"GA1978.1.1147">

a substitute. It shall be the duty of the State Board of Education to promulgate and adopt rules, regulations and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within the State of Georgia. In the event that any local unit of administration employs a substitute for a teacher in violation of the provisions of this Section, it shall be the duty of the State Board of Education to withhold from such local unit of administration a sum of State funds equal to 1/180 of the amount of State funds which would otherwise be payable to the local unit of administration on behalf of the teacher who is absent, multiplied by the number of days that such unqualified substitute is employed by the local unit of administration. The provisions of this Section shall not apply to the employment of substitutes for teachers of art, physical education or music. Nothing herein contained shall prevent the local board or local school superintendent from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students covered by this Act. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1978. COMPENSATION OF TAX COLLECTORS IN CERTAIN COUNTIES (4,000-4,575). Code Section 89-830 Amended. No. 1127 (House Bill No. 1724). AN ACT To amend Code Section 89-830, relating to the uncompleted duties of the outgoing tax collector and the liability of the tax collector and surety, so as to provide that in all counties of this State

"GA1978.1.1148">

having a population of not less than 4,000 nor more than 4,575, according to the United States Decennial Census of 1970 or any future such census, the person who served as tax collector of any such county during a period when taxes were not collected because of court action shall be entitled to certain commissions on such taxes when collected; 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. Code Section 89-830, relating to the uncompleted duties of the outgoing tax collector and the liability of the tax collector and surety, is hereby amended by adding at the end thereof the following paragraph: In all counties of this State having a population of not less than 4,000 nor more than 4,575, according to the United States Decennial Census of 1970 or any future such census, when the tax collector of any such county failed to collect taxes during any portion of his term of office because of court action temporarily prohibiting the collection of such taxes, the person who served as tax collector during such period shall be entitled to receive and retain one-half of the commissions on such taxes when collected as provided in this Code Section, notwithstanding the fact that such person was not holding the office of tax collector at the time such taxes were collected and notwithstanding the fact that the tax collector in office at the time such taxes were collected is on a salary system of compensation in lieu of fees and commissions. 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, 1978.

"GA1978.1.1149">

ACCIDENT AND SICKNESS INSURANCE POLICIES. Code Title 56 Amended. No. 1194 (Senate Bill No. 474). AN ACT To amend Code Title 56, relating to the Georgia Insurance Code, as amended, so as to require that certain accident and sickness insurance policies and plans provide coverage for dependents of the policyholder or insured who are students; to provide for other matters relative to the foregoing; to provide for application; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 56, relating to the Georgia Insurance Code, as amended, is hereby amended by adding at the end of subsection (3) of Code Section 56-3002, relating to scope and format of individual accident and sickness policies, immediately before the symbol, ;, the following: and except that, if a policy purports to insure a dependent child of the policyholder, the child shall continue to be insured to age 25 so long as the policy continues in effect, the child remains a dependent of the policyholder, and the child, in each calendar year since reaching the age specified in the policy for termination of benefits as a dependent of the policyholder, has been enrolled for five calendar months or more as a full-time student in a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury, so that when so amended Code Section 56-3002 shall read as follows:

"GA1978.1.1150">

56-3002. Scope and format of policy.No policy of accident and sickness insurance shall be delivered or issued for delivery in this State unless it meets the following requirements: (1) The entire money and other considerations therefor are expressed therein; (2) The time at which the insurance takes effect and terminates is expressed therein; (3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policyholder and except that, if a policy purports to insure a dependent child of the policyholder, the child shall continue to be insured to age 25 so long as the policy continues in effect, the child remains a dependent of the policyholder, and the child, in each calendar year since reaching the age specified in the policy for termination of benefits as a dependent of the policyholder, has been enrolled for five calendar months or more as a fulltime student in a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury; (4) The style, arrangement and overall appearance of the policy given no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than tenpoint with a lower case unspaced alphabet length not less than one hundred and twenty point (the `text' shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions), when a policy is renewable only at the option of the insurer, such fact shall be made known in prominent lettering on the face of the policy; (5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in Sections 56-3004

"GA1978.1.1151">

and 56-3005, are printed, at the insurer's option, either included with the benefit provisions to which they apply, or under an appropriate caption such as `exceptions', or `exceptions and reductions': Provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies; (6) Each such form, including riders and endorsements, shall be identified by a form number in the lower lefthand corner of the first page thereof; and (7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the Commissioner. Section 2. Said Code Title is further amended by striking Code Section 56-3102, relating to required provisions of group accident and sickness policies, in its entirety and substituting in lieu thereof a new Code Section 56-3102, to read as follows: 56-3102. Required provisions of group accident and sickness policies.Each group accident and sickness policy shall contain in substance the following provisions: (1) A provision that, in the absence of fraud, all statements made by the policyholder or by any insured person shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance shall avoid such insurance or reduce benefits unless contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to such policyholder or to such person or his beneficiary. (2) A provision that the insurer will furnish to the policyholder, for delivery to each employee or member of the insured group, an individual certificate setting forth in summary form a statement of the essential features of the insurance coverage of such employee or member and to whom benefits are payable. If dependents or family members are included in the coverage, additional certificates need not be issued for delivery to such dependents or family members.

"GA1978.1.1152">

(3) A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy. (4) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured to age 25 so long as the coverage of the member continues in effect, the child remains a dependent of the insured parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five calendar months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury. The provisions of this paragraph shall not apply to group policies under which an employer provides coverage for dependents of its employees and pays the entire cost of the coverage without any charge to any such employee or dependents. Section 3. Said Code Title is further amended by striking Code Section 56-3105, relating to required provisions of blanket accident and sickness insurance, in its entirety and substituting in lieu thereof a new Code Section 56-3105, to read as follows: 56-3105. Required provisions.Any insurance company authorized to write accident and sickness insurance in this State shall have the power to issue blanket accident and sickness insurance. No such blanket policy may be issued or delivered in this State unless a copy of the form thereof shall have been filed in accordance with Section 56-2410. Every such blanket policy shall contain provisions which in the opinion of the Commissioner are at least as favorable to the policyholder and the individual insured as the following: (1) A provision that the policy and the application shall constitute the entire contract between the parties, and that all statements made by the policyholder shall, in absence of fraud, be deemed representations and not warranties, and that no such statements shall be used in defense to a claim under the policy, unless it is contained in a written application.

"GA1978.1.1153">

(2) A provision that written notice of sickness or of injury must be given to the insurer within twenty (20) days after the date when such sickness or injury occurred. Failure to give notice within such time shall not invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible. (3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of fifteen (15) days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, character and extent of the loss for which claim is made. (4) A provision that in the case of claim for loss-of-time for disability, written proof of such loss must be furnished to the insurer within thirty (30) days after the commencement of the period for which the insurer is liable, and that subsequent written proofs of the continuance of such disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of claim for any other loss, written proof of such loss must be furnished to the insurer within ninety (90) days after the date of such loss. Failure to furnish such proof within such time shall not invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as was reasonably possible. (5) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss, and that, subject to due proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of thirty (30) days during the continuance of the period for which the insurer is liable, and that any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof. (6) A provision that the insurer at its own expense, shall have the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy in case of death where it is not prohibited by law.

"GA1978.1.1154">

(7) A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of the policy and that no such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished. (8) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured to age 25 so long as the coverage of the insured parent or guardian continues in effect, the child remains a dependent of the parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury. Section 4. The provisions of this Act shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation. Section 5. This Act shall not be construed so as to impair the obligation of any contract in existence prior to the effective date of this Act. Section 6. This Act shall become effective January 1, 1979. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1978.

"GA1978.1.1155">

LICENSES FOR SALE OF ALCOHOLIC BEVERAGES IN BONA FIDE PRIVATE CLUBS. No. 1195 (House Bill No. 1304). AN ACT To provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term club for licensing purposes; to provide license fees equal to those required of public licensed places of business; to provide for the payment of local excise taxes; to provide for the collection of such taxes; to provide for all matters relative to the foregoing; to authorize the governing authority of any county or municipality to approve the sale of alcoholic beverages subject to an election to determine whether or not such sales shall be allowed; to provide for an election by petition to determine whether or not such sales shall be allowed; to provide that the governing authorities of the political subdivision concerned shall be authorized to conduct a special referendum election for the purpose of nullifying the previous elections at the expiration of two years from the date of the previous election; to provide for practices and procedures; to provide that the provisions of this Act are not severable; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any provisions of the law to the contrary notwithstanding, the Commissioner of Revenue is hereby authorized to issue alcoholic beverage licenses to bona fide private clubs, as defined herein, in any county or municipality within the State, and to promulgate regulations he deems necessary for the proper enforcement of the provisions of this Act after the approval of such authority by an election as provided in Section 6 hereof. Such licenses shall authorize the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only. Section 2. The term club shall mean a nonprofit association organized and existing under the laws of the State of Georgia, which has been in existence for a period of at least one (1) year prior to the filing of its application for a license hereunder, which has at least

"GA1978.1.1156">

seventy-five (75) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment, and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club. For the purposes of this Section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. Section 3. The license fees for a club, as herein defined, shall be the same fees as provided by law for the sale of alcoholic beverages in public licensed places of business, and in addition a prelicense investigation fee of one hundred dollars ($100.00) shall be required. Section 4. When any such license as herein provided is issued by the Commissioner of Revenue for the sale of distilled spirits by the drink, for consumption on the premises to a private club as herein defined, within the corporate limits of any municipality in this State, such municipalities are hereby authorized and directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of eighty cents ($.80) per wine gallon on spirituous liquors, excluding fortified wine and in the event such license is issued for such sales in the unincorporated areas of any county in this State, such counties are hereby authorized and directed to impose an excise tax in the same amount as herein provided for municipalities. Local excise taxes as herein provided shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits and the State Revenue Commissioner is hereby authorized to promulgate rules and regulations he deems necessary to carry out the provisions of this Section for the payment of such taxes. Such taxes shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing jurisdiction. An excise tax of not more than 3% may be imposed by municipalities or counties on the sale of mixed drinks where authorization results from approval of this Act.

"GA1978.1.1157">

Section 5. The Commissioner of Revenue is herewith authorized to promulgate such reasonable regulations as may be necessary and appropriate, consistent with this Act, to regulate the sale, possession and use of alcoholic beverages in private clubs in this State. Nothing herein shall be construed to limit the licensing and regulatory authority of any city or county of this State in which the sale of alcoholic beverages in public licensed places of business may be authorized as otherwise provided by law. In addition, any city or county is hereby authorized to license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of any such city or county. Section 6. (a) The governing authority of any county or municipality may, in its discretion, direct the judge of the probate court, in the case of a county, or the mayor of any municipality, in the case of a municipality, to issue the call for an election to determine if the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. The judge of the probate court or mayor shall call a special election at least thirty (30) days prior to the date of such election and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. Such county election shall be held according to the rules and regulations governing special elections contained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon: [] YES [] NO Shall alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, be allowed in private clubs?

"GA1978.1.1158">

Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote Yes. Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote No. If at such election a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. The local governmental authority must approve any license within its jurisdiction before issue of such license. (b) Upon a petition signed by at least twenty-five percent (25%) of the registered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the judge of the probate court of any county, in the case of a county, or with the mayor of any municipality, in the case of a municipality, such judge of probate court or mayor shall call a special election at least thirty (30) days prior to the date of such election and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. The purpose of said election provided for herein shall be to determine whether or not the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. Such county election shall be held according to the rules and regulations governing special elections contained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon:

"GA1978.1.1159">

[] YES [] NO Shall alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, be allowed in private clubs? Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote Yes. Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote No. If at such election a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. In any county or municipality which has at any time held an election in accordance with the provisions of this Act, resulting in the majority of the votes being cast in favor of the sale of alcoholic beverages in private clubs, the judge of the probate court of such county or the mayor of such municipality, upon a petition signed by at least twenty-five percent (25%) of the registered qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as hereinbefore provided in this Section, for the purpose of nullifying the previous election: however, no such election shall be called or had within two years after the date of the declaration of the result of the previous election had for such purpose under this Act. The local governmental authority must approve any license within its jurisdiction before issue of such license. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, the remainder of this Act shall be invalid and of no force and effect. The General Assembly hereby declares that it would not have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1160">

Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED. No. 1196 (House Bill No. 1499). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved February 12, 1963 (Ga. Laws 1963, p. 13), an Act approved March 5, 1976 (Ga. Laws 1976, p. 411), an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 987), so as to remove certain limitations on the exemption provided for sales of machinery used in tilling the soil or in animal husbandry; to exempt from the tax certain equipment and machinery utilized in cultivating certain farm crops; to exempt sales of tangible personal property and services to orphans' homes operated as nonprofit corporations from the taxes imposed by said Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved February 12, 1963 (Ga. Laws 1963, p. 13), an Act approved March 5, 1976 (Ga. Laws 1976, p. 411), an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 987), is hereby amended by striking from sub-subparagraph

"GA1978.1.1161">

(2) of subparagraph (o) of Paragraph 2 of subsection (C) of Section 3 thereof, the following: : Provided, The acquisition of such machinery results in a substantial increase in both the employment and the productive capacity of such farm unit, so that when so amended sub-subparagraph (2) of subparagraph (o) shall read as follows: (2) The sale of machinery which is used directly in tilling the soil or in animal husbandry when such machinery is incorporated, as additional machinery, for the first time into a presently existing farm unit engaged in tilling the soil or in animal husbandry in this State. Section 2 . Said Act is further amended by striking from sub-subparagraph (3) of subparagraph (o) of paragraph 2 of subsection (C) of Section 3 thereof, the following: to the extent that the normal productive capacity of such replacement machinery exceeds the normal productive capacity of the machinery replaced: Provided, the acquisition of such machinery results in a substantial increase in both the employment and the productive capacity of such farm unit, so that when so amended sub-subparagraph (3) of subparagraph (o) shall read as follows: (3) The sale of machinery which is used directly in tilling the soil or in animal husbandry when such machinery is bought to replace machinery in a presently existing farm unit engaged in tilling the soil or in animal husbandry in this State. Section 3 . Said Act is further amended by adding a new subparagraph at the end of paragraph 2 of subsection (c) of Section 3 thereof, to be designated subparagraph (aa), to read as follows: (aa) The sale, to persons engaged primarily in producing farm crops for sale, of machinery and equipment which is used exclusively for irrigation of farm crops including, but not limited to, fruit, vegetable, and nut crops.

"GA1978.1.1162">

Section 4 . Said Act is further amended by adding a new subparagraph at the end of Section 3(c)2, to be designated subparagraph (bb), to read as follows: (bb) Sales of tangible personal property and services to orphans' homes located in this State and operated as nonprofit corporations. Section 5 . This Act shall become effective April 1, 1978. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1978. DEVELOPMENT AUTHORITIES LAW AMENDED. No. 1197 (House Bill No. 1839). AN ACT To amend an Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, 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 legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, is hereby amended by deleting the following language at the end of subsection (e) of Section 1:

"GA1978.1.1163">

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. 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 . Said Act is further amended by adding immediately following paragraph (7) of subsection (e) two new paragraphs to be designated paragraphs (8) and (9) to read as follows: (8) 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: (A) sports facilities, including private training and related office and other facilities when authorized by the governing authority

"GA1978.1.1164">

of the political subdivision or municipality in which the facility is to be constructed and maintained; (B) convention or trade show facilities; (C) airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (D) facilities for the local furnishing of electric energy or gas; (E) facilities for the furnishing of water, if available on reasonable demand to members of the general public; and (F) facilities for lodging and for providing meals, provided that such facilities are acquired, constructed, improved or modified in connection with and adjacent to sports facilities acquired, constructed, improved or modified pursuant to subparagraph (A) above or convention or trade show facilities acquired, constructed, improved or modified pursuant to subparagraph (B) above. (9) 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 3 . If any provision of Section 1 or 2 of this Act is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect, it being the legislative intent that this Act as a whole would not have been adopted had any provision of Section 1 or 2 not been included. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1165">

Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1978. GENERAL APPROPRIATIONS ACT. No. 1198 (House Bill No. 1224). AN ACT To make and provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; 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, 1978, and ending June 30, 1979, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds, Anti-Recession Fiscal Assistance Funds and a revenue estimate of $2,290,000,000 for fiscal year 1979.

"GA1978.1.1166">

PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 8,575,000 1. Operations $ 8,175,000 Total Funds Budgeted $ 8,175,000 State Funds Budgeted $ 8,175,000 2. For Election Blanks and Other Election Expenses $ 400,000 Total Funds Budgeted $ 400,000 State Funds Budgeted $ 400,000 Budget Unit Object Classes: Operations $ 8, 175,000 Election Blanks and Other Election Expenses $ 400,000 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing

"GA1978.1.1167">

the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; 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; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors 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. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits $ 3,243,275 1. Operations $ 2,893,275 Total Funds Budgeted $ 2,893,275 State Funds Budgeted $ 2,893,275 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes: Operations $ 2,893,275 Tax Ratio Study $ 350,000 Passenger Carrying Motor Vehicles 22

"GA1978.1.1168">

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,449,880 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 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 $ 11,156,470 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 and such other salaries and expenses as may be authorized by law.

"GA1978.1.1169">

Provided, however, that none of the above appropriation shall be expended for the payment of travel, tuition and expenses to attend the National College of State Trial Judges. 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 of $25,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $17,000 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 $74,000 per annum for each judgeship created by law during the 1979 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $283,110 is designated and committed for the Prosecuting Attorneys' Council for operations and $51,360 is designated and committed for the Sentence Review Panel. Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,550,190 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,

"GA1978.1.1170">

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 $ 522,000 Total Funds Budgeted $ 1,106,626 State Funds Budgeted $ 522,000 For the cost of operating the Administrative Offices of the Court. Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 120,000 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 $ 56,652 For the cost of operating the Judicial Qualifications Commission. Section 9. Board of Court Reporting. Budget Unit: $ 8,400 For the cost of operating the Board of Court Reporting. Section 10. Council of Juvenile Court Judges. Budget Unit: $ 67,000

"GA1978.1.1171">

For the cost of operating the Council of Juvenile Court Judges. PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 27,393,083 $ 1. State Properties Commission Budget: $ Personal Services $ 142,500 Regular Operating Expenses $ 21,058 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 187,058 State Funds Budgeted $ 187,058 Total Positions Budgeted 9 2. Departmental Administration Budget: Personal Services $ 664,447 Regular Operating Expenses $ 42,839 Travel $ 7,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,800 Equipment Purchases $ 5,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 17,000 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 120,000 Direct Payments to Georgia Building Authority for Operations $ 1,500,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 3,211,286 State Funds Budgeted $ 3,211,286 Total Positions Budgeted 36 3. Fiscal Administration Budget: Personal Services $ 440,000 Regular Operating Expenses $ 25,330 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 3,075 Computer Charges $ 3,775,000 Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 4,262,605 State Funds Budgeted $ 4,262,605 Total Positions Budgeted 23 4. Self-Insurance Administration Budget: Personal Services $ 330,073 Regular Operating Expenses $ 8,493 Travel $ 33,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,825 Equipment Purchases $ 4,800 Computer Charges $ 500 Real Estate Rentals $ -0- Public Safety Officers Indemnity Fund $ -0- Telecommunications $ 10,250 Per Diem, Fees and Contracts $ -0- Workmen's Compensation $ 2,100,000 State Liability Self-Insurance Reserve $ -0- Unemployment Compensation Reserve $ 700,000 Total Funds Budgeted $ 3,190,341 State Funds Budgeted $ 3,135,886 Total Positions Budgeted 22 5. Procurement Administration Budget: Personal Services $ 841,980 Regular Operating Expenses $ 62,500 Travel $ 5,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,500 Equipment Purchases $ 3,700 Computer Charges $ 97,000 Real Estate Rentals $ -0- Telecommunications $ 34,200 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,071,680 State Funds Budgeted $ 1,071,680 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 165,000 Regular Operating Expenses $ 75,710 Travel $ 750 Motor Vehicle Equipment Purchases $ 5,200 Publications and Printing $ 100 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 254,760 State Funds Budgeted $ 129,241 Total Positions Budgeted 14 7. Property Management Administration Budget: Personal Services $ 247,500 Regular Operating Expenses $ 20,680 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 250 Computer Charges $ 21,960 Real Estate Rentals $ 20,029 Telecommunications $ 7,200 Per Diem, Fees and Contracts $ 1,450 Total Funds Budgeted $ 323,969 State Funds Budgeted $ 323,969 Total Positions Budgeted 16 8. Data Processing Services Budget: Personal Services $ 10,291,897 Regular Operating Expenses $ 1,199,060 Travel $ 31,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,100 Equipment Purchases $ 103,600 Computer Charges $ 215,000 Rents and Maintenance Expense $ 10,325,000 Real Estate Rentals $ 192,300 Telecommunications $ 253,000 Per Diem, Fees and Contracts $ 1,400,000 Total Funds Budgeted $ 24,028,457 State Funds Budgeted $ 10,000,000 Total Positions Budgeted 694 9. Motor Pool Services Budget: Personal Services $ 323,200 Regular Operating Expenses $ 617,300 Travel $ 900 Motor Vehicle Equipment Purchases $ 248,560 Publications and Printing $ 1,550 Equipment Purchases $ 5,075 Computer Charges $ 1,500 Real Estate Rentals $ 720 Telecommunications $ 5,300 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,204,105 State Funds Budgeted $ -0- Total Positions Budgeted 29 10. Communication Services Budget: Personal Services $ 1,617,200 Regular Operating Expenses $ 300,230 Travel $ 8,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 42,000 Equipment Purchases $ 13,200 Computer Charges $ 76,000 Real Estate Rentals $ 37,400 Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 15,500 Telephone Billings $ 14,891,000 Total Funds Budgeted $ 17,002,830 State Funds Budgeted $ 5,000,000 Total Positions Budgeted 107 11. Printing Services Budget: Personal Services $ 956,300 Regular Operating Expenses $ 1,127,614 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 800 Equipment Purchases $ 53,800 Computer Charges $ 5,250 Real Estate Rentals $ 66,050 Telecommunications $ 11,250 Per Diem, Fees and Contracts $ 630 Total Funds Budgeted $ 2,224,694 State Funds Budgeted $ -0- Total Positions Budgeted 77 12. Central Supply Services Budget: Personal Services $ 142,500 Regular Operating Expenses $ 1,805,070 Travel $ 400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,200 Equipment Purchases $ 2,215 Computer Charges $ -0- Real Estate Rentals $ 54,350 Telecommunications $ 4,500 Per Diem, Fees and Contracts $ 800 Total Funds Budgeted $ 2,012,035 State Funds Budgeted $ -0- Total Positions Budgeted 12 13. Volunteer Services Budget: Personal Services $ 46,000 Regular Operating Expenses $ 6,569 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 3,989 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 1,800 Per Diem, Fees and Contracts $ 3,800 Total Funds Budgeted $ 71,358 State Funds Budgeted $ 71,358 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 16,208,597 Regular Operating Expenses $ 5,312,453 Travel $ 105,050 Motor Vehicle Equipment Purchases $ 253,760 Publications and Printing $ 112,575 Equipment Purchases $ 205,004 Computer Charges $ 4,192,210 Real Estate Rentals $ 370,849 Telecommunications $ 361,500 Per Diem, Fees and Contracts $ 1,437,180 Rents and Maintenance Expense $ 10,325,000 Workmen's Compensation $ 2,100,000 Direct Payments to Georgia Building Authority for Operations $ 1,500,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 120,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 State Liability Self-Insurance Reserve $ -0- Telephone Billings $ 14,891,000 Public Safety Officers Indemnity Fund $ -0- Unemployment Compensation Reserve $ 700,000 Total Positions Budgeted 1,095 Passenger Carrying Motor Vehicles 334 It is the intent of this General Assembly that otherwise unencumbered funds in the Public Safety Officers Indemnity Reserve on June 30, 1978, be utilized in Fiscal Year 1979 for the purposes authorized in S. B. 36 of the 1978 Regular Session. B. Budget Unit: Georgia Building Authority $ -0- 1. Georgia Building Authority Budget: Personal Services $ 5,689,687 Regular Operating Expenses $ 1,620,583 Travel $ 3,100 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 17,000 Equipment Purchases $ 79,093 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 45,000 Per Diem, Fees and Contracts $ 77,000 Capital Outlay $ 120,000 Authority Lease Rentals $ 1,398,663 Utilities $ 2,500,000 Facilities Renovations Repairs $ -0- Total Funds Budgeted $ 11,570,126 State Funds Budgeted $ -0- Total Positions Budgeted 403 Budget Unit Object Classes: Personal Services $ 5,689,687 Regular Operating Expenses $ 1,620,583 Travel $ 3,100 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 17,000 Equipment Purchases $ 79,093 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 45,000 Per Diem, Fees and Contracts $ 77,000 Capital Outlay $ 120,000 Authority Lease Rentals $ 1,398,663 Utilities $ 2,500,000 Facilities Renovations and Repairs $ -0- Total Positions Budgeted 403 Passenger Carrying Motor Vehicles 39

"GA1978.1.1178">

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs. Section 12. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 15,869,709 1. Plant Industry Budget: Personal Services $ 2,339,642 Regular Operating Expenses $ 188,808 Travel $ 115,000 Motor Vehicle Equipment Purchases $ 38,400 Publications and Printing $ 11,000 Equipment Purchases $ 45,800 Computer Charges $ -0- Real Estate Rentals $ 2,200 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 8,100 Total Funds Budgeted $ 2,775,950 State Funds Budgeted $ 2,610,950 Total Positions Budgeted 182 2. Animal Industry Budget: Personal Services $ 708,000 Regular Operating Expenses $ 101,430 Travel $ 31,500 Motor Vehicle Equipment Purchases $ 9,600 Publications and Printing $ 4,000 Equipment Purchases $ 4,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,000 Per Diem, Fees and Contracts $ -0- Athens Veterinary Laboratory Contract $ 289,658 Tifton Veterinary Laboratory Contract $ 479,820 Poultry Improvement Contract $ 697,000 Veterinary Fees $ 375,000 Research Contract with Georgia Institute of Technology $ 220,000 Contract with University of Georgia to Study Avian Disease $ 265,000 Indemnities $ 150,000 Total Funds Budgeted $ 3,355,508 State Funds Budgeted $ 3,235,508 Total Positions Budgeted $ 49 3. Marketing Budget: Personal Services $ 638,000 Regular Operating Expenses $ 105,100 Travel $ 68,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,400 Equipment Purchases $ 4,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 16,700 Authority Lease Rentals $ 195,000 Total Funds Budgeted $ 1,048,900 State Funds Budgeted $ 1,048,900 Total Positions Budgeted 39 4. Major Markets Budget: Personal Services $ 1,229,000 Regular Operating Expenses $ 500,880 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 4,800 Publications and Printing $ 27,800 Equipment Purchases $ 17,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 23,100 Per Diem, Fees and Contracts $ 21,000 Total Funds Budgeted $ 1,837,380 State Funds Budgeted $ 478,160 Total Positions Budgeted 118 5. General Agricultural Field Forces Budget: Personal Services $ 1,457,000 Regular Operating Expenses $ 66,700 Travel $ 150,000 Motor Vehicle Equipment Purchases $ 9,600 Publications and Printing $ 500 Equipment Purchases $ 750 Computer Charges $ -0- Real Estate Rentals $ 3,300 Telecommunications $ 15,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,703,350 State Funds Budgeted $ 1,703,350 Total Positions Budgeted 125 6. Internal Administration Budget: Personal Services $ 820,000 Regular Operating Expenses $ 88,350 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 19,200 Publications and Printing $ 5,000 Equipment Purchases $ 2,000 Computer Charges $ 87,156 Real Estate Rentals $ -0- Telecommunications $ 36,700 Per Diem, Fees and Contracts $ 20,750 Advertising Contract $ 35,000 Total Funds Budgeted $ 1,129,156 State Funds Budgeted $ 1,129,156 Total Positions Budgeted 55 7. Information and Education Budget: Personal Services $ 128,000 Regular Operating Expenses $ 214,660 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 271,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 619,660 State Funds Budgeted $ 619,660 Total Positions Budgeted 11 8. Fuel and Measures Standards Budget: Personal Services $ 804,000 Regular Operating Expenses $ 134,060 Travel $ 66,000 Motor Vehicle Equipment Purchases $ 89,000 Publications and Printing $ 1,500 Equipment Purchases $ 21,550 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,129,110 State Funds Budgeted $ 1,123,110 Total Positions Budgeted 66 9. Consumer Protection Budget: Personal Services $ 592,000 Regular Operating Expenses $ 50,920 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 14,400 Publications and Printing $ 3,500 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,200 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 685,020 State Funds Budgeted $ 685,020 Total Positions Budgeted 37 10. Consumer Protection Field Forces Budget: Personal Services $ 1,709,000 Regular Operating Expenses $ 71,800 Travel $ 102,000 Motor Vehicle Equipment Purchases $ 33,600 Publications and Printing $ 550 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 7,500 Telecommunications $ 19,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,944,450 State Funds Budgeted $ 1,619,450 Total Positions Budgeted 121 11. Meat Inspection Budget: Personal Services $ 2,000,000 Regular Operating Expenses $ 38,560 Travel $ 156,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 735 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 75,150 Total Funds Budgeted $ 2,285,945 State Funds Budgeted $ 932,945 Total Positions Budgeted 149 12. Fire Ant Control Budget: Personal Services $ 80,000 Regular Operating Expenses $ -0- Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Purchase of Bait and Airplane Contracts $ 405,000 Total Funds Budgeted $ 500,000 State Funds Budgeted $ 500,000 Total Positions Budgeted 0 13. Georgia Agrirama Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations $ 183,500 Total Funds Budgeted $ 183,500 State Funds Budgeted $ 183,500 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 12,504,642 Regular Operating Expenses $ 1,561,268 Travel $ 746,500 Motor Vehicle Equipment Purchases $ 218,600 Publications and Printing $ 329,750 Equipment Purchases $ 99,835 Computer Charges $ 87,156 Real Estate Rentals $ 13,000 Telecommunications $ 199,500 Per Diem, Fees and Contracts $ 142,700 Purchase of Bait and Airplane Contracts $ 405,000 Athens Veterinary Laboratory Contract $ 289,658 Tifton Veterinary Laboratory Contract $ 479,820 Poultry Improvement Contract $ 697,000 Veterinary Fees $ 375,000 Research Contract with Georgia Institute of Technology $ 220,000 Contract with University of Georgia to Study Avian Disease $ 265,000 Indemnities $ 150,000 Advertising Contract $ 35,000 Authority Lease Rentals $ 195,000 Direct Payments to Georgia Agrirama Development Authority for Operations $ 183,500 Total Positions Budgeted 952 Passenger Carrying Motor Vehicles 197 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 appropriation, up to $50,000 may be used (unmatched) for a study of alternate methods of fire ant eradication, with emphasis on genetic research. Provided, that of the above appropriation, up to $100,000 may be used to match Federal funds for a joint project to develop a pesticide for fire ant control. Provided, that of the above appropriation relative to Contract with University of Georgia to Study Avian Disease, $15,000 is designated and committed to study the effect of aflatoxicosis on quail and other game birds. B. Budget Unit: Georgia Agrirama Development Authority $ -0- 1. Georgia Agrirama Development Authority Budget: Personal Services $ 361,277 Regular Operating Expenses $ 69,850 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 2,090 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 11,660 Total Funds Budgeted $ 462,877 State Funds Budgeted $ -0- Total Positions Budgeted 48 Budget Unit Object Classes: Personal Services $ 361,277 Regular Operating Expenses $ 69,850 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 2,090 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 11,660 Total Positions Budgeted 48 Passenger Carrying Motor Vehicles 4

"GA1978.1.1185">

Section 13. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 2,130,840 1. Administration Budget: $ Personal Services $ 462,890 Regular Operating Expenses $ 37,640 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 6,000 Computer Charges $ 7,100 Real Estate Rentals $ 37,150 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 582,280 State Funds Budgeted $ 582,280 Total Positions Budgeted 25 2. Examination Budget: Personal Services $ 1,212,000 Regular Operating Expenses $ 16,000 Travel $ 279,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 35,000 Total Funds Budgeted $ 1,548,560 State Funds Budgeted $ 1,548,560 Total Positions Budgeted 67 Budget Unit Object Classes: Personal Services $ 1,674,890 Regular Operating Expenses $ 53,640 Travel $ 288,560 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 12,000 Computer Charges $ 7,100 Real Estate Rentals $ 37,150 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 35,500 Total Positions Budgeted 92 Passenger Carrying Motor Vehicles 1

"GA1978.1.1186">

Section 14. Department of Community Affairs. A. Budget Unit: Department of Community Affairs $ 2,275,559 1. Executive Office and Administrative Support: Personal Services $ 412,685 Regular Operating Expenses $ 32,258 Travel $ 21,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,600 Equipment Purchases $ 3,700 Computer Charges $ -0- Real Estate Rentals $ 37,950 Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 44,680 Total Funds Budgeted $ 560,473 State Funds Budgeted $ 495,473 Total Positions Budgeted 24 2. Area Development: Personal Services $ 300,000 Regular Operating Expenses $ 8,000 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,400 Equipment Purchases $ 330 Computer Charges $ 5,000 Real Estate Rentals $ 6,000 Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 600 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 750,000 Total Funds Budgeted $ 2,441,330 State Funds Budgeted $ 1,549,289 Total Positions Budgeted 15 3. Local Development: Personal Services $ 370,948 Regular Operating Expenses $ 10,014 Travel $ 29,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,200 Equipment Purchases $ -0- Computer Charges $ 1,500 Real Estate Rentals $ -0- Telecommunications $ 10,820 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 429,282 State Funds Budgeted $ 230,797 Total Positions Budgeted 19 Budget Unit Object Classes: Personal Services $ 1,083,633 Regular Operating Expenses $ 50,272 Travel $ 60,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,200 Equipment Purchases $ 4,030 Computer Charges $ 6,500 Real Estate Rentals $ 43,950 Telecommunications $ 23,820 Per Diem, Fees and Contracts $ 45,780 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 750,000 Total Positions Budgeted 58 Passenger Carrying Motor Vehicles 1 B. Budget Unit: State Building Administrative Board $ 91,500 State Building Administrative Board Budget: Personal Services $ 76,000 Regular Operating Expenses $ 2,000 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 1,500 Per Diem, Fees and Contracts $ 3,500 Total Funds Budgeted $ 94,000 State Funds Budgeted $ 91,500 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 76,000 Regular Operating Expenses $ 2,000 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 1,500 Per Diem, Fees and Contracts $ 3,500 Total Positions Budgeted 5 Passenger Carrying Motor Vehicles 0 C. Budget Unit: Indian Affairs Commission $ 67,487 Indian Affairs Commission Budget: Personal Services $ 66,521 Regular Operating Expenses $ 2,315 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ 4,182 Telecommunications $ 2,200 Per Diem, Fees and Contracts $ 9,818 Total Funds Budgeted $ 89,536 State Funds Budgeted $ 67,487 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 66,521 Regular Operating Expenses $ 2,315 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ 4,182 Telecommunications $ 2,200 Per Diem, Fees and Contracts $ 9,818 Total Positions Budgeted 4 Passenger Carrying Motor Vehicles 0 D. Budget Unit: State Crime Commission $ 592,665 1. State Crime Commission Planning and Grant Administration Budget: Personal Services $ 598,189 Regular Operating Expenses $ 33,048 Travel $ 21,116 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,125 Equipment Purchases $ -0- Computer Charges $ 3,345 Real Estate Rentals $ 37,220 Telecommunications $ 18,500 Per Diem, Fees and Contracts $ 17,922 Total Funds Budgeted $ 747,465 State Funds Budgeted $ 79,665 Total Positions Budgeted 31 2. LEAA Grants Budget: LEAA Juvenile Justice $ 1,500,000 LEAA Action Local $ 3,750,000 LEAA Action State $ 2,725,000 LEAA State Buy-In $ 210,000 State Agency Matching Fund Reserve $ 303,000 LEAA Planning $ 378,000 Total Funds Budgeted $ 8,866,000 State Funds Budgeted $ 513,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 598,189 Regular Operating Expenses $ 33,048 Travel $ 21,116 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,125 Equipment Purchases $ -0- Computer Charges $ 3,345 Real Estate Rentals $ 37,220 Telecommunications $ 18,500 Per Diem, Fees and Contracts $ 17,922 LEAA Action Local $ 3,750,000 LEAA Action State $ 2,725,000 LEAA State Buy-In $ 210,000 State Agency Matching Fund Reserve $ 303,000 LEAA Planning $ 378,000 LEAA Juvenile Justice $ 1,500,000 Total Positions Budgeted 31 Passenger Carrying Motor Vehicles 4

"GA1978.1.1190">

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, further, that the State Crime Commission is authorized to reprogram surplus LEAA funds with prior approval by the Fiscal Affairs Subcommittees. Section 15. Office of Comptroller General . Budget Unit: Office of Comptroller General $ 3,685,861 1. Internal Administration Budget: $ Personal Services $ 327,630 Regular Operating Expenses $ 57,902 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,900 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ 5,000 Total Funds Budgeted $ 419,432 State Funds Budgeted $ 419,432 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services $ 615,500 Regular Operating Expenses $ 40,260 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,000 Equipment Purchases $ 1,248 Computer Charges $ 34,400 Real Estate Rentals $ -0- Telecommunications $ 23,500 Per Diem, Fees and Contracts $ 14,000 Total Funds Budgeted $ 762,908 State Funds Budgeted $ 762,908 Total Positions Budgeted 43 3. Industrial Loans Regulation Budget: Personal Services $ 255,700 Regular Operating Expenses $ 20,120 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 2,400 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 299,720 State Funds Budgeted $ 299,720 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 541,580 Regular Operating Expenses $ 29,260 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 3,850 Equipment Purchases $ 3,640 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 613,830 State Funds Budgeted $ 613,830 Total Positions Budgeted 43 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,423,000 Regular Operating Expenses $ 84,760 Travel $ 126,000 Motor Vehicle Equipment Purchases $ 72,000 Publications and Printing $ 13,711 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 25,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,749,971 State Funds Budgeted $ 1,589,971 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 3,163,410 Regular Operating Expenses $ 232,302 Travel $ 169,000 Motor Vehicle Equipment Purchases $ 81,000 Publications and Printing $ 53,861 Equipment Purchases $ 9,888 Computer Charges $ 34,400 Real Estate Rentals $ -0- Telecommunications $ 80,000 Per Diem, Fees and Contracts $ 22,000 Total Positions Budgeted 224 Passenger Carrying Motor Vehicles 57

"GA1978.1.1193">

Section 16. Department of Defense. Budget Unit: Department of Defense $ 1,916,929 1. Administration and Support of State Militia Budget: Personal Services $ 581,145 Regular Operating Expenses $ 72,644 Travel $ 5,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,500 Equipment Purchases $ 4,247 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 29,000 Per Diem, Fees and Contracts $ 10,000 Military Assistance to Safety and Traffic Grant $ 1,500 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 25,000 Total Funds Budgeted $ 770,286 State Funds Budgeted $ 770,286 Total Positions Budgeted 33 2. Civil Defense Budget: Personal Services $ 552,432 Regular Operating Expenses $ 57,100 Travel $ 20,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,250 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,700 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 669,182 State Funds Budgeted $ 344,992 Total Positions Budgeted 33 3. Construction and Facilities Maintenance Budget: Personal Services $ 106,000 Regular Operating Expenses $ 119,972 Travel $ 4,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 9,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 3,000 Grants to National Guard Units $ 277,500 Capital Outlay $ 14,100 Total Funds Budgeted $ 533,972 State Funds Budgeted $ 533,972 Total Positions Budgeted 8 4. Disaster Preparedness and Recovery Budget: Personal Services $ 145,595 Regular Operating Expenses $ 6,781 Travel $ 24,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 3,520 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 185,146 State Funds Budgeted $ -0- Total Positions Budgeted 9 5. Service Contracts Budget: Personal Services $ 1,425,398 Regular Operating Expenses $ 1,255,376 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 900 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,685,174 State Funds Budgeted $ 267,679 Total Positions Budgeted 117 Budget Unit Object Classes: Personal Services $ 2,810,570 Regular Operating Expenses $ 1,511,873 Travel $ 58,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,750 Equipment Purchases $ 13,247 Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 54,120 Per Diem, Fees and Contracts $ 28,000 Military Assistance to Safety and Traffic Grant $ 1,500 National Guard Units Grants $ 277,500 Georgia Military Institute Grant $ 16,000 Civil Air Patrol Contract $ 25,000 Capital Outlay $ 14,100 Total Positions Budgeted 200 Passenger Carrying Motor Vehicles 20

"GA1978.1.1195">

Section 17. Economic Development Council of Georgia. Budget Unit: Economic Development Council of Georgia $ 50,000 Departmental Operations Budget: $ Personal Services $ 36,000 Regular Operating Expenses $ 2,800 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 2,400 Telecommunications $ 3,200 Per Diem, Fees and Contracts $ 4,000 Total Funds Budgeted $ 50,000 State Funds Budgeted $ 50,000 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 36,000 Regular Operating Expenses $ 2,800 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 2,400 Telecommunications $ 3,200 Per Diem, Fees and Contracts $ 4,000 Total Positions Budgeted 2 Passenger Carrying Motor Vehicles 0

"GA1978.1.1196">

Section 18. State Board of Education - Department of Education. A. Budget Unit: Department of Education $ 877,699,256 1. Instructional Services Budget: $ Personal Services $ 2,561,896 Regular Operating Expenses $ 103,160 Travel $ 177,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 83,390 Equipment Purchases $ 3,410 Computer Charges $ -0- Real Estate Rentals $ 61,098 Telecommunications $ 83,280 Per Diem, Fees and Contracts $ 1,095,980 Total Funds Budgeted $ 4,169,914 State Funds Budgeted $ 2,739,418 Total Positions Budgeted 134 2. Governor's Honors Program Budget: Personal Services $ 222,614 Regular Operating Expenses $ 49,620 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 3,150 Telecommunications $ 4,800 Per Diem, Fees and Contracts $ 273,850 Total Funds Budgeted $ 563,534 State Funds Budgeted $ 563,534 Total Positions Budgeted 2 3. Vocational and Adult Education Budget: Personal Services $ 2,006,134 Regular Operating Expenses $ 158,810 Travel $ 162,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,450 Equipment Purchases $ 7,100 Computer Charges $ -0- Real Estate Rentals $ 17,200 Telecommunications $ 70,450 Per Diem, Fees and Contracts $ 1,619,884 Utilities $ 6,400 Total Funds Budgeted $ 4,080,828 State Funds Budgeted $ 1,237,661 Total Positions Budgeted 110 4. Media Services Budget: Personal Services $ 2,486,756 Regular Operating Expenses $ 1,549,610 Travel $ 59,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 124,200 Equipment Purchases $ 159,610 Computer Charges $ -0- Real Estate Rentals $ 5,050 Telecommunications $ 57,970 Per Diem, Fees and Contracts $ 209,190 Utilities $ 261,280 Capital Outlay $ 8,000 Total Funds Budgeted $ 4,921,166 State Funds Budgeted $ 4,285,149 Total Positions Budgeted 180 5. Public Library Services Budget: Personal Services $ 591,370 Regular Operating Expenses $ 265,551 Travel $ 18,011 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,600 Equipment Purchases $ 12,300 Computer Charges $ -0- Real Estate Rentals $ 67,830 Telecommunications $ 40,385 Per Diem, Fees and Contracts $ 44,050 Utilities $ 9,840 Total Funds Budgeted $ 1,058,937 State Funds Budgeted $ 682,824 Total Positions Budgeted 49 6. State Administration Budget: Personal Services $ 826,203 Regular Operating Expenses $ 77,635 Travel $ 35,575 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 20,300 Equipment Purchases $ 10,750 Computer Charges $ -0- Real Estate Rentals $ 14,361 Telecommunications $ 21,050 Per Diem, Fees and Contracts $ 255,760 Total Funds Budgeted $ 1,267,134 State Funds Budgeted $ 991,154 Total Positions Budgeted 38 7. Administrative Services Budget: Personal Services $ 3,755,965 Regular Operating Expenses $ 385,613 Travel $ 212,520 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 184,935 Equipment Purchases $ 13,980 Computer Charges $ 670,626 Real Estate Rentals $ 63,711 Telecommunications $ 90,329 Per Diem, Fees and Contracts $ 74,400 Utilities $ 25,060 Total Funds Budgeted $ 5,492,139 Indirect DOAS Services Funding $ 130,000 State Funds Budgeted $ 3,205,276 Total Positions Budgeted 244 8. Certification of Public School Personnel Budget: Personal Services $ 301,017 Regular Operating Expenses $ 17,880 Travel $ 1,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,760 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,180 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 335,237 State Funds Budgeted $ 324,832 Total Positions Budgeted 27 9. Local Programs Budget: Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,738,617 Direct Grants to School Systems for Capital Outlay Purposes $ 780,243 Authority Lease Rentals $ 333,204 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 387,480,674 Salaries of Instructional Personnel (Sec. 5) $ 54,281,703 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 17,326,043 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 48,875,690 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ -0- Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,744,763 Instructional Media (Sec. 13) $ 16,203,157 Instructional Equipment (Sec. 14) $ 658,521 Maintenance and Operation (Sec. 15) $ 68,863,415 Sick and Personal Leave (Sec. 16) $ 5,063,486 Travel (Sec. 17) $ 747,140 Pupil Transportation - Regular (Sec. 25) $ 39,327,867 Pupil Transportation - Special (Sec. 25) $ 3,692,196 Isolated Schools $ 177,059 Selective Pre-School Development $ 24,008,355 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families $ 64,854,814 Driver Education $ -0- Teacher Retirement $ 51,945,219 Instructional Services for the Handicapped $ 6,024,735 Preparation of Professional Personnel in Education of Handicapped Children $ 120,000 Educational Training Services for the Mentally Retarded $ 20,000 Tuition for the Multi-handicapped $ 622,000 Severely Emotionally Disturbed $ 6,071,115 Compensatory Education $ 12,746,747 Guidance, Counseling and Testing $ -0- School Library Resources and Other Materials $ 3,703,157 School Lunch $ 114,019,600 Supplementary Education Centers and Services $ 3,150,619 Staff Development $ 1,280,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 595,000 Cooperative Educational Service Agencies $ 2,556,720 Superintendents' Salaries $ 3,500,154 High School Program $ 17,916,906 Area Vocational-Technical Schools $ 34,569,023 Research and Development Utilization $ -0- Junior College Vocational Program $ 771,173 Quick Start Program $ 1,200,000 Comprehensive Employment and Training $ 2,724,107 Vocational Research and Curriculum $ -0- Adult Education $ 2,934,602 Salaries and Travel of Public Librarians $ 3,218,460 Public Library Materials $ 2,041,431 Talking Book Centers $ 496,000 Public Library Maintenance and Operation $ 1,817,508 Public Library Construction $ 1,250,000 Comprehensive Planning $ 520,000 Competency-Based High School Graduation Requirements $ 250,000 Vocational Special Disadvantaged $ 516,632 Instructional Aides $ 7,066,407 Teacher Health Insurance $ 13,250,000 Regional ITV Projects $ 100,000 Area Vocational Technical School Construction $ 242,000 Total Funds Budgeted $ 1,060,396,262 State Funds Budgeted $ 863,669,408 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 12,751,955 Regular Operating Expenses $ 2,607,879 Travel $ 670,406 Motor Vehicle Equipment Purchases $ 20,500 Publications and Printing $ 465,635 Equipment Purchases $ 209,150 Computer Charges $ 670,626 Real Estate Rentals $ 232,400 Telecommunications $ 376,444 Per Diem, Fees and Contracts $ 3,573,314 Utilities $ 302,580 Capital Outlay $ 8,000 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 387,480,674 Salaries of Instructional Personnel (Sec. 5) $ 54,281,703 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 17,326,043 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 48,875,690 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ -0- Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,744,763 Instructional Media (Sec. 13) $ 16,203,157 Instructional Equipment (Sec. 14) $ 658,521 Maintenance and Operation (Sec. 15) $ 68,863,415 Sick and Personal Leave (Sec. 16) $ 5,063,486 Travel (Sec. 17) $ 747,140 Pupil Transportation - Regular (Sec. 25) $ 39,327,867 Pupil Transportation - Special (Sec. 25) $ 3,692,196 Isolated Schools $ 177,059 Selective Pre-School Development $ 24,008,355 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families $ 64,854,814 Driver Education $ -0- Teacher Retirement $ 51,945,219 Instructional Services for the Handicapped $ 6,024,735 Preparation of Professional Personnel in Education of Handicapped Children $ 120,000 Educational Training Services for the Mentally Retarded $ 20,000 Tuition for the Multihandicapped $ 622,000 Severely Emotionally Disturbed $ 6,071,115 Compensatory Education $ 12,746,747 High School Program $ 17,916,906 Vocational Research and Curriculum $ -0- Adult Education $ 2,934,602 Area Vocational Technical Schools $ 34,569,023 Research and Development Utilization $ -0- Junior College Vocational Program $ 771,173 Quick Start Program $ 1,200,000 Comprehensive Employment and Training $ 2,724,107 Guidance, Counseling and Testing $ -0- School Library Resources and Other Materials $ 3,703,157 Salaries and Travel of Public Librarians $ 3,218,460 Public Library Materials $ 2,041,431 Talking Book Centers $ 496,000 Public Library Maintenance and Operation $ 1,817,508 Public Library Construction $ 1,250,000 School Lunch $ 114,019,600 Supplementary Education Centers and Services $ 3,150,619 Staff Development $ 1,280,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 595,000 Cooperative Educational Service Agencies $ 2,556,720 Superintendents' Salaries $ 3,500,154 Comprehensive Planning $ 520,000 Competency-Based High School Graduation Requirements $ 250,000 Vocational Special Disadvantaged $ 516,632 Instructional Aides $ 7,066,407 Teacher Health Insurance $ 13,250,000 Regional ITV Projects $ 100,000 Area Vocational Technical School Construction $ 242,000 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,738,617 Direct Grants to School Systems for Capital Outlay Purposes $ 780,243 Authority Lease Rentals $ 333,204 Total Positions Budgeted 784 Passenger Carrying Motor Vehicles 17 B. Budget Unit: Institutions $ 10,291,954 1. Georgia Academy for the Blind Budget: Personal Services $ 1,535,059 Regular Operating Expenses $ 182,184 Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,345 Equipment Purchases $ 28,880 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,059 Per Diem, Fees and Contracts $ 4,600 Utilities $ 115,000 Capital Outlay $ 12,000 Total Funds Budgeted $ 1,893,427 State Funds Budgeted $ 1,642,626 Total Positions Budgeted 152 2. Georgia School for the Deaf Budget: Personal Services $ 2,801,435 Regular Operating Expenses $ 643,874 Travel $ 6,320 Motor Vehicle Equipment Purchases $ 64,000 Publications and Printing $ -0- Equipment Purchases $ 40,911 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 4,000 Utilities $ 144,370 Capital Outlay $ 966,816 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 4,707,126 State Funds Budgeted $ 4,338,538 Total Positions Budgeted 272 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,028,000 Regular Operating Expenses $ 154,431 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 10,410 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,770 Per Diem, Fees and Contracts $ 42,800 Utilities $ 55,860 Capital Outlay $ -0- Total Funds Budgeted $ 1,308,771 State Funds Budgeted $ 1,187,098 Total Positions Budgeted 83 4. North Georgia Vocational-Technical School Budget: Personal Services $ 1,516,000 Regular Operating Expenses $ 404,008 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,250 Equipment Purchases $ 61,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 7,300 Per Diem, Fees and Contracts $ 9,200 Utilities $ 179,778 Capital Outlay $ 175,199 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 2,426,985 State Funds Budgeted $ 1,693,468 Total Positions Budgeted 103 5. South Georgia Vocational-Technical School Budget: Personal Services $ 1,296,000 Regular Operating Expenses $ 297,381 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,360 Equipment Purchases $ 54,195 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,150 Per Diem, Fees and Contracts $ 4,110 Utilities $ 160,000 Capital Outlay $ -0- Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 1,884,511 State Funds Budgeted $ 1,274,365 Total Positions Budgeted 97 6. State Schools Administration Budget: Personal Services $ 139,791 Regular Operating Expenses $ 2,440 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 900 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 1,400 Per Diem, Fees and Contracts $ 30,000 Utilities $ -0- Total Funds Budgeted $ 179,531 State Funds Budgeted $ 155,859 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 8,316,285 Regular Operating Expenses $ 1,684,318 Travel $ 44,120 Motor Vehicle Equipment Purchases $ 64,000 Publications and Printing $ 13,355 Equipment Purchases $ 195,396 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 51,679 Per Diem, Fees and Contracts $ 94,710 Utilities $ 655,008 Capital Outlay $ 1,154,015 Authority Lease Rentals $ 127,465 Total Positions Budgeted 713 Passenger Carrying Motor Vehicles 61

"GA1978.1.1207">

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, $12,746,747 is designated and committed for a compensatory education program for students in grades 2 through 6 and shall be used for remedial purposes only. Provided, further, that $10,246,747 of these

"GA1978.1.1208">

funds shall be distributed on a parity formula based on the total average daily attendance in grades 2 through 6 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. 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 1977-78 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 $8,579 for operational cost incurred

"GA1978.1.1209">

by continued units and $11,304 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 mini-buses transportation program for Special Education Students. Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973. Provided, that of 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

"GA1978.1.1210">

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, $1,250,000 is designated and committed for public library construction and renovation. Provided, that of the above appropriation relative to Travel (Section 32-617a of APEG), such funds shall be allocated to local systems based on 85 cents per student in average daily attendance. Provided, that of the above appropriation, funds allocated 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: 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

"GA1978.1.1211">

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 require a lesser percentage of construction cost for items which would otherwise be financed from maintenance and operation funds. 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 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 average daily attendance, surveyed projected growth, consolidation, 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, further, funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allocated teaching unit has been filled.

"GA1978.1.1212">

Provided, that of the above appropriation for Comprehensive High School Program, $541,800 is designated and committed for vocational equipment. Provided, that of the above appropriation for instructional aides, funds shall be allocated on the basis of a half-time aide for each State-allotted first grade teacher and $50 for the training of each such aide; provided, further, that such funds shall be used to serve first grade students (or ungraded primary students composed of grades 1 through 3); provided, further, in extenuating circumstances, with prior approval of the State Superintendent of Schools, such earnings may be used in grades 2 and 3. Provided, that of the above appropriation relative to the Educational Training Services for the Mentally Retarded Grant, $15,000 is designated and committed for the Bostwick Center in Bostwick, Georgia. Provided, that of the above appropriation relative to Direct Grants to School Systems for Capital Outlay Purposes, $100,000 is designated and committed for planning grants for consolidated schools in Baker, Mitchell, Quitman and Stewart counties, and $56,000 for the Polk County School System. It is the intent of this General Assembly that the additional Section 5 teaching personnel appropriated herein shall be allocated to all local units of administration on the basis of identified unserved exceptional student need. Need shall be determined by the number of children identified by local school districts as having met all requirements of State and Federal laws, rules and regulations for placement into classes for exceptional children. The fact that an eligible local unit of administration is currently meeting some portion of

"GA1978.1.1213">

its identified exceptional student needs via local supplemental funding shall not be a factor for consideration in the State Board of Education's allocation formula. Furthermore, the Section 5 teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated. Further, it is the intent of this General Assembly that the Special Education teaching personnel (Section 5) utilized in providing educational programs for intellectually gifted students in eligible local units of administration during FY 1978 shall not be diminished in FY 1979, unless there is clear indication that the student need for such a program in an eligible local unit of administration has declined. Provided, that of the above appropriation for $1,280,000 for Staff Development, $100,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools. It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Appropriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia. Provided, that of the above appropriation for High School Program, $40,000 is designated and committed for renovation of the high school in Lincoln County. Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System $ -0- 1. Employees' Retirement System Budget: Personal Services $ 430,000 Regular Operating Expenses $ 42,900 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,200 Computer Charges $ 133,603 Telecommunications $ 7,700 Per Diem, Fees and Contracts $ 325,000 Total Funds Budgeted $ 959,403 State Funds Budgeted $ -0- Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 430,000 Regular Operating Expenses $ 42,900 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,200 Computer Charges $ 133,603 Telecommunications $ 7,700 Per Diem, Fees and Contracts $ 325,000 Total Positions Budgeted 28 Passenger Carrying Motor Vehicles 1

"GA1978.1.1214">

Section 20. Office of Fair Employment Practices. Budget Unit: Office of Fair Employment Practices $ 196,309 Office of Fair Employment Practices Budget: Personal Services $ 189,323 Regular Operating Expenses $ 10,470 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ 4,350 Computer Charges $ -0- Real Estate Rentals $ 7,820 Telecommunications $ 2,750 Per Diem, Fees and Contracts $ 62,474 Total Funds Budgeted $ 290,287 State Funds Budgeted $ 196,309 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 189,323 Regular Operating Expenses $ 10,470 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ 4,350 Computer Charges $ -0- Real Estate Rentals $ 7,820 Telecommunications $ 2,750 Per Diem, Fees and Contracts $ 62,474 Total Positions Budgeted 11 Passenger Carrying Motor Vehicles 0

"GA1978.1.1215">

Section 21. Forest Research Council. Budget Unit: Forest Research Council $ 593,560 Forest Research Council Budget: Personal Services $ 111,200 Regular Operating Expenses $ 23,360 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 1,200 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,800 Per Diem, Fees and Contracts $ -0- Contractual Research $ 437,000 Total Funds Budgeted $ 602,560 State Funds Budgeted $ 593,560 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 111,200 Regular Operating Expenses $ 23,360 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 1,200 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,800 Per Diem, Fees and Contracts $ -0- Contractual Research $ 437,000 Total Positions Budgeted 6 Passenger Carrying Motor Vehicles 3

"GA1978.1.1216">

Section 22. Forestry Commission. Budget Unit: Forestry Commission $ 12,405,640 1. Reforestation Budget: Personal Services $ 515,600 Regular Operating Expenses $ 269,600 Travel $ 3,300 Motor Vehicle Equipment Purchases $ 39,700 Publications and Printing $ 900 Equipment Purchases $ 60,000 Computer Charges $ 8,253 Real Estate Rentals $ -0- Telecommunications $ 8,500 Per Diem, Fees and Contracts $ 41,045 Total Funds Budgeted $ 946,898 State Funds Budgeted $ 334,870 Total Positions Budgeted 30 2. Field Services Budget: Personal Services $ 10,057,887 Regular Operating Expenses $ 1,512,416 Travel $ 68,000 Motor Vehicle Equipment Purchases $ 1,227,494 Publications and Printing $ 17,600 Equipment Purchases $ 254,400 Computer Charges $ 20,400 Real Estate Rentals $ 1,760 Telecommunications $ 352,200 Per Diem, Fees and Contracts $ 450,803 Ware County Grant $ 60,000 Capital Outlay $ 185,500 Total Funds Budgeted $ 14,208,460 State Funds Budgeted $ 11,558,460 Total Positions Budgeted 810 3. General Administration and Support Budget: Personal Services $ 406,600 Regular Operating Expenses $ 74,000 Travel $ 11,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,600 Equipment Purchases $ 700 Computer Charges $ 52,010 Real Estate Rentals $ -0- Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 3,100 Total Funds Budgeted $ 570,310 State Funds Budgeted $ 512,310 Total Positions Budgeted 22 Budget Unit Object Classes: Personal Services $ 10,980,087 Regular Operating Expenses $ 1,856,016 Travel $ 82,600 Motor Vehicle Equipment Purchases $ 1,267,194 Publications and Printing $ 30,100 Equipment Purchases $ 315,100 Computer Charges $ 80,663 Real Estate Rentals $ 1,760 Telecommunications $ 371,700 Per Diem, Fees and Contracts $ 494,948 Ware County Grant $ 60,000 Capital Outlay $ 185,500 Total Positions Budgeted 862 Passenger Carrying Motor Vehicles 360

"GA1978.1.1217">

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

"GA1978.1.1218">

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. Provided, that of the above appropriation relating to Capital Outlay, $185,500 is designated and committed for construction or replacement of a cold storage facility, county offices, shops and truck sheds. Section 23. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 9,909,217 1. General Administration Budget: Personal Services $ 396,000 Regular Operating Expenses $ 29,925 Travel $ 5,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 27,000 Telecommunications $ 15,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 476,125 State Funds Budgeted $ 476,125 Total Positions Budgeted 25 2. Investigative Division Budget: Personal Services $ 3,553,600 Regular Operating Expenses $ 436,452 Travel $ 265,800 Motor Vehicle Equipment Purchases $ 227,100 Publications and Printing $ 24,800 Equipment Purchases $ 17,700 Computer Charges $ 3,000 Real Estate Rentals $ 72,000 Telecommunications $ 120,000 Per Diem, Fees and Contracts $ 30,000 Evidence Purchased $ 178,500 Total Funds Budgeted $ 4,928,952 State Funds Budgeted $ 4,512,952 Total Positions Budgeted 186 3. Crime Laboratory Budget: Personal Services $ 1,392,000 Regular Operating Expenses $ 246,000 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 3,300 Equipment Purchases $ 184,000 Computer Charges $ 192,200 Real Estate Rentals $ 25,000 Telecommunications $ 29,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,118,500 State Funds Budgeted $ 2,009,600 Total Positions Budgeted 79 4. Georgia Crime Information Center Budget: Personal Services $ 1,422,000 Regular Operating Expenses $ 124,245 Travel $ 9,500 Motor Vehicle Equipment Purchases $ 54,000 Publications and Printing $ 75,000 Equipment Purchases $ 1,700 Computer Charges $ 1,080,000 Real Estate Rentals $ 3,000 Telecommunications $ 279,900 Per Diem, Fees and Contracts $ 3,200 Total Funds Budgeted $ 3,052,545 State Funds Budgeted $ 2,910,540 Total Positions Budgeted 103 Budget Unit Object Classes: Personal Services $ 6,763,600 Regular Operating Expenses $ 836,622 Travel $ 298,000 Motor Vehicle Equipment Purchases $ 311,100 Publications and Printing $ 105,100 Equipment Purchases $ 203,400 Computer Charges $ 1,275,200 Real Estate Rentals $ 127,000 Telecommunications $ 444,400 Per Diem, Fees and Contracts $ 33,200 Evidence Purchased $ 178,500 Total Positions Budgeted 393 Passenger Carrying Motor Vehicles 224

"GA1978.1.1220">

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 24. Georgia Franchise Practices Commission. Budget Unit: Georgia Franchise Practices Commission $ 49,900 Georgia Franchise Practices Commission Budget: Personal Services $ 32,000 Regular Operating Expenses $ 5,720 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 250 Computer Charges $ -0- Real Estate Rentals $ 2,730 Telecommunications $ 1,700 Per Diem, Fees and Contracts $ 5,000 Total Funds Budgeted $ 49,900 State Funds Budgeted $ 49,900 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 32,000 Regular Operating Expenses $ 5,720 Travel $ 500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 250 Computer Charges $ -0- Real Estate Rentals $ 2,730 Telecommunications $ 1,700 Per Diem, Fees and Contracts $ 5,000 Total Positions Budgeted 2 Passenger Carrying Motor Vehicles 0

"GA1978.1.1221">

Section 25. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 660,000 Regular Operating Expenses $ 53,300 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,000 Computer Charges $ 31,600 Real Estate Rentals $ -0- Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 203,000 Total Funds Budgeted $ 985,500 State Funds Budgeted $ -0- Total Positions Budgeted 33 Budget Unit Object Classes: Personal Services $ 660,000 Regular Operating Expenses $ 53,300 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,000 Computer Charges $ 31,600 Real Estate Rentals $ -0- Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 203,000 Total Positions Budgeted 33 Passenger Carrying Motor Vehicles 0

"GA1978.1.1222">

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, 1979, 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. Section 26. Office of the Governor. A. Budget Unit: Governor's Office $ 3,271,904 1. Governor's Office Budget: Cost of Operations $ 1,154,904 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 77,000 Total Funds Budgeted $ 3,271,904 State Funds Budgeted $ 3,271,904 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. Budget Unit Object Classes: Cost of Operations $ 1,154,904 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 77,000 Passenger Carrying Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 3,935,148 1. General Administration and Support Budget: Personal Services $ 282,000 Regular Operating Expenses $ 21,800 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 7,000 Per Diem, Fees and Contracts $ 40,500 Payments to Regional Commissions $ 143,583 Total Funds Budgeted $ 533,883 State Funds Budgeted $ 533,883 Total Positions Budgeted 15 2. Council of the Arts Budget: Personal Services $ 89,000 Regular Operating Expenses $ 10,230 Travel $ 3,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 13,525 Telecommunications $ 5,300 Per Diem, Fees and Contracts $ 7,000 Art Grants $ 1,031,705 Total Funds Budgeted $ 1,163,960 State Funds Budgeted $ 710,700 Total Positions Budgeted 5 3. Educational Development Budget: Personal Services $ 200,278 Regular Operating Expenses $ 4,897 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,555 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 216,730 State Funds Budgeted $ 201,730 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services $ 157,300 Regular Operating Expenses $ 7,220 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,100 Per Diem, Fees and Contracts $ 800 Total Funds Budgeted $ 186,920 State Funds Budgeted $ 186,920 Total Positions Budgeted 8 5. Management Review Budget: Personal Services $ 432,115 Regular Operating Expenses $ 17,998 Travel $ 7,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 2,144 Computer Charges $ 15,000 Real Estate Rentals $ -0- Telecommunications $ 5,950 Per Diem, Fees and Contracts $ 1,300 Total Funds Budgeted $ 482,107 State Funds Budgeted $ 436,828 Total Positions Budgeted 22 6. Human Development Budget: Personal Services $ 224,000 Regular Operating Expenses $ 7,212 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,950 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 241,662 State Funds Budgeted $ 221,662 Total Positions Budgeted 10 7. Office of Consumer Affairs: Personal Services $ 731,040 Regular Operating Expenses $ 52,552 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 2,325 Computer Charges $ 18,000 Real Estate Rentals $ 50,525 Telecommunications $ 102,533 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $ 996,975 State Funds Budgeted $ 718,047 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services $ 198,942 Regular Operating Expenses $ 13,899 Travel $ 13,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,000 Equipment Purchases $ 700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ 76,600 Total Funds Budgeted $ 327,741 State Funds Budgeted $ 183,000 Total Positions Budgeted 12 9. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 87,000 Regular Operating Expenses $ 5,760 Travel $ 3,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ 1,280 Computer Charges $ 5,000 Real Estate Rentals $ 7,000 Telecommunications $ 2,900 Per Diem, Fees and Contracts $ 11,650 Total Funds Budgeted $ 128,240 State Funds Budgeted $ 52,060 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 68,000 Regular Operating Expenses $ 2,230 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,100 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 76,330 State Funds Budgeted $ 76,330 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services $ 541,000 Regular Operating Expenses $ 14,360 Travel $ 39,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 4,000 Computer Charges $ 10,000 Real Estate Rentals $ -0- Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 69,000 Total Funds Budgeted $ 701,360 State Funds Budgeted $ 263,360 Total Positions Budgeted 28 12. General Government and Protection of Persons and Property Budget: Personal Services $ 268,949 Regular Operating Expenses $ 6,269 Travel $ 7,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,750 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 288,168 State Funds Budgeted $ 263,168 Total Positions Budgeted 12 13. Consumer's Utility Counsel Budget: Personal Services $ 205,260 Regular Operating Expenses $ 15,100 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 600 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 8,000 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 255,460 State Funds Budgeted $ 87,460 Total Positions Budgeted 13 Budget Unit Object Classes: Personal Services $ 3,484,884 Regular Operating Expenses $ 179,527 Travel $ 136,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 72,900 Equipment Purchases $ 18,349 Computer Charges $ 48,000 Real Estate Rentals $ 79,050 Telecommunications $ 175,138 Per Diem, Fees and Contracts $ 229,850 Art Grants $ 1,031,705 Payments to Regional Commissions $ 143,583 Total Positions Budgeted 191 Passenger Carrying Motor Vehicles 0

"GA1978.1.1228">

Section 27. 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.

"GA1978.1.1229">

Section 28. Department of Human Resources. A. Budget Unit: Departmental Operations $ 128,925,508 1. General Administration and Support Budget: Personal Services $ 5,561,160 Regular Operating Expenses $ 623,555 Travel $ 142,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,155 Equipment Purchases $ 4,990 Computer Charges $ 1,200,000 Real Estate Rentals $ 122,915 Telecommunications $ 261,400 Per Diem, Fees and Contracts $ 311,980 Utilities $ 50,500 Postage $ 428,600 Institutional Repairs and Maintenance $ 500,000 Capital Outlay $ -0- Total Funds Budgeted $ 9,253,655 Indirect DOAS Services Funding $ 1,190,000 Agency Funds $ 3,897,973 State Funds Budgeted $ 4,165,682 Total Positions Budgeted 367 Passenger Carrying Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 500,715 $ 500,715 20 Volunteer Services $ 304,880 $ 304,880 15 District Programs - Director's Office $ 312,130 $ 312,130 14 Planning and Evaluation $ 452,563 $ 452,563 24 Child Support Recovery $ 1,141,330 $ 285,333 69 Contract Management $ 102,809 $ 102,809 5 Public Relations and Information $ 259,105 $ 259,105 14 Regional Building Maintenance $ 47,400 $ 47,400 0 Special Administrative Services $ 558,625 $ 558,625 32 Administrative Policy, Coordination and Direction $ 281,679 $ 281,679 10 Personel $ 1,530,860 $ 1,490,260 83 Administrative Support Services $ 1,662,644 $ 1,447,644 64 Systems Planning, Development and Training $ 239,800 $ 239,800 12 Electronic Data Processing, Planning and Coordination $ 1,250,000 $ 50,000 0 Facilities Management $ 609,115 $ 609,115 5 Indirect Cost $ -0- $ (2,776,376) 0 Undistributed $ -0- $ -0- 0 Total $ 9,253,655 $ 4,165,682 367

"GA1978.1.1231">

2. Financial Management Budget: Personal Services $ 3,117,600 Regular Operating Expenses $ 97,920 Travel $ 107,470 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 17,055 Computer Charges $ -0- Real Estate Rentals $ 43,740 Telecommunications $ 800 Per Diem, Fees and Contracts $ 126,000 Utilities $ -0- Postage $ -0- Total Funds Budgeted $ 3,514,585 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,448,624 State Funds Budgeted $ 2,065,961 Total Positions Budgeted 216 Passenger Carrying Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 468,955 $ 468,955 23 Accounting Services $ 1,727,630 $ 1,727,630 132 Auditing Services $ 1,318,000 $ 1,293,000 61 Indirect Cost $ -0- $ (1,423,624) 0 Undistributed $ -0- $ -0- 0 Total $ 3,514,585 $ 2,065,961 216

"GA1978.1.1232">

3. Special Programs: Personal Services $ 3,565,625 Regular Operating Expenses $ 103,845 Travel $ 194,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,480 Equipment Purchases $ 9,350 Computer Charges $ -0- Real Estate Rentals $ 214,185 Telecommunications $ 53,265 Per Diem, Fees and Contracts $ 3,349,090 Utilities $ 800 Postage $ 4,400 Grant to Parent-Child Center $ 11,000 Total Funds Budgeted $ 7,529,240 Indirect DOAS Services Funding $ -0- Agency Funds $ 5,515,828 State Funds Budgeted $ 2,013,412 Total Positions Budgeted 225 Passenger Carrying Motor Vehicles 4 Special Programs Functional Budgets Total Funds State Funds Pos. Office of Regulatory Management $ 2,828,835 $ 1,258,085 155 State Economic Opportunity Office $ 3,287,365 $ 109,513 17 Mental Health/Mental Retardation Advisory Council $ 62,950 $ 62,950 2 Council on Family Planning $ 88,155 $ 8,816 5 Council on Aging $ 57,580 $ 57,580 3 Special Projects $ 111,000 $ 111,000 0 Developmental Disabilities $ 194,440 $ -0- 4 Councial on Maternal and Infant Health $ 103,800 $ 103,800 5 Appalachian Health and Child Development $ 256,730 $ 64,183 11 State Health Planning and Development Agency $ 538,385 $ 237,485 23 Undistributed $ -0- $ -0- 0 Total $ 7,529,240 $ 2,013,412 225

"GA1978.1.1233">

4. Physical Health - Program Direction and Support Budget: Personal Services $ 1,564,960 Regular Operating Expenses $ 112,050 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,700 Equipment Purchases $ 2,130 Computer Charges $ -0- Real Estate Rentals $ 11,800 Telecommunications $ 175,000 Per Diem, Fees and Contracts $ 40,360 Utilities $ -0- Postage $ 5,000 Total Funds Budgeted $ 2,018,000 Indirect DOAS Services Funding $ 175,000 Agency Funds $ 335,000 State Funds Budgeted $ 1,508,000 Total Positions Budgeted 108 Passenger Carrying Motor Vehicles 1

"GA1978.1.1234">

Physical Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 408,380 $ 233,380 7 Employee's Health $ 215,810 $ 132,810 10 Office of Professional Services $ 408,410 $ 235,610 20 Health Program Management $ 155,600 $ 145,400 10 Vital Records $ 605,980 $ 605,980 48 Health Services Research $ 223,820 $ 154,820 13 Undistributed $ -0- $ -0- 0 Total $ 2,018,000 $ 1,508,000 108 5. Physical Health - Family Health Budget: Personal Services $ 3,291,615 Regular Operating Expenses $ 1,040,850 Travel $ 108,950 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 95,600 Equipment Purchases $ 10,335 Computer Charges $ 140,000 Real Estate Rentals $ 260,475 Telecommunications $ 49,300 Per Diem, Fees and Contracts $ 5,169,700 Utilities $ -0- Postage $ 10,390 Regional Grants for Prenatal and Postnatal Care Programs $ 2,989,000 Crippled Children Benefits $ 3,951,000 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 1,600,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Midwifery Program Benefits $ 175,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 25,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract with Emory University for Arthritis Research $ 159,625 Family Planning Benefits $ 226,530 Contract with Georgia Tech for Cancer Research $ 50,000 Total Funds Budgeted $ 19,943,370 Indirect DOAS Services Funding $ -0- Agency Funds $ 9,281,887 State Funds Budgeted $ 10,661,483 Total Positions Budgeted 224 Passenger Carrying Motor Vehicles 8

"GA1978.1.1235">

Physical Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 4,952,780 $ 40,000 10 Birth Defects $ 6,223,275 $ 3,511,603 120 Maternal Health $ 360,325 $ 283,380 7 Infant and Child Health $ 3,558,275 $ 3,475,275 17 Chronic Disease $ 3,479,585 $ 3,088,585 41 Malnutrition $ 308,460 $ -0- 6 Family Planning $ 886,700 $ 88,670 17 Dental Health $ 173,970 $ 173,970 6 Undistributed $ -0- $ -0- 0 Total $ 19,943,370 $ 10,661,483 224

"GA1978.1.1236">

6. Physical Health - Community Health Budget: Personal Services $ 4,414,230 Regular Operating Expenses $ 1,130,495 Travel $ 121,840 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,305 Equipment Purchases $ 51,570 Computer Charges $ 18,540 Real Estate Rentals $ 40,055 Telecommunications $ 20,075 Per Diem, Fees and Contracts $ 528,070 Utilities $ -0- Postage $ 12,800 Facilities Construction Grants $ -0- Total Funds Budgeted $ 6,386,980 Indirect DOAS Services Funding $ -0- Agency Funds $ 965,280 State Funds Budgeted $ 5,421,700 Total Positions Budgeted 294 Passenger Carrying Motor Vehicles 6

"GA1978.1.1237">

Physical Health - Community Health Functional Budgets Total Funds State Funds Pos. Community Health Management $ 215,195 $ 215,195 10 Environmental Health - Director's Office $ 223,650 $ 223,650 9 General Sanitation $ 145,710 $ 145,710 7 Institutional Health $ 119,685 $ 119,685 6 Radiological Health $ 271,890 $ 271,890 13 Occupational Health $ 112,610 $ 112,610 6 Land Use $ 139,420 $ 139,420 7 Epidemiology $ 578,620 $ 578,620 5 Immunization $ 266,080 $ -0- 20 Venereal Disease $ 162,540 $ 162,540 7 Tuberculosis Control $ 785,780 $ 608,780 28 Laboratory Services $ 2,492,715 $ 2,316,515 148 Emergency Health $ 873,085 $ 527,085 28 Undistributed $ -0- $ -0- 0 Total $ 6,386,980 $ 5,421,700 294

"GA1978.1.1238">

7. Physical Health - Local Services Budget: Personal Services $ 8,219,090 Regular Operating Expenses $ 464,315 Travel $ 442,745 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,800 Equipment Purchases $ 23,090 Computer Charges $ -0- Real Estate Rentals $ 75,080 Telecommunications $ 85,290 Per Diem, Fees and Contracts $ 3,046,010 Utilities $ -0- Postage $ 17,280 Family Planning Benefits $ 96,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,451,480 Grant for DeKalb County Mental Retardation Project $ 106,646 Grant for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 27,167,375 Total Funds Budgeted $ 43,301,665 Indirect DOAS Services Funding $ 60,000 Agency Funds $ 23,542,345 State Funds Budgeted $ 19,699,320 Total Positions Budgeted 553 Physical Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 5,321,215 $ 5,099,750 245 Grant-In-Aid to Counties $ 12,064,145 $ 9,039,985 0 Stroke and Heart Attack Prevention $ 713,945 $ 515,445 26 Family Planning $ 4,335,630 $ 386,800 186 Sickle Cell, Vision and Hearing $ 254,965 $ 254,965 16 Sexually Transmitted Diseases $ 376,440 $ 43,340 15 High Risk Pregnant Women and Their Infants $ 3,626,425 $ 3,597,225 19 Newborn Follow-Up Care $ 180,390 $ 180,390 12 District Dental $ 581,420 $ 581,420 18 Comprehensive Maternal and Infant Care Project $ 260,000 $ -0- 9 Mental Retardation Projects $ 209,110 $ -0- 0 Malnutrition $ 15,377,980 $ -0- 7 Undistributed $ -0- $ -0- 0 Total $ 43,301,665 $ 19,699,320 553

"GA1978.1.1239">

8. Mental Health - Program Direction and Support Budget: Personal Services $ 2,211,859 Regular Operating Expenses $ 101,790 Travel $ 90,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,600 Equipment Purchases $ 1,700 Computer Charges $ 631,000 Real Estate Rentals $ 87,545 Telecommunications $ 95,300 Per Diem, Fees and Contracts $ 432,000 Utilities $ 1,500 Postage $ 2,500 Total Funds Budgeted $ 3,683,194 Indirect DOAS Services Funding $ 625,000 Agency Funds $ 775,458 State Funds Budgeted $ 2,282,736 Total Positions Budgeted 140 9. Title XX Administration: Personal Services $ 2,065,505 Regular Operating Expenses $ 110,260 Travel $ 130,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,000 Equipment Purchases $ 1,200 Computer Charges $ 450,000 Real Estate Rentals $ 151,400 Telecommunications $ 66,400 Per Diem, Fees and Contracts $ 22,522,400 Utilities $ -0- Postage $ 1,500 Total Funds Budgeted $ 25,544,665 Agency Funds $ 22,657,432 Indirect DOAS Services Funding $ 112,500 State Funds Budgeted $ 2,774,733 Total Positions Budgeted 131

"GA1978.1.1241">

Title XX Administration Functional Budgets Total Funds State Funds Pos. Administration $ 1,465,430 $ 147,201 48 Contract Management $ 1,715,835 $ -0- 83 Day Care $ 15,002,758 $ 1,454,488 0 Foster Care for Children $ 101,937 $ -0- 0 Chore/Homemaker $ 1,410,868 $ 176,359 0 Adult Day Care $ 678,975 $ 84,872 0 Home Delivered and Congregate Meals $ 1,125,366 $ 140,671 0 Home Management $ 1,475,884 $ 184,486 0 Outreach $ 418,579 $ 50,532 0 Transportation $ 1,193,369 $ 70,582 0 Information and Referral $ 324,336 $ 40,542 0 Health Related $ 206,328 $ -0- 0 Social Security and Minimum Wage $ 425,000 $ 425,000 0 Undistributed $ -0- $ -0- 0 Total $ 25,544,665 $ 2,774,733 131

"GA1978.1.1242">

10. Purchase of Social Services: 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- Telecommunications $ -0- Per Diem, Fees and Contracts $ 250,000 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 900,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 8,914,264 Chatham County Homemaker Project $ 366,330 Fulton County Homemaker Project $ 205,735 Total Funds Budgeted $ 10,766,329 Agency Funds $ 6,146,909 State Funds Budgeted $ 4,619,420 Total Positions Budgeted 0 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Chatham County Homemaker Project $ 366,330 $ -0- 0 Fulton County Homemaker Project $ 205,735 $ -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 $ 250,000 $ 62,500 0 AFDC - Family Foster Care $ 3,111,780 $ 1,112,957 0 AFDC - Institutional Foster Care $ 946,819 $ 323,623 0 Specialized Institutional Foster Care $ 445,000 $ 445,000 0 Specialized Foster Care $ 120,000 $ 97,500 0 Child Welfare - Family Foster Care $ 3,121,825 $ 1,636,000 0 Adoption Supplement $ 80,000 $ 50,000 0 Non-AFDC Institutional Foster Care $ 136,800 $ 136,800 0 Liability Insurance $ 17,000 $ 17,000 0 Emergency Shelter Care $ 120,000 $ 30,000 0 Day Care $ 415,640 $ 181,640 0 Psychiatric, Psychological and Speech Therapy $ 120,000 $ 30,000 0 Maternity Care $ 275,400 $ 275,400 0 Return of Runaways - County $ 4,000 $ 1,000 0 Undistributed $ -0- $ -0- 0 Total $ 10,766,329 $ 4,619,420 0

"GA1978.1.1244">

11. Community Youth Services Administration: Personal Services $ 414,905 Regular Operating Expenses $ 13,770 Travel $ 13,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 24,000 Telecommunications $ 15,695 Per Diem, Fees and Contracts $ 2,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 486,370 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 486,370 Total Positions Budgeted 24 Passenger Carrying Motor Vehicles 0 12. Services to the Aged Budget: Personal Services $ 445,300 Regular Operating Expenses $ 12,200 Travel $ 22,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,200 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 36,400 Telecommunications $ 11,030 Per Diem, Fees and Contracts $ 948,300 Utilities $ -0- Postage $ -0- Areawide and Community Grants $ 2,241,600 Nutrition Grants $ 4,003,200 Total Funds Budgeted $ 7,722,480 Indirect DOAS Services Funding $ -0- Agency Funds $ 7,215,660 State Funds Budgeted $ 506,820 Total Positions Budgeted 28

"GA1978.1.1245">

Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 1,477,680 $ 242,820 28 Nutrition Grants $ 4,003,200 $ 264,000 0 Areawide Grants $ 2,241,600 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 7,722,480 $ 506,820 28 13. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services $ 693,690 Regular Operating Expenses $ 69,380 Travel $ 29,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,960 Equipment Purchases $ 2,100 Computer Charges $ 275,000 Real Estate Rentals $ -0- Telecommunications $ 25,000 Per Diem, Fees and Contracts $ 259,000 Utilities $ -0- Postage $ 3,000 Case Services $ 225,000 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 1,782,130 Indirect DOAS Services Funding $ 100,000 Agency Funds $ 1,417,099 State Funds Budgeted $ 265,031 Total Positions Budgeted 39

"GA1978.1.1246">

Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,101,670 $ 60,031 37 Grants Management $ 680,460 $ 205,000 2 Undistributed $ -0- $ -0- 0 Total $ 1,782,130 $ 265,031 39 14. Vocational Rehabilitation - Facilities Budget: Personal Services $ 3,119,580 Regular Operating Expenses $ 203,090 Travel $ 51,800 Motor Vehicle Equipment Purchases $ 14,500 Publications and Printing $ 3,800 Equipment Purchases $ 25,170 Computer Charges $ -0- Real Estate Rentals $ 90,400 Telecommunications $ 118,250 Per Diem, Fees and Contracts $ 117,900 Utilities $ 47,000 Postage $ 4,800 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 3,796,290 Indirect DOAS Services Funding $ 100,000 Agency Funds $ 2,903,180 State Funds Budgeted $ 793,110 Total Positions Budgeted 220 Passenger Carrying Motor Vehicles 21

"GA1978.1.1247">

Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 379,780 $ 41,830 13 Atlanta Rehabilitation Center $ 1,208,560 $ 304,060 64 Alto Rehabilitation Center $ 606,580 $ 165,780 38 Cave Spring Rehabilitation Center $ 241,400 $ 69,150 16 Yarbrough Rehabilitation Center $ 1,056,790 $ 212,290 65 Georgia Vocational Adjustment Center - Gracewood $ 303,180 $ -0- 24 Undistributed $ -0- $ -0- 0 Total $ 3,796,290 $ 793,110 220 15. Roosevelt Warm Springs Rehabilitation Services - Hospital Services: Personal Services $ 3,556,500 Regular Operating Expenses $ 1,016,910 Travel $ 28,200 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 3,500 Equipment Purchases $ 17,250 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 404,815 Utilities $ 112,700 Postage $ 6,000 Case Services $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 5,222,875 Agency Funds $ 5,222,875 State Funds Budgeted $ -0- Total Positions Budgeted 354 Passenger Carrying Motor Vehicles 13 16. Georgia Factory for the Blind Budget: Personal Services $ 1,255,160 Regular Operating Expenses $ 2,851,820 Travel $ 12,300 Motor Vehicle Equipment Purchases $ 28,000 Publications and Printing $ 2,600 Equipment Purchases $ 73,900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,395 Per Diem, Fees and Contracts $ 49,750 Utilities $ 44,350 Postage $ 500 Total Funds Budgeted $ 4,330,775 Agency Funds $ 4,063,394 State Funds Budgeted $ 267,381 Total Positions Budgeted 24 Passenger Carrying Motor Vehicles 12

"GA1978.1.1248">

Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 3,992,190 $ -0- 0 Supervision $ 249,580 $ 249,580 19 Vocational Rehabilitation Unit $ 89,005 $ 17,801 5 Undistributed $ -0- $ -0- 0 Total $ 4,330,775 $ 267,381 24

"GA1978.1.1249">

17. Vocational Rehabilitation - Services Budget: Personal Services $ 9,926,565 Regular Operating Expenses $ 433,850 Travel $ 385,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 13,940 Computer Charges $ -0- Real Estate Rentals $ 523,120 Telecommunications $ 255,000 Per Diem, Fees and Contracts $ 196,500 Utilities $ 57,770 Postage $ 65,280 Case Services $ 15,070,000 Total Funds Budgeted $ 26,930,025 Indirect DOAS Services Funding $ 200,000 Agency Funds $ 20,696,300 State Funds Budgeted $ 6,033,725 Total Positions Budgeted 722 Passenger Carrying Motor Vehicles 4 18. Roosevelt Warm Springs Rehabilitation Services - Rehabilitative Services Budget: Personal Services $ 1,349,855 Regular Operating Expenses $ 214,500 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 700 Equipment Purchases $ 10,665 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 42,000 Per Diem, Fees and Contracts $ 418,300 Utilities $ 133,000 Postage $ -0- Case Services $ 85,000 Total Funds Budgeted $ 2,271,020 Agency Funds $ 1,885,855 State Funds Budgeted $ 385,165 Total Positions Budgeted 109 Passenger Carrying Motor Vehicles 1 19. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services $ 4,299,900 Regular Operating Expenses $ 426,000 Travel $ 28,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,100 Computer Charges $ -0- Real Estate Rentals $ 325,500 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 116,100 Utilities $ -0- Postage $ -0- Case Services $ 4,504,200 Total Funds Budgeted $ 9,716,400 Agency Funds $ 9,716,400 State Funds Budgeted $ -0- Total Positions Budgeted 312 20. 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 $ 366,174 AFDC Benefits $ 106,980,104 Total Funds Budgeted $ 107,346,278 Agency Funds $ 70,414,304 State Funds Budgeted $ 36,931,974 Total Positions Budgeted 0

"GA1978.1.1251">

Public Assistance Functional Budgets Total Funds State Funds Pos. AFDC Payments $ 106,980,104 $ 36,565,800 0 SSI - Supplement Benefits $ 366,174 $ 366,174 0 Undistributed $ -0- $ -0- 0 Total $ 107,346,278 $ 36,931,974 0 21. 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- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Local Services Benefits Payments Grants $ 32,624,344 Grants to Counties for Social Services $ 26,034,184 Total Funds Budgeted $ 58,658,528 Agency Funds $ 34,589,172 State Funds Budgeted $ 24,069,356 Total Positions Budgeted 0

"GA1978.1.1252">

Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services-Benefits Payments Grants $ 32,624,344 $ 16,312,172 0 Grants to Counties for Social Services $ 26,034,184 $ 7,757,184 0 Undistributed $ -0- $ -0- 0 Total $ 58,658,528 $ 24,069,356 0 22. Family and Children Services - Program Direction and Support Budget: Personal Services $ 5,835,960 Regular Operating Expenses $ 211,995 Travel $ 320,974 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 177,000 Equipment Purchases $ 25,800 Computer Charges $ 800,000 Real Estate Rentals $ 192,300 Telecommunications $ 177,195 Per Diem, Fees and Contracts $ 976,570 Utilities $ 4,900 Postage $ 476,720 Total Funds Budgeted $ 9,199,414 Agency Funds $ 5,001,425 Indirect DOAS Services Funding $ 444,500 State Funds Budgeted $ 3,753,489 Total Positions Budgeted 373

"GA1978.1.1253">

Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 350,805 $ 60,115 12 Standards and Procedures $ 349,170 $ 113,610 10 Training $ 413,540 $ 103,385 14 Management Development $ 1,695,180 $ 838,110 91 Administrative Support $ 2,239,250 $ 829,650 19 Food Stamp $ 450,620 $ 208,670 24 District Program Operations $ 1,919,125 $ 818,825 109 Special Services $ 1,294,664 $ 569,064 63 Eligibility Determination $ 487,060 $ 212,060 31 Undistributed $ -0- $ -0- 0 Total $ 9,199,414 $ 3,753,489 373 23. Family and Children Services - District Administration Budget: Personal Services $ 385,200 Regular Operating Expenses $ 44,300 Travel $ 33,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 21,500 Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 484,400 Agency Funds $ 263,760 State Funds Budgeted $ 220,640 Total Positions Budgeted 20 Budget Unit Object Classes: Personal Services $ 65,294,259 Regular Operating Expenses $ 9,282,895 Travel $ 2,333,029 Motor Vehicle Equipment Purchases $ 56,500 Publications and Printing $ 554,400 Equipment Purchases $ 294,345 Computer Charges $ 3,514,540 Real Estate Rentals $ 2,220,415 Telecommunications $ 1,545,395 Per Diem, Fees and Contracts $ 39,265,345 Utilities $ 452,520 Postage $ 1,038,770 Capital Outlay $ -0- Grants for Regional Prenatal and Postnatal Care Programs $ 2,989,000 Crippled Children Benefits $ 3,951,000 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 1,600,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,476,480 Family Planning Benefits $ 322,530 Benefits for Midwifery Program $ 175,000 Facilities Construction Grants $ -0- Grants for DeKalb County Mental Retardation Project $ 106,646 Grants for Chatham County Mental Retardation Project $ 102,464 Grant-In-Aid to Counties $ 27,167,375 Work Incentive Benefits $ 900,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 8,914,264 Chatham County Homemaker Project $ 366,330 Fulton County Homemaker Project $ 205,735 Areawide and Community Grants $ 2,241,600 Nutrition Grants $ 4,003,200 Grants for Nephrology Centers $ 185,000 Case Services $ 19,884,200 SSI-Supplement Benefits $ 366,174 AFDC Benefits $ 106,980,104 Local Services Benefits Payments Grants $ 32,624,344 Grants to Counties for Social Services $ 26,034,184 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Institutional Repairs and Maintenance $ 500,000 Contract with Emory University for Arthritis Research $ 159,625 Grant to Parent-Child Center $ 11,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Grant to Georgia Tech for Cancer Research $ 50,000 Total Positions Budgeted 4,489

"GA1978.1.1255">

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 12-1/2% matching for Day Care Centers in the Appalachian Region.

"GA1978.1.1256">

Provided, that of the funds available in the Physical Health - Local Services Budget not less than $125,000 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. 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 $36,565,800 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1979, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 106 $ 69 2 161 105 3 193 125 4 227 148 5 260 169 6 282 183 7 305 198 8 324 211 9 341 222 10 365 237 11 390 254 Provided further, that the Department of Human Resources is authorized to calculate all

"GA1978.1.1257">

monthly benefit payments utilizing a factor of 65% of the above standard of needs. Provided, that of the above appropriation, $88,000 is designated and committed to operate the Rome Cerebral Palsey Center. 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 above appropriation relating to Institutional Repairs and Maintenance Projects, $52,030 is designated and committed for making necessary structural renovations to DHR facilities to insure compliance with Section 504 of the Rehabilitation Act of 1973. Provided, however, it is the intent of this General Assembly that the rate paid to Dentist for services rendered in the District Dental Clinics shall not exceed twenty-five dollars ($25.00) per hour. Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $2,989,000 is designated and committed for a Statewide program of pre-natal and post-natal care, including all hospitals where such program or programs are providing or shall provide such care. Provided, that of the above appropriation relating to the Physical Health - Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of operating a cystic fibrosis program. Provided however, that to the extent that Title XX funds become available in excess of the

"GA1978.1.1258">

amount contemplated in this Appropriations Act, it is the intent of this General Assembly that the first $2.9 million of such excess not be subject to the provisions of Section 53 of this Act. Provided that grants of Federal Title V (Maternal and Child Health - A and B) funds above the amounts anticipated in this appropriation shall be used to improve and expand Physical Health programs and not to supplant State funds in this appropriation. Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources. B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 168,711,966 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 5,124,919 Regular Operating Expenses $ 657,300 Travel $ 6,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ 7,000 Computer Charges $ 60,000 Real Estate Rentals $ -0- Telecommunications $ 64,000 Per Diem, Fees and Contracts $ 177,700 Utilities $ 188,475 Postage $ 5,600 Authority Lease Rentals $ 387,000 Total Funds Budgeted $ 6,680,344 Indirect DOAS Services Funding $ 60,000 State Funds Budgeted $ 5,955,344 Total Positions Budgeted July 1, 1978 480 Total Positions Budgeted June 30, 1979 468 Passenger Carrying Motor Vehicles 14 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 6,529,000 Regular Operating Expenses $ 867,300 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 36,500 Publications and Printing $ 4,400 Equipment Purchases $ 30,000 Computer Charges $ 93,000 Real Estate Rentals $ -0- Telecommunications $ 86,000 Per Diem, Fees and Contracts $ 96,000 Utilities $ 275,000 Postage $ 10,000 Capital Outlay $ 275,000 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 8,825,200 Indirect DOAS Services Funding $ 93,000 State Funds Budgeted $ 7,698,400 Total Positions Budgeted July 1, 1978 600 Total Positions Budgeted June 30, 1979 588 Passenger Carrying Motor Vehicles 19 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 5,570,000 Regular Operating Expenses $ 538,100 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 3,000 Equipment Purchases $ 6,000 Computer Charges $ 85,000 Real Estate Rentals $ 4,200 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 67,500 Utilities $ 250,000 Postage $ 5,000 Authority Lease Rentals $ 500,000 Capital Outlay $ -0- Total Funds Budgeted $ 7,105,800 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $ 6,295,880 Total Positions Budgeted July 1, 1978 519 Total Positions Budgeted June 30, 1979 510 Passenger Carrying Motor Vehicles 18 4. West Central Georgia Regional Hospital Budget: Personal Services $ 4,974,000 Regular Operating Expenses $ 589,900 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 4,650 Equipment Purchases $ 3,000 Computer Charges $ 75,000 Real Estate Rentals $ -0- Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 24,000 Utilities $ 197,000 Postage $ 10,000 Authority Lease Rentals $ 646,500 Total Funds Budgeted $ 6,599,550 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 6,224,950 Total Positions Budgeted July 1, 1978 493 Total Positions Budgeted June 30, 1979 436 Passenger Carrying Motor Vehicles 23 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 6,616,000 Regular Operating Expenses $ 585,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 1,500 Equipment Purchases $ 10,400 Computer Charges $ 85,000 Real Estate Rentals $ -0- Telecommunications $ 75,000 Per Diem, Fees and Contracts $ 23,850 Utilities $ 550,000 Postage $ 5,200 Capital Outlay $ -0- Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 8,820,450 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $ 7,479,850 Total Positions Budgeted July 1, 1978 648 Total Positions Budgeted June 30, 1979 596 Passenger Carrying Motor Vehicles 29 6. Gracewood State School and Hospital Budget: Personal Services $ 17,697,000 Regular Operating Expenses $ 1,884,100 Travel $ 9,800 Motor Vehicle Equipment Purchases $ 17,300 Publications and Printing $ 14,600 Equipment Purchases $ 40,000 Computer Charges $ 55,000 Real Estate Rentals $ -0- Telecommunications $ 170,000 Per Diem, Fees and Contracts $ 153,800 Utilities $ 790,000 Postage $ 12,500 Capital Outlay $ -0- Authority Lease Rentals $ 117,000 Total Funds Budgeted $ 20,961,100 Indirect DOAS Services Funding $ 155,000 State Funds Budgeted $ 11,737,100 Total Positions Budgeted July 1, 1978 1,755 Total Positions Budgeted June 30, 1979 1,755 Passenger Carrying Motor Vehicles 89 7. Southwestern State Hospital Budget: Personal Services $ 9,476,000 Regular Operating Expenses $ 1,017,100 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 38,000 Publications and Printing $ 2,700 Equipment Purchases $ 35,500 Computer Charges $ 90,000 Real Estate Rentals $ -0- Telecommunications $ 72,000 Per Diem, Fees and Contracts $ 46,200 Utilities $ 375,000 Postage $ 9,000 Total Funds Budgeted $ 11,173,500 Indirect DOAS Services Funding $ 90,000 State Funds Budgeted $ 9,758,500 Total Positions Budgeted July 1, 1978 920 Total Positions Budgeted June 30, 1979 920 Passenger Carrying Motor Vehicles 45 8. Georgia Retardation Center Budget: Personal Services $ 10,098,000 Regular Operating Expenses $ 2,012,000 Travel $ 9,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,800 Equipment Purchases $ 5,200 Computer Charges $ 100,000 Real Estate Rentals $ -0- Telecommunications $ 132,000 Per Diem, Fees and Contracts $ 60,700 Utilities $ 604,100 Postage $ 7,000 Authority Lease Rentals $ 794,000 Total Funds Budgeted $ 13,828,000 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 9,068,000 Total Positions Budgeted July 1, 1978 990 Total Positions Budgeted June 30, 1979 919 Passenger Carrying Motor Vehicles 34 9. Georgia Mental Health Institute Budget: Personal Services $ 6,243,633 Regular Operating Expenses $ 757,750 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,800 Equipment Purchases $ 46,500 Computer Charges $ 93,000 Real Estate Rentals $ -0- Telecommunications $ 150,000 Per Diem, Fees and Contracts $ 475,800 Utilities $ 648,367 Postage $ 9,500 Authority Lease Rentals $ 450,000 Capital Outlay $ 31,500 Total Funds Budgeted $ 8,924,850 Indirect DOAS Services Funding $ 193,000 State Funds Budgeted $ 8,221,850 Total Positions Budgeted July 1, 1978 513 Total Positions Budgeted June 30, 1979 505 Passenger Carrying Motor Vehicles 20 10. Central State Hospital Budget: Personal Services $ 48,250,000 Regular Operating Expenses $ 6,573,230 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 56,700 Publications and Printing $ 18,070 Equipment Purchases $ 101,000 Computer Charges $ 345,000 Real Estate Rentals $ -0- Telecommunications $ 420,000 Per Diem, Fees and Contracts $ 121,000 Utilities $ 2,100,000 Postage $ 40,000 Authority Lease Rentals $ 669,000 Total Funds Budgeted $ 58,711,000 Indirect DOAS Services Funding $ 589,000 State Funds Budgeted $ 46,599,835 Total Positions Budgeted July 1, 1978 4,594 Total Positions Budgeted June 30, 1979 4,562 Passenger Carrying Motor Vehicles 153 11. State Youth Development Centers Budget: Personal Services $ 6,875,100 Regular Operating Expenses $ 1,051,600 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 10,500 Publications and Printing $ 200 Equipment Purchases $ 19,000 Computer Charges $ 8,000 Real Estate Rentals $ -0- Telecommunications $ 78,700 Per Diem, Fees and Contracts $ 74,900 Utilities $ 450,000 Postage $ 16,600 Total Funds Budgeted $ 8,591,600 State Funds Budgeted $ 8,294,600 Total Positions Budgeted July 1, 1978 641 Total Positions Budgeted June 30, 1979 641 Passenger Carrying Motor Vehicles 93 12. Regional Youth Development Centers Budget: Personal Services $ 3,199,000 Regular Operating Expenses $ 538,920 Travel $ 7,500 Motor Vehicle Equipment Purchases $ 6,800 Publications and Printing $ 350 Equipment Purchases $ 15,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 37,800 Per Diem, Fees and Contracts $ 48,000 Utilities $ 230,000 Postage $ 6,000 Capital Outlay $ 810,000 Grants to County-Owned Detention Centers $ 250,000 Reserve for Eastman RYDC $ 180,000 Total Funds Budgeted $ 5,329,970 State Funds Budgeted $ 5,194,970 Total Positions Budgeted July 1, 1978 329 Total Positions Budgeted June 30, 1979 329 Passenger Carrying Motor Vehicles 28 13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 5,407,000 Regular Operating Expenses $ 136,950 Travel $ 27,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 68,600 Telecommunications $ 4,200 Per Diem, Fees and Contracts $ 190,600 Utilities $ 5,800 Outpatient Pharmaceuticals $ 770,000 Drug Abuse Contracts $ 1,295,200 Developmental Disability Service Chiefs $ 400,000 Day Care Centers for the Mentally Retarded $ 28,341,633 Purchase of Mini-buses for MR Day Care Centers $ 350,000 Group Homes for the Mentally Retarded $ 1,876,000 Supportive Living Benefits $ 1,454,000 Supportive Living Staff $ 249,000 Foster Grandparents $ 337,000 Community Residential Services $ 1,101,000 Community Residential Services Staff $ 525,000 Community Mental Health Center Services $ 31,817,097 Project Rescue $ 182,500 Total Funds Budgeted $ 74,538,880 Agency Funds $ 41,789,878 State Funds Budgeted $ 32,749,002 Total Positions Budgeted July 1, 1978 382 Total Positions Budgeted June 30, 1979 382

"GA1978.1.1266">

Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 3,684,000 $ 3,613,374 248 Mental Retardation Community Assistance $ 1,152,800 $ 1,152,800 73 Central Pharmacy $ 99,800 $ 99,800 5 Odyssey $ 65,400 $ 26,160 4 Synthesis Treatment Center $ 226,250 $ 84,500 14 Tenth Street Treatment Center $ 216,800 $ 80,720 13 Little Five Points Treatment Center $ 218,700 $ 81,480 15 Central Intake $ 176,700 $ 64,680 10 Outpatient Pharmaceuticals $ 770,000 $ 770,000 0 Developmental Disability Service Chiefs $ 400,000 $ 400,000 0 Group Homes for the Mentally Retarded $ 1,876,000 $ 1,876,000 0 Day Care Centers for the Mentally Retarded $ 28,341,633 $ 12,841,633 0 Purchase of Mini-buses for MR Day Care Centers $ 350,000 $ 350,000 0 Supportive Living $ 1,703,000 $ 1,516,250 0 Foster Grandparents $ 337,000 $ 337,000 0 Community Residential Services $ 1,626,000 $ 1,626,000 0 Project Rescue $ 182,500 $ 45,625 0 Drug Abuse Contracts $ 1,295,200 $ 170,883 0 Community Mental Health Center Services $ 31,817,097 $ 7,612,097 0 Undistributed $ -0- $ -0- 0 Total $ 74,538,880 $ 32,749,002 382

"GA1978.1.1268">

14. Community Youth Services Budget: Personal Services $ 4,655,645 Regular Operating Expenses $ 305,425 Travel $ 245,600 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 300 Equipment Purchases $ 4,275 Computer Charges $ -0- Real Estate Rentals $ 205,410 Telecommunications $ 131,750 Per Diem, Fees and Contracts $ -0- Utilities $ 28,040 Postage $ 8,890 Child Care Benefits $ 10,000 Total Funds Budgeted $ 5,606,335 State Funds Budgeted $ 3,433,765 Total Positions Budgeted July 1, 1978 395 Total Positions Budgeted June 30, 1979 395 Passenger Carrying Motor Vehicles 21 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 571,160 $ 571,160 45 Attention Homes $ 156,910 $ 156,910 2 Day Centers $ 532,880 $ 532,880 35 Community Treatment Centers $ 1,103,820 $ 602,400 80 Court Services $ 3,021,150 $ 1,443,370 218 Runaway Apprehension $ 173,645 $ 80,275 12 Interstate Compact $ 46,770 $ 46,770 3 Undistributed $ -0- $ -0- 0 Total $ 5,606,335 $ 3,433,765 395

"GA1978.1.1269">

Budget Unit Object Classes: Personal Services $ 140,715,297 Regular Operating Expenses $ 17,515,175 Travel $ 386,650 Motor Vehicle Equipment Purchases $ 200,800 Publications and Printing $ 66,470 Equipment Purchases $ 323,475 Computer Charges $ 1,089,000 Real Estate Rentals $ 278,210 Telecommunications $ 1,539,450 Per Diem, Fees and Contracts $ 1,560,050 Utilities $ 6,691,782 Postage $ 145,290 Capital Outlay $ 1,116,500 Authority Lease Rentals $ 4,930,000 Grants to County-Owned Detention Centers $ 250,000 Reserve for Eastman RYDC $ 180,000 Outpatient Pharmaceuticals $ 770,000 Drug Abuse Contracts $ 1,295,200 Developmental Disability Services Chiefs $ 400,000 Day Care Centers for the Mentally Retarded $ 28,341,633 Purchase of Mini-buses for MR Day Care Centers $ 350,000 Group Homes for the Mentally Retarded $ 1,876,000 Supportive Living Benefits $ 1,454,000 Supportive Living Staff $ 249,000 Foster Grandparents $ 337,000 Community Residential Services $ 1,101,000 Community Residential Services Staff $ 525,000 Community Mental Health Center Services $ 31,817,097 Project Rescue $ 182,500 Child Care Benefits $ 10,000 Total Positions Budgeted July 1, 1978 13,259 Total Positions Budgeted June 30, 1979 13,006 Passenger Carrying Motor Vehicles 586

"GA1978.1.1270">

Provided, that of the above appropriation relating to Capital Outlay, $275,000 is designated and committed for Fire Marshal renovations at Atlanta Regional Hospital. Provided, that of the above appropriation relating to Capital Outlay, $31,500 is designated and committed for the construction of a Maintenance facility at the Georgia Mental Health Institute. It is the intent of this General Assembly that of the above appropriation relative to Regional Youth Development Centers, $20,000 is for the initial operational costs of a Regional Youth Development Center in DeKalb County. Provided, that of the above appropriation relating to Community Mental Health Centers, Day Care Centers for the Mentally Retarded and Group Homes for the Mentally Retarded, payments shall be made only to service providers who maintain compliance with the reporting requirements of the Department of Human Resources.

"GA1978.1.1271">

Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $19,460 is for equipping the Carroll County Center. Provided, that of the above appropriation relating to Capital Outlay, $810,000 is designated and committed for the construction of a Regional Youth Development Center at Lawrenceville, Georgia. Provided that of the above appropriation related to MR Day Training Contracts in the MH/MR Community Services Activity, $5,000 is designated and committed for renovations at the MR Day Training Center of Meriwether County. Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $100,000 is designated and committed for operating and start-up costs of a new center serving Towns and Union counties. Provided, that of the above appropriation relating to Community Mental Health Center Services, $110,000 is designated and committed for 10 accountants. Provided, that the Department is hereby authorized and directed to redirect $564,480 from funds available to the Georgia Building Authority (Hospital) for Life Safety Code renovations at Savannah Regional Hospital ($308,480) and Northwest Georgia Regional Hospital ($256,000). Section 29. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $ 7,261,982 1. Industry Budget: Personal Services $ 455,333 Regular Operating Expenses $ 15,400 Travel $ 41,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 5,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 12,000 Total Funds Budgeted $ 531,333 State Funds Budgeted $ 531,333 Total Positions Budgeted 24 2. Research Budget: Personal Services $ 250,000 Regular Operating Expenses $ 20,550 Travel $ 2,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,000 Equipment Purchases $ 925 Computer Charges $ 14,150 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 322,325 State Funds Budgeted $ 322,325 Total Positions Budgeted 16 3. Tourism Budget: Personal Services $ 1,131,050 Regular Operating Expenses $ 277,900 Travel $ 69,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 155,400 Equipment Purchases $ 14,521 Computer Charges $ 7,500 Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 52,200 Local Welcome Center Contracts $ 75,230 Capital Outlay $ 61,130 Historic Chattahoochee Commission Contract $ 35,000 Total Funds Budgeted $ 1,883,931 State Funds Budgeted $ 1,883,931 Total Positions Budgeted 101 4. Internal Administration Budget: Personal Services $ 439,702 Regular Operating Expenses $ 208,589 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 19,500 Publications and Printing $ 50,000 Equipment Purchases $ 1,650 Computer Charges $ 7,500 Real Estate Rentals $ 167,052 Telecommunications $ 90,000 Per Diem, Fees and Contracts $ 18,000 Postage $ 162,000 Georgia Ports Authority - Authority Lease Rentals $ 2,790,000 Georgia Ports Authority - General Obligation Bond Payments $ 500,000 Total Funds Budgeted $ 4,470,993 State Funds Budgeted $ 3,180,993 Total Positions Budgeted 25 5. International Budget: Personal Services $ 173,000 Regular Operating Expenses $ 43,100 Travel $ 40,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 2,350 Computer Charges $ 9,500 Real Estate Rentals $ 29,900 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 191,550 Total Funds Budgeted $ 515,400 State Funds Budgeted $ 515,400 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 $ 2,449,085 Regular Operating Expenses $ 565,539 Travel $ 170,200 Motor Vehicle Equipment Purchases $ 19,500 Publications and Printing $ 251,400 Equipment Purchases $ 24,546 Computer Charges $ 38,650 Real Estate Rentals $ 196,952 Telecommunications $ 109,000 Per Diem, Fees and Contracts $ 275,750 Postage $ 162,000 Capital Outlay $ 61,130 Local Welcome Center Contracts $ 75,230 Advertising $ 828,000 Georgia Ports Authority - Authority Lease Rentals $ 2,790,000 Georgia Ports Authority - General Obligation Bond Payments $ 500,000 Historic Chattahoochee Commission Contract $ 35,000 Total Positions Budgeted 175 Passenger Carrying Motor Vehicles 10 For general administrative cost of operating the Department of Industry and Trade, including advertising expense. B. Budget Unit: Authorities $ -0- 1. Georgia World Congress Budget: Personal Services $ 1,836,867 Regular Operating Expenses $ 686,380 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 50,000 Computer Charges $ 720 Real Estate Rentals $ -0- Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 102,800 Capital Outlay $ 25,000 Total Funds Budgeted $ 2,759,767 State Funds Budgeted $ -0- Total Positions Budgeted 106 2. Georgia Ports Authority Budget: Personal Services $ 12,727,000 Regular Operating Expenses and Computer Charges $ 5,357,000 Travel $ 330,584 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 4,578,049 Publications and Printing $ 75,000 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,290,000 Per Diem, Fees and Contracts $ 176,000 Other Debt-Service Payments $ 679,100 Total Funds Budgeted $ 25,212,733 State Funds Budgeted $ -0- Total Positions Budgeted 721 Budget Unit Object Classes: Personal Services $ 14,563,867 Regular Operating Expenses $ 686,380 Travel $ 345,584 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 83,000 Equipment Purchases $ 50,000 Computer Charges $ 720 Real Estate Rentals $ -0- Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 278,800 Capital Outlay $ 25,000 Regular Operating Expenses, Computer Charges $ 5,357,000 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 4,578,049 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,290,000 Other Debt-Service Payments $ 679,100 Total Positions Budgeted 827 Passenger Carrying Motor Vehicles 36

"GA1978.1.1276">

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds. Section 30. Department of Labor. A. Budget Unit: Inspection Division $ 526,069 Inspection Division Budget: Personal Services $ 430,000 Regular Operating Expenses $ 10,600 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,969 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 526,069 State Funds Budgeted $ 526,069 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 430,000 Regular Operating Expenses $ 10,600 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,969 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 1,000 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 2,380,071 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 26,353,308 Regular Operating Expenses $ 3,316,506 Travel $ 670,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 215,000 Computer Charges $ 5,340 Real Estate Rentals $ 1,227,902 Telecommunications $ 676,000 Per Diem, Fees and Contracts $ 3,476,000 W.I.N. Grants $ 1,000,000 Total Funds Budgeted $ 36,961,056 State Funds Budgeted $ 1,310,041 Total Positions Budgeted 1,632 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 7,781,447 Regular Operating Expenses $ 2,018,831 Travel $ 350,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 75,000 Computer Charges $ 1,471 Real Estate Rentals $ 86,484 Telecommunications $ 150,000 Per Diem, Fees and Contracts (CETA) $ 2,030,000 CETA Direct Benefits $ 80,000,000 Total Funds Budgeted $ 92,508,233 State Funds Budgeted $ -0- Total Positions Budgeted 450 3. Correctional Services Budget: Personal Services $ 937,684 Regular Operating Expenses $ 24,846 Travel $ 29,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ 189 Real Estate Rentals $ 27,511 Telecommunications $ 16,600 Per Diem, Fees and Contracts $ 34,200 Total Funds Budgeted $ 1,070,030 State Funds Budgeted $ 1,070,030 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 35,072,439 Regular Operating Expenses $ 5,360,183 Travel $ 1,049,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 290,000 Computer Charges $ 7,000 Real Estate Rentals $ 1,341,897 Telecommunications $ 842,600 Per Diem, Fees and Contracts (CETA) $ 2,030,000 Per Diem, Fees and Contracts $ 3,510,200 W.I.N. Grants $ 1,000,000 CETA Direct Benefits $ 80,000,000 Total Positions Budgeted 2,144 Passenger Carrying Motor Vehicles 0

"GA1978.1.1278">

Section 31. Department of Law. Budget Unit: Department of Law $ 2,694,820 Attorney General's Office Budget: Personal Services $ 2,447,000 Regular Operating Expenses $ 149,800 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,000 Equipment Purchases $ 17,020 Computer Charges $ 200 Books for State Library $ 39,000 Real Estate Rentals $ -0- Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 30,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,840,020 State Funds Budgeted $ 2,694,820 Total Positions Budgeted 109 Budget Unit Object Classes: Personal Services $ 2,447,000 Regular Operating Expenses $ 149,800 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,000 Equipment Purchases $ 17,020 Computer Charges $ 200 Real Estate Rentals $ -0- Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 30,000 Books for State Library $ 39,000 Capital Outlay $ -0- Total Positions Budgeted 109 Passenger Carrying Motor Vehicles 1

"GA1978.1.1279">

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.

"GA1978.1.1280">

Section 32. Department of Medical Assistance. Budget Unit: Medicaid Services $ 130,546,852 1. Commissioner's Office Budget: Personal Services $ 414,765 Regular Operating Expenses $ 49,455 Travel $ 40,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 532 Equipment Purchases $ 1,760 Computer Charges $ -0- Real Estate Rentals $ 28,100 Telecommunications $ 10,400 Per Diem, Fees and Contracts $ 62,500 Total Funds Budgeted $ 607,812 State Funds Budgeted $ 220,878 Total Positions Budgeted 22 2. Administration Budget: Personal Services $ 673,702 Regular Operating Expenses $ 119,739 Travel $ 4,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,500 Equipment Purchases $ 9,660 Computer Charges $ -0- Real Estate Rentals $ 66,500 Telecommunications $ 26,600 Per Diem, Fees and Contracts $ 250,000 Total Funds Budgeted $ 1,161,301 State Funds Budgeted $ 522,101 Total Positions Budgeted 52 3. Program Management Budget: Personal Services $ 679,000 Regular Operating Expenses $ 146,800 Travel $ 4,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 10,300 Computer Charges $ -0- Real Estate Rentals $ 46,500 Telecommunications $ 21,900 Per Diem, Fees and Contracts $ 80,000 Contracts for Hospital Audits $ 185,000 Contracts for Nursing Home and Dental Audits $ 600,000 Contract with Georgia Medical Care Foundation $ 1,300,000 Total Funds Budgeted $ 3,104,400 State Funds Budgeted $ 1,441,500 Total Positions Budgeted 47 4. Operations Budget: Personal Services $ 1,560,000 Regular Operating Expenses $ 526,500 Travel $ 2,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,200 Equipment Purchases $ 26,600 Computer Charges $ 6,771,000 Real Estate Rentals $ 88,400 Telecommunications $ 157,900 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 9,147,700 Indirect DOAS Services Funding $ 2,000,000 Agency Funds $ 6,896,699 State Funds Budgeted $ 251,001 Total Positions Budgeted 124 5. Benefits Payments Budget: Medicaid Benefits $ 394,583,629 Payments to Counties for Mental Health $ 4,000,000 Adult Emergency Dental Services $ 3,300,000 Total Funds Budgeted $ 401,883,629 State Funds Budgeted $ 128,111,372 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 3,327,467 Regular Operating Expenses $ 842,494 Travel $ 51,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 56,232 Equipment Purchases $ 48,320 Computer Charges $ 6,771,000 Real Estate Rentals $ 229,500 Telecommunications $ 216,800 Per Diem, Fees and Contracts $ 392,500 Medicaid Benefits $ 394,583,629 Payments to Counties for Mental Health $ 4,000,000 Adult Emergency Dental Services $ 3,300,000 Contracts for Hospital Audits $ 185,000 Contracts for Nursing Home and Dental Audits $ 600,000 Contract with Georgia Medical Care Foundation $ 1,300,000 Total Positions Budgeted 245 Passenger Carrying Motor Vehicles 5

"GA1978.1.1282">

It is the intent of this General Assembly that with regard to the above appropriation for Adult Emergency Dental Services, treatment of mandibular and maxillary fractures and dislocations be among the services contemplated in this appropriation, but that payment for restorative dental services and orthodontic services shall not generally be made from this appropriation. Section 33. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 2,849,736 1. Applicant Services Budget: Personal Services $ 563,580 Regular Operating Expenses $ 15,500 Travel $ 4,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,300 Equipment Purchases $ 5,100 Computer Charges $ 247,000 Real Estate Rentals $ 1,650 Telecommunications $ 9,300 Per Diem, Fees and Contracts $ 20,000 Postage $ 33,500 Total Funds Budgeted $ 935,030 Agency Assessments $ 935,030 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services $ 351,000 Regular Operating Expenses $ 4,490 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,270 Equipment Purchases $ 1,400 Computer Charges $ 85,600 Real Estate Rentals $ -0- Telecommunications $ 5,100 Per Diem, Fees and Contracts $ 5,000 Postage $ 2,200 Total Funds Budgeted $ 467,560 Agency Assessments $ 467,560 Total Positions Budgeted 22 3. Employee Services Budget: Personal Services $ 291,000 Regular Operating Expenses $ 11,610 Travel $ 2,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 1,080 Computer Charges $ 121,000 Real Estate Rentals $ -0- Telecommunications $ 4,200 Per Diem, Fees and Contracts $ -0- Postage $ 1,200 Total Funds Budgeted $ 445,490 Agency Assessments $ 437,140 Total Positions Budgeted 21 4. Employee Training and Development Budget: Personal Services $ 281,879 Regular Operating Expenses $ 10,520 Travel $ 9,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,520 Equipment Purchases $ 2,900 Computer Charges $ 1,000 Real Estate Rentals $ -0- Telecommunications $ 5,850 Per Diem, Fees and Contracts $ 88,500 Postage $ 3,200 Total Funds Budgeted $ 412,169 Agency Assessments $ 357,169 Total Positions Budgeted 17 5. Health Insurance Administration Budget: Personal Services $ 209,000 Regular Operating Expenses $ 5,200 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,900 Equipment Purchases $ 1,920 Computer Charges $ 10,350 Real Estate Rentals $ 17,100 Telecommunications $ 11,800 Per Diem, Fees and Contracts $ 1,112,600 Postage $ 14,000 Total Funds Budgeted $ 1,386,870 Other Health Insurance Agency Funds $ 150,000 Employer and Employee Contributions $ 1,236,870 Total Positions Budgeted 14 6. Health Insurance Claims 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- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Postage $ -0- Health Insurance Claims $ 35,469,000 Total Funds Budgeted $ 35,469,000 Other Health Insurance Agency Funds $ 4,800,010 Employer and Employee Contributions $ 30,668,990 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services $ 282,922 Regular Operating Expenses $ 8,410 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,320 Equipment Purchases $ 16,850 Computer Charges $ 132,840 Real Estate Rentals $ -0- Telecommunications $ 4,200 Per Diem, Fees and Contracts $ 2,700 Postage $ 1,140 Federal Sub-grants to State and Local Agencies $ 283,640 Total Funds Budgeted $ 739,522 Agency Assessments $ 388,552 Employer and Employee Contributions $ 34,370 Total Positions Budgeted 20 8. Commissioner's Office Budget: Personal Services $ 179,800 Regular Operating Expenses $ 5,680 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,800 Equipment Purchases $ 605 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,300 Per Diem, Fees and Contracts $ 60,000 Postage $ 3,100 Total Funds Budgeted $ 264,285 Agency Assessments $ 264,285 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services $ 2,159,181 Regular Operating Expenses $ 61,410 Travel $ 28,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 80,710 Equipment Purchases $ 29,855 Computer Charges $ 597,790 Real Estate Rentals $ 18,750 Telecommunications $ 43,750 Per Diem, Fees and Contracts $ 1,288,800 Postage $ 58,340 Federal Sub-grants to State and Local Agencies $ 283,640 Health Insurance Claim Payments $ 35,469,000 Total Positions Budgeted 140 Passenger Carrying Motor Vehicles 0

"GA1978.1.1286">

Section 34. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 37,464,461 1. Internal Administration Budget: Personal Services $ 1,309,000 Regular Operating Expenses $ 275,700 Travel $ 19,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 140,000 Equipment Purchases $ 10,500 Computer Charges $ 132,700 Real Estate Rentals $ 21,000 Telecommunications $ 46,200 Per Diem, Fees and Contracts $ 34,000 Grants to the City of Atlanta $ 1,500,000 Total Funds Budgeted $ 3,488,100 State Funds Budgeted $ 3,488,100 Total Positions Budgeted 85 2. Information and Education Budget: Personal Services $ 502,000 Regular Operating Expenses $ 97,960 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 23,800 Publications and Printing $ 315,000 Equipment Purchases $ 33,000 Computer Charges $ 1,820 Real Estate Rentals $ -0- Telecommunications $ 28,000 Per Diem, Fees and Contracts $ 8,900 Capital Outlay - Repairs and Maintenance $ 12,500 Total Funds Budgeted $ 1,037,980 State Funds Budgeted $ 888,980 Total Positions Budgeted 35 3. Planning and Research Budget: Personal Services $ 1,138,133 Regular Operating Expenses $ 76,500 Travel $ 50,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,100 Equipment Purchases $ 3,060 Computer Charges $ 57,846 Real Estate Rentals $ -0- Telecommunications $ 41,300 Per Diem, Fees and Contracts $ 131,500 Land and Water Conservation Grants $ 8,500,000 Recreation Grants $ 200,000 Youth Conservation Corps Grants $ 100,000 Capital Outlay - Heritage Trust $ 823,000 Contract - Special Olympics, Inc. $ 63,000 Total Funds Budgeted $ 11,225,339 State Funds Budgeted $ 2,241,377 Total Positions Budgeted 60 4. Game and Fish Budget: Personal Services $ 7,285,502 Regular Operating Expenses $ 2,131,202 Travel $ 99,698 Motor Vehicle Equipment Purchases $ 582,660 Publications and Printing $ 36,400 Equipment Purchases $ 495,132 Computer Charges $ 32,250 Real Estate Rentals $ 2,649 Telecommunications $ 144,100 Per Diem, Fees and Contracts $ 74,100 Capital Outlay - Hatchery Renovation $ 122,000 Capital Outlay - Repairs and Maintenance $ 68,500 Capital Outlay $ 205,491 Total Funds Budgeted $ 11,279,684 State Funds Budgeted $ 9,060,522 Total Positions Budgeted 463 5. State Parks and Historic Sites Operations Budget: Personal Services $ 4,779,391 Regular Operating Expenses $ 2,541,900 Travel $ 61,300 Motor Vehicle Equipment Purchases $ 156,400 Publications and Printing $ 48,800 Equipment Purchases $ 195,300 Computer Charges $ -0- Real Estate Rentals $ 7,150 Telecommunications $ 145,700 Per Diem, Fees and Contracts $ 60,300 Capital Outlay $ 361,000 Capital Outlay - Repairs and Maintenance $ 600,000 Capital Outlay - Shop Stock $ 200,000 Cost of Material for Resale $ 600,000 Authority Lease Rentals $ 2,533,000 Total Funds Budgeted $ 12,290,241 State Funds Budgeted $ 9,450,241 Total Positions Budgeted 348 6. Geologic and Water Resources Research Budget: Personal Services $ 696,690 Regular Operating Expenses $ 122,174 Travel $ 45,400 Motor Vehicle Equipment Purchases $ 28,000 Publications and Printing $ 27,500 Equipment Purchases $ 21,200 Computer Charges $ -0- Real Estate Rentals $ 1,200 Telecommunications $ 12,040 Per Diem, Fees and Contracts $ 221,500 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 184,125 Topographic Mapping United States Geological Survey $ 375,000 Capital Outlay $ 22,000 Total Funds Budgeted $ 1,756,829 State Funds Budgeted $ 1,460,829 Total Positions Budgeted 40 7. Environmental Protection Budget: Personal Services $ 5,542,214 Regular Operating Expenses $ 309,534 Travel $ 216,900 Motor Vehicle Equipment Purchases $ 52,000 Publications and Printing $ 50,000 Equipment Purchases $ 44,000 Computer Charges $ 210,000 Real Estate Rentals $ 62,388 Telecommunications $ 102,000 Per Diem, Fees and Contracts $ 468,000 Solid Waste Grants $ 500,000 Water and Sewer Grants $ 5,000,000 Total Funds Budgeted $ 12,557,036 State Funds Budgeted $ 9,937,036 Total Positions Budgeted 296 8. Dam Safety Budget: Personal Services $ 81,531 Regular Operating Expenses $ 15,070 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 8,500 Publications and Printing $ -0- Equipment Purchases $ 4,825 Computer Charges $ -0- Real Estate Rentals $ 4,350 Telecommunications $ -0- Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 142,276 State Funds Budgeted $ 142,276 Total Positions Budgeted 5 9. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 499,500 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 15,600 Total Funds Budgeted $ 515,100 State Funds Budgeted $ 515,100 Total Positions Budgeted 0 10. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations $ 130,000 Payments to Jekyll Island State Park Authority for Capital Outlay $ 150,000 Total Funds Budgeted $ 280,000 State Funds Budgeted $ 280,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 21,334,461 Regular Operating Expenses $ 5,570,040 Travel $ 516,198 Motor Vehicle Equipment Purchases $ 851,360 Publications and Printing $ 657,800 Equipment Purchases $ 807,017 Computer Charges $ 434,616 Real Estate Rentals $ 98,737 Telecommunications $ 519,340 Per Diem, Fees and Contracts $ 1,018,300 Land and Water Conservation Grants $ 8,500,000 Recreation Grants $ 200,000 Youth Conservation Corps Grants $ 100,000 Water and Sewer Grants $ 5,000,000 Solid Waste Grants $ 500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 184,125 Contract with U.S. Geological Survey for Topographic Maps $ 375,000 Capital Outlay - Hatchery Renovation $ 122,000 Capital Outlay $ 588,491 Capital Outlay - Repairs and Maintenance $ 681,000 Capital Outlay - Shop Stock $ 200,000 Capital Outlay - Heritage Trust $ 823,000 Authority Lease Rentals $ 2,533,000 Cost of Material for Resale $ 600,000 Payments to Lake Lanier Islands Development Authority for Operations $ 499,500 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 15,600 Payments to Jekyll Island State Park Authority for Operations $ 130,000 Payments to Jekyll Island State Park Authority for Capital Outlay $ 150,000 Grants to the City of Atlanta $ 1,500,000 Contract - Special Olympics, Inc. $ 63,000 Total Positions Budgeted 1,332 Passenger Carrying Motor Vehicles 984 Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section. Provided, that 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, $63,000 is designated and committed for matching a minimum of $63,000 from other sources for the Georgia Special Olympics Program. Provided, that in the above appropriation, State Parks and Historic Sites is directed to convert two (2) temporary positions to permanent status at Vogel State Park. Provided, however, that of the above appropriation relating to Grants to the City of Atlanta, it is the intent of this General Assembly that no more than 20% of the cost of restoring the Cyclorama, including relocation thereof, be paid from this appropriation, and that the Department of Natural Resources establish necessary controls and take such additional action as is necessary to insure compliance with this provision. Provided, further, that schoolchildren in scheduled and supervised groups shall not be required to pay any admission fee to tour the Cyclorama. Provided, that of the above appropriation relative to Capital Outlay $35,000 is designated and committed for a group shelter at George L. Smith State Park. Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment for counties and municipalities having reached legally established bond capacity, and that $4,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. B. Budget Unit: Authorities $ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services $ 737,000 Regular Operating Expenses $ 208,500 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 12,500 Publications and Printing $ 75,000 Equipment Purchases $ 10,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 38,000 Capital Outlay $ 31,200 Promotion Expenses $ -0- Total Funds Budgeted $ 1,130,700 State Funds Budgeted $ -0- Total Positions Budgeted 53 2. Jekyll Island State Park Authority Budget: Personal Services $ 1,994,365 Regular Operating Expenses $ 1,080,700 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,000 Equipment Purchases $ 80,000 Computer Charges $ 8,500 Real Estate Rentals $ -0- Telecommunications $ 22,000 Per Diem, Fees and Contracts $ 75,000 Mortgage Payments $ 150,300 Capital Outlay $ 150,000 Promotion Expenses $ -0- Total Funds Budgeted $ 3,610,865 Payments from the Department of Natural Resources $ 280,000 Other Funds $ 3,330,865 Total Positions Budgeted 220 Budget Unit Object Classes: Personal Services $ 2,731,365 Regular Operating Expenses $ 1,289,200 Travel $ 14,000 Motor Vehicle Equipment Purchases $ 12,500 Publications and Printing $ 115,000 Equipment $ 90,500 Computer Charges $ 8,500 Real Estate Rentals $ -0- Telecommunications $ 36,000 Per Diem, Fees and Contracts $ 113,000 Capital Outlay $ 181,200 Promotion Expense $ -0- Mortgage Payments $ 150,300 Total Positions Budgeted 273 Passenger Carrying Motor Vehicles 91

"GA1978.1.1294">

Section 35. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation $ 65,045,354 1. General Administration and Support Budget: Personal Services $ 2,862,722 Regular Operating Expenses $ 230,495 Travel $ 77,860 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 6,970 Computer Charges $ 316,000 Real Estate Rentals $ 212,900 Telecommunications $ 108,500 Per Diem, Fees and Contracts $ 338,300 Utilities $ -0- Total Funds Budgeted $ 4,175,747 State Funds Budgeted $ 4,147,782 Total Positions Budgeted 191 2. Georgia Training and Development Center Budget: Personal Services $ 807,000 Regular Operating Expenses $ 109,900 Travel $ 1,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 12,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,400 Per Diem, Fees and Contracts $ 18,600 Utilities $ 70,000 Total Funds Budgeted $ 1,029,700 State Funds Budgeted $ 1,029,700 Total Positions Budgeted 64 3. Georgia Industrial Institute Budget: Personal Services $ 2,871,383 Regular Operating Expenses $ 447,033 Travel $ 3,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 36,109 Computer Charges $ -0- Real Estate Rentals $ 31 Telecommunications $ 26,400 Per Diem, Fees and Contracts $ 6,200 Utilities $ 300,000 Total Funds Budgeted $ 3,691,656 State Funds Budgeted $ 3,691,656 Total Positions Budgeted 231 4. Alto Education and Evaluation Center Budget: Personal Services $ 857,503 Regular Operating Expenses $ 77,490 Travel $ 4,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 27,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 7,250 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 975,493 State Funds Budgeted $ 774,668 Total Positions Budgeted 52 5. Georgia Diagnostic and Classification Center Budget: Personal Services $ 3,273,068 Regular Operating Expenses $ 503,928 Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 79,910 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 32,600 Per Diem, Fees and Contracts $ 12,100 Utilities $ 267,700 Total Funds Budgeted $ 4,172,106 State Funds Budgeted $ 4,172,106 Total Positions Budgeted 279 6. Georgia State Prison Budget: Personal Services $ 5,915,037 Regular Operating Expenses $ 1,010,354 Travel $ 5,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 68,270 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 51,200 Utilities $ 650,000 Total Funds Budgeted $ 7,738,761 State Funds Budgeted $ 7,716,761 Total Positions Budgeted 498 7. Consolidated Branches Budget: Personal Services $ 3,483,119 Regular Operating Expenses $ 516,709 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 60,414 Computer Charges $ -0- Real Estate Rentals $ 21,660 Telecommunications $ 45,000 Per Diem, Fees and Contracts $ 87,900 Utilities $ 305,000 Total Funds Budgeted $ 4,528,502 State Funds Budgeted $ 4,202,502 Total Positions Budgeted 295 8. Lee Correctional Institution Budget: Personal Services $ 762,950 Regular Operating Expenses $ 121,610 Travel $ 1,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 136,300 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,500 Per Diem, Fees and Contracts $ 10,800 Utilities $ 97,000 Total Funds Budgeted $ 1,139,160 State Funds Budgeted $ 1,139,160 Total Positions Budgeted 83 9. Montgomery Correctional Institution Budget: Personal Services $ 753,998 Regular Operating Expenses $ 137,530 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 9,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,200 Per Diem, Fees and Contracts $ 13,600 Utilities $ 72,800 Total Funds Budgeted $ 1,000,328 State Funds Budgeted $ 985,328 Total Positions Budgeted 60 10. Walker Correctional Institution Budget: Personal Services $ 778,261 Regular Operating Expenses $ 134,840 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 6,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,500 Per Diem, Fees and Contracts $ 7,800 Utilities $ 57,000 Total Funds Budgeted $ 1,001,601 State Funds Budgeted $ 991,601 Total Positions Budgeted 65 11. Georgia Women's Correctional Institution Budget: Personal Services $ 1,309,190 Regular Operating Expenses $ 185,836 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 3,000 Computer Charges $ -0- Real Estate Rentals $ 1,400 Telecommunications $ 13,900 Per Diem, Fees and Contracts $ -0- Utilities $ 126,000 Total Funds Budgeted $ 1,641,426 State Funds Budgeted $ 1,641,426 Total Positions Budgeted 117 12. West Georgia Community Correctional Center Budget: Personal Services $ 1,543,000 Regular Operating Expenses $ 209,303 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 16,376 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ 17,400 Utilities $ 118,000 Total Funds Budgeted $ 1,919,179 State Funds Budgeted $ 1,919,179 Total Positions Budgeted 138 13. Georgia Earned Release Correctional Center Budget: Personal Services $ 2,484,611 Regular Operating Expenses $ 320,051 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 46,332 Computer Charges $ -0- Real Estate Rentals $ 660 Telecommunications $ 33,200 Per Diem, Fees and Contracts $ 12,000 Utilities $ -0- Payments to Central State Hospital for Utilities $ 175,500 Total Funds Budgeted $ 3,074,854 State Funds Budgeted $ 3,074,854 Total Positions Budgeted 219 14. Macon Community Correctional Center Budget: Personal Services $ 1,272,422 Regular Operating Expenses $ 163,339 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 6,150 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,300 Per Diem, Fees and Contracts $ 12,750 Utilities $ 126,000 Total Funds Budgeted $ 1,595,261 State Funds Budgeted $ 1,595,261 Total Positions Budgeted 129 15. Talmadge Memorial Hospital Unit Budget: Personal Services $ 220,000 Regular Operating Expenses $ 10,000 Travel $ 300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 230,300 State Funds Budgeted $ 230,300 Total Positions Budgeted 20 16. Central Institutional Administration Budget: Personal Services $ 368,600 Regular Operating Expenses $ 24,180 Travel $ 18,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ 5,400 Telecommunications $ 15,700 Per Diem, Fees and Contracts $ -0- Utilities $ 2,400 Total Funds Budgeted $ 435,580 State Funds Budgeted $ 435,580 Total Positions Budgeted 18 17. Central Funds Budget: Personal Services $ -0- Regular Operating Expenses $ 20,150 Travel $ 53,940 Motor Vehicle Equipment Purchases $ 591,200 Publications and Printing $ 110,400 Equipment Purchases $ 2,345 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 93,000 Utilities $ -0- Authority Lease Rentals $ 840,000 Overtime $ 30,000 Court Costs $ 200,000 Inmate Release Funds $ 360,000 County Subsidy $ 4,283,640 Outside Health Service Purchases $ 341,000 Payments to Talmadge Memorial Hospital $ 795,000 Central Repair Fund $ 450,000 Payments to Central State Hospital for Medical Services $ 600,000 Capital Outlay $ 500,000 Total Funds Budgeted $ 9,270,675 State Funds Budgeted $ 9,110,675 Total Positions Budgeted 0 18. Training and Staff Development Center Budget: Personal Services $ 230,500 Regular Operating Expenses $ 59,320 Travel $ 42,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 1,650 Computer Charges $ -0- Real Estate Rentals $ 24,000 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 27,000 Utilities $ 7,920 Total Funds Budgeted $ 400,890 State Funds Budgeted $ 188,440 Total Positions Budgeted 18 19. D.O.T. Work Details Budget: Personal Services $ 107,476 Regular Operating Expenses $ 3,672 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 111,148 State Funds Budgeted $ -0- Total Positions Budgeted 15 20. Food Processing and Distribution Budget: Personal Services $ 1,050,000 Regular Operating Expenses $ 2,812,033 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 122,464 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Payments to Central State Hospital for Meals $ 907,133 Payments to Central State Hospital for Utilities $ 7,500 Total Funds Budgeted $ 4,906,830 State Funds Budgeted $ 4,708,300 Total Positions Budgeted 101 21. Farm Operations Budget: Personal Services $ 325,055 Regular Operating Expenses $ 1,956,311 Travel $ -0- Motor Vehicle Equipment Purchases $ 104,000 Publications and Printing $ -0- Equipment Purchases $ 109,830 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 4,600 Utilities $ -0- Capital Outlay $ 81,000 Total Funds Budgeted $ 2,580,796 State Funds Budgeted $ 2,568,796 Total Positions Budgeted 25 22. Probation Operations Budget: Personal Services $ 5,787,748 Regular Operating Expenses $ 167,097 Travel $ 247,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,300 Equipment Purchases $ 68,090 Computer Charges $ -0- Real Estate Rentals $ 136,103 Telecommunications $ 113,500 Per Diem, Fees and Contracts $ -0- Utilities $ 5,400 Total Funds Budgeted $ 6,529,738 State Funds Budgeted $ 6,495,438 Total Positions Budgeted 453 23. Pre-release Centers Budget: Personal Services $ 1,535,000 Regular Operating Expenses $ 195,000 Travel $ 17,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 700 Equipment Purchases $ 6,500 Computer Charges $ -0- Real Estate Rentals $ 240,000 Telecommunications $ 31,000 Per Diem, Fees and Contracts $ 26,000 Utilities $ 140,000 Total Funds Budgeted $ 2,191,200 State Funds Budgeted $ 2,191,200 Total Positions Budgeted 133 24. Restitution/Adjustment Centers Budget: Personal Services $ 1,513,287 Regular Operating Expenses $ 254,762 Travel $ 16,050 Motor Vehicle Equipment Purchases $ 23,000 Publications and Printing $ 1,300 Equipment Purchases $ 57,780 Computer Charges $ -0- Real Estate Rentals $ 211,950 Telecommunications $ 31,000 Per Diem, Fees and Contracts $ 25,400 Utilities $ 81,000 Total Funds Budgeted $ 2,215,529 State Funds Budgeted $ 1,913,153 Total Positions Budgeted 146 25. Andromeda Center Budget: Personal Services $ 186,000 Regular Operating Expenses $ 61,020 Travel $ 3,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 27,300 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 12,000 Utilities $ 10,000 Total Funds Budgeted $ 303,720 State Funds Budgeted $ 121,488 Total Positions Budgeted 17 Budget Unit Object Classes: Personal Services $ 40,297,930 Regular Operating Expenses $ 9,731,963 Travel $ 519,100 Motor Vehicle Equipment Purchases $ 718,200 Publications and Printing $ 146,300 Equipment Purchases $ 885,390 Computer Charges $ 316,000 Real Estate Rentals $ 881,404 Telecommunications $ 580,250 Per Diem, Fees and Contracts $ 776,650 Utilities $ 2,436,220 Payments to Central State Hospital for Meals $ 907,133 Payments to Central State Hospital for Utilities $ 183,000 Overtime $ 30,000 Court Costs $ 200,000 Inmate Release Funds $ 360,000 County Subsidy $ 4,283,640 Outside Health Service Purchases $ 341,000 Payments to Talmadge Memorial Hospital $ 795,000 Central Repair Fund $ 450,000 Payments to Central State Hospital for Medical Services $ 600,000 Authority Lease Rentals $ 840,000 Capital Outlay $ 581,000 Total Positions Budgeted 3,367 Passenger Carrying Motor Vehicles 367 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. 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, $300,000 is designated and committed to renovate the bathrooms at Georgia State Prison, $200,000 is designated and committed to renovate the dormitory heating systems at Georgia State Prison and $81,000 is designated and committed for an irrigation system at Georgia State Prison. B. Budget Unit: Board of Pardons and Paroles $ 2,762,886 Board of Pardons and Paroles Budget: Personal Services $ 2,422,935 Regular Operating Expenses $ 62,250 Travel $ 137,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,551 Equipment Purchases $ 7,840 Computer Charges $ -0- Real Estate Rentals $ 60,460 Telecommunications $ 51,450 Per Diem, Fees and Contracts $ 11,200 Total Funds Budgeted $ 2,762,886 State Funds Budgeted $ 2,762,886 Total Positions Budgeted 181 Budget Unit Object Classes: Personal Services $ 2,422,935 Regular Operating Expenses $ 62,250 Travel $ 137,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,551 Equipment Purchases $ 7,840 Computer Charges $ -0- Real Estate Rentals $ 60,460 Telecommunications $ 51,450 Per Diem, Fees and Contracts $ 11,200 Total Positions Budgeted 181 Passenger Carrying Motor Vehicles 0 C. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 867,125 Regular Operating Expenses $ 364,250 Travel $ 23,250 Motor Vehicle Equipment Purchases $ 38,250 Publications and Printing $ 7,500 Equipment Purchases $ 782,000 Computer Charges $ -0- Real Estate Rentals $ 17,750 Telecommunications $ 25,500 Per Diem, Fees and Contracts $ 15,500 Cost of Sales $ 3,562,200 Repayment of Prior Year's Appropriations $ 100,000 Capital Outlay $ 255,000 Total Funds Budgeted $ 6,058,325 State Funds Budgeted $ -0- Total Positions Budgeted 56 Budget Unit Object Classes: Personal Services $ 867,125 Regular Operating Expenses $ 364,250 Travel $ 23,250 Motor Vehicle Equipment Purchases $ 38,250 Publications and Printing $ 7,500 Equipment Purchases $ 782,000 Computer Charges $ -0- Real Estate Rentals $ 17,750 Telecommunications $ 25,500 Per Diem, Fees and Contracts $ 15,500 Cost of Sales $ 3,562,200 Repayment of Prior Year's Appropriations $ 100,000 Capital Outlay $ 255,000 Total Positions Budgeted 56 Passenger Carrying Motor Vehicles 11

"GA1978.1.1308">

Section 36. Department of Public Safety. Budget Unit: Department of Public Safety $ 28,723,046 1. Office of Highway Safety Budget: Personal Services $ 285,474 Regular Operating Expenses $ 12,864 Travel $ 18,475 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,591 Equipment Purchases $ 8,985 Computer Charges $ 1,198 Real Estate Rentals $ 28,140 Telecommunications $ 11,167 Per Diem, Fees and Contracts $ 17,000 Postage $ 3,900 Total Funds Budgeted $ 392,794 State Funds Budgeted $ -0- Total Positions Budgeted 16 2. Administrative Support Budget: Personal Services $ 276,000 Regular Operating Expenses $ 28,587 Travel $ 5,090 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,500 Equipment Purchases $ 3,570 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 18,550 Per Diem, Fees and Contracts $ -0- Postage $ 275 Total Funds Budgeted $ 347,572 State Funds Budgeted $ 347,572 Total Positions Budgeted 13 3. Staff Support Budget: Personal Services $ 1,449,000 Regular Operating Expenses $ 807,595 Travel $ 53,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 73,200 Equipment Purchases $ 15,000 Computer Charges $ 22,325 Real Estate Rentals $ -0- Telecommunications $ 54,000 Per Diem, Fees and Contracts $ 6,370 Postage $ 175,000 Total Funds Budgeted $ 2,655,990 State Funds Budgeted $ 2,655,990 Total Positions Budgeted 103 4. Georgia State Patrol Budget: Personal Services $ 19,354,442 Regular Operating Expenses $ 2,430,746 Travel $ 113,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 714,000 Equipment Purchases $ 110,000 Computer Charges $ 1,700,000 Real Estate Rentals $ 2,500 Telecommunications $ 405,000 Per Diem, Fees and Contracts $ 20,000 Postage $ 155,000 Conviction Reports $ 170,000 Capital Outlay $ 75,000 Total Funds Budgeted $ 25,250,088 Indirect DOAS Services Funding $ 1,600,000 State Funds Budgeted $ 23,418,088 Total Positions Budgeted 1,224 5. Georgia Peace Officers Standards and Training Budget: Personal Services $ 400,150 Regular Operating Expenses $ 1,754,220 Travel $ 25,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,246 Equipment Purchases $ 3,800 Computer Charges $ -0- Real Estate Rentals $ 30,241 Telecommunications $ 12,760 Per Diem, Fees and Contracts $ 14,400 Postage $ 2,700 Total Funds Budgeted $ 2,266,117 State Funds Budgeted $ 1,527,120 Total Positions Budgeted 24 6. Police Academy: Personal Services $ 305,940 Regular Operating Expenses $ 103,290 Travel $ 5,460 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 21,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,100 Per Diem, Fees and Contracts $ 17,000 Postage $ 1,575 Total Funds Budgeted $ 474,365 State Funds Budgeted $ 389,865 Total Positions Budgeted 15 7. Fire Academy: Personal Services $ 164,198 Regular Operating Expenses $ 22,690 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 22,500 Computer Charges $ -0- Real Estate Rentals $ 15,182 Telecommunications $ 4,950 Per Diem, Fees and Contracts $ 86,000 Postage $ 3,500 Total Funds Budgeted $ 331,520 State Funds Budgeted $ 291,520 Total Positions Budgeted 10 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 71,726 Regular Operating Expenses $ 2,465 Travel $ 8,300 Motor Vehicle Equipment Purchases $ 5,700 Publications and Printing $ 1,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 900 Per Diem, Fees and Contracts $ 1,000 Postage $ 800 Total Funds Budgeted $ 92,891 State Funds Budgeted $ 92,891 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 22,306,930 Regular Operating Expenses $ 5,162,457 Travel $ 239,825 Motor Vehicle Equipment Purchases $ 5,700 Publications and Printing $ 846,037 Equipment Purchases $ 185,855 Computer Charges $ 1,723,523 Real Estate Rentals $ 76,063 Telecommunications $ 515,427 Per Diem, Fees and Contracts $ 161,770 Postage $ 342,750 Conviction Reports $ 170,000 Capital Outlay $ 75,000 Total Positions Budgeted 1,409 Passenger Carrying Motor Vehicles 894

"GA1978.1.1311">

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. It is the intent of this General Assembly that with regard to the above appropriation for Regular Operating Expenses, $1,665,000 is provided

"GA1978.1.1312">

for mandated peace officer training to include reimbursement only for tuition, room and board. Provided, further, that any excess of funds provided for this purpose may be used for advanced training for peace officers. Section 37. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 10,388,180 Departmental Operations Budget: Payments to Employees' Retirement System $ 150,000 Employer Contributions $ 10,238,180 Total Funds Budgeted $ 10,388,180 State Funds Budgeted $ 10,388,180 Budget Unit Object Classes: Payments to Employees' Retirement System $ 150,000 Employer Contributions $ 10,238,180 Section 38. Public Service Commission. Budget Unit: Public Service Commission $ 2,575,966 1. Administration Budget: Personal Services $ 572,500 Regular Operating Expenses $ 12,400 Travel $ 9,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,250 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 23,100 Per Diem, Fees and Contracts $ 2,200 Total Funds Budgeted $ 621,650 State Funds Budgeted $ 621,650 Total Positions Budgeted 26 2. Transportation Budget: Personal Services $ 645,000 Regular Operating Expenses $ 102,000 Travel $ 28,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,500 Equipment Purchases $ 31,100 Computer Charges $ -0- Real Estate Rentals $ 28,766 Telecommunications $ 16,800 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 859,166 State Funds Budgeted $ 859,166 Total Positions Budgeted 43 3. Utilities Budget: Personal Services $ 973,000 Regular Operating Expenses $ 42,000 Travel $ 59,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,800 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 9,800 Telecommunications $ 32,000 Per Diem, Fees and Contracts $ 50,000 Total Funds Budgeted $ 1,172,600 State Funds Budgeted $ 1,095,150 Total Positions Budgeted 58 Budget Unit Object Classes: Personal Services $ 2,190,500 Regular Operating Expenses $ 156,400 Travel $ 96,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,550 Equipment Purchases $ 34,200 Computer Charges $ -0- Real Estate Rentals $ 38,566 Telecommunications $ 71,900 Per Diem, Fees and Contracts $ 53,700 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 26

"GA1978.1.1314">

Provided, that of the above appropriation to the Utilities Budget, an amount not to exceed $175,000 is designated and committed for funding one Utilities Financial Specialist at pay grade 21, two Analyst II's at pay grade 19, three Analyst I's at pay grade 17 and one Engineer II at pay grade 19 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 and to perform other duties at the discretion of the Public Service Commission. Section 39. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 326,774,856 1. Resident Instruction Budget: Personal Services $ 290,021,940 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 94,558,544 Teachers' Retirement $ 24,300,000 Capital Outlay $ 2,000,000 Authority Lease Rentals $ 22,449,988 Total Funds Budgeted $ 433,330,472 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 283,740,172 Total Positions Budgeted 16,275 Provided, that from appropriated funds in A, the amount of $22,449,988 in F.Y. 1979 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 from the above appropriated amount for Capital Outlay, $2,000,000 is specifically appropriated for renovations and improvements of physical plant facilities. Provided, further, it is the intent of this General Assembly that the 1 1/2% Personal Services continuation factor incorporated into the Resident Instruction appropriation in this appropriations Act be utilized as necessary to establish a merit type salary schedule or schedules for nonacademic personnel, such schedule or schedules to reflect at least seven steps per grade and at least 4% increase between each step. 2. Marine Resources Extension Center Budget: Personal Services $ 304,584 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 195,716 Total Funds Budgeted $ 500,300 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 443,500 Total Positions Budgeted 24 3. Skidaway Institute of Oceanography Budget: Personal Services $ 1,022,671 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 1,113,182 Total Funds Budgeted $ 2,135,853 State Funds Budgeted $ 639,500 Total Positions Budgeted 32 4. Marine Institute Budget: Personal Services $ 228,940 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 126,644 Total Funds Budgeted $ 355,584 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 355,584 Total Positions Budgeted 11 5. Engineering Experiment Station Budget: Personal Services $ 12,706,662 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 4,413,306 Total Funds Budgeted $ 17,119,968 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 2,671,500 Total Positions Budgeted 294 6. Engineering Extension Division Budget: Personal Services $ 658,203 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 377,757 Total Funds Budgeted $ 1,035,960 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 309,600 Total Positions Budgeted 44 7. Agricultural Experiment Stations Budget: Personal Services $ 11,967,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 5,298,900 Total Funds Budgeted $ 17,265,900 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 11,229,000 Total Positions Budgeted 808 Provided, that of the above appropriation for the Agricultural Experiment Stations, $ 100,000 is for additional funding for technicians and laborers. 8. Cooperative Extension Service Budget: Personal Services $ 16,475,132 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 2,336,068 Capital Outlay $ 60,000 Total Funds Budgeted $ 18,871,200 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 10,664,500 Total Positions Budgeted 956 Provided, that of the above appropriation for the Cooperative Extension Service, $200,000 is for the purpose of filling currently frozen County Agricultural Agent positions and for one new Floriculturist position at Tifton. Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed for improvements at Rock Eagle 4-H Center. 9. Talmadge Memorial Hospital Budget: Personal Services $ 26,031,695 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 13,999,279 Total Funds Budgeted $ 40,030,974 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 15,886,400 Total Positions Budgeted 2,555 10. Veterinary Medicine Experiment Station Budget: Personal Services $ 499,528 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 335,572 Total Funds Budgeted $ 835,100 State Funds Budgeted $ 835,100 Total Positions Budgeted 31 Budget Unit Object Classes: Personal Services $ 359,916,355 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 122,754,968 Teachers' Retirement $ 24,300,000 Capital Outlay $ 2,060,000 Authority Lease Rentals $ 22,449,988 Total Positions Budgeted 21,030 B. Budget Unit: Regents Central Office $ 12,627,287 1. Regents Central Office Budget: Personal Services $ 1,896,089 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals $ 413,748 SREB Payments $ 2,309,000 Medical Scholarships $ 400,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,281,450 Special Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Office of Minority Business Enterprise $ 100,000 Total Funds Budgeted $ 11,350,287 State Funds Budgeted $ 11,350,287 Total Positions Budgeted 98 2. Family Practice Residency Program Budget: Personal Services $ 74,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals $ 87,500 Capitation Contracts for Family Practice Residency $ 875,000 New Program Development Contracts for Family Practice Residency $ 240,000 Total Funds Budgeted $ 1,277,000 State Funds Budgeted $ 1,277,000 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 1,970,589 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 501,248 SREB Payments $ 2,309,000 Medical Scholarships $ 400,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,281,450 Special Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Office of Minority Business Enterprise $ 100,000 Capitation Contracts for Family Practice Residency $ 875,000 New Program Development Contracts for Family Practice Residency $ 240,000 Total Positions Budgeted 101 Passenger Carrying Motor Vehicles 0

"GA1978.1.1322">

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $675 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, the one million dollar appropriation for the School of Medicine at Morehouse College shall be made available to the School of Medicine on or after July 1, 1978, provided that the School of Medicine receives provisional accreditation as a two-year program in basic medical sciences. Section 40. Department of Revenue. Budget Unit: Department of Revenue $ 23,945,737 1. Executive Administration Budget: Personal Services $ 698,000 County Tax Officials/Retirement and FICA $ 515,000 Regular Operating Expenses $ 136,000 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 190,000 Equipment Purchases $ 9,148 Computer Charges $ 7,500 Real Estate Rentals $ 8,300 Telecommunications $ 25,000 Per Diem, Fees and Contracts $ 6,000 Postage $ 200 Total Funds Budgeted $ 1,610,148 State Funds Budgeted $ 1,610,148 Total Positions Budgeted 39 2. Motor Vehicle Administration Budget: Personal Services $ 3,417,463 Regular Operating Expenses $ 201,950 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 188,500 Equipment Purchases $ 56,645 Computer Charges $ 1,288,537 Real Estate Rentals $ 20,000 Telecommunications $ 67,500 Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 1,964,000 Motor Vehicle Decal Purchases $ 340,000 Postage $ 865,000 Total Funds Budgeted $ 8,413,595 Indirect DOAS Services Funding $ 1,000,000 State Funds Budgeted $ 7,413,595 Total Positions Budgeted 305 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,964,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,700,000 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 $ 844,000 Regular Operating Expenses $ 30,160 Travel $ 53,000 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 56,000 Equipment Purchases $ 4,000 Computer Charges $ 435,800 Real Estate Rentals $ -0- Telecommunications $ 20,000 Per Diem, Fees and Contracts $ 46,000 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,450,000 Intangible Tax Equalization Fund $ -0- Postage $ 10,000 Total Funds Budgeted $ 2,958,960 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ 400,000 State Funds Budgeted $ 2,558,960 Total Positions Budgeted 58 Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein. 4. Sales Taxation Budget: Personal Services $ 950,989 Regular Operating Expenses $ 33,390 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 56,500 Equipment Purchases $ 750 Computer Charges $ 422,825 Real Estate Rentals $ -0- Telecommunications $ 22,400 Per Diem, Fees and Contracts $ -0- Postage $ 65,000 Total Funds Budgeted $ 1,554,854 Indirect DOAS Services Funding $ 400,000 State Funds Budgeted $ 1,154,854 Total Positions Budgeted 79 5. Motor Fuel Taxation Budget: Personal Services $ 424,350 Regular Operating Expenses $ 6,250 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,000 Equipment Purchases $ 1,995 Computer Charges $ 192,500 Real Estate Rentals $ -0- Telecommunications $ 12,400 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 667,995 Indirect DOAS Services Funding $ 155,000 State Funds Budgeted $ 512,995 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services $ 1,514,000 Regular Operating Expenses $ 104,700 Travel $ 2,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 230,000 Equipment Purchases $ 5,475 Computer Charges $ 1,370,000 Real Estate Rentals $ -0- Telecommunications $ 36,500 Per Diem, Fees and Contracts $ -0- Postage $ 150,000 Total Funds Budgeted $ 3,413,375 Indirect DOAS Services Funding $ 1,200,000 State Funds Budgeted $ 2,213,375 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,784,003 Regular Operating Expenses $ 184,920 Travel $ 40,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 2,790 Computer Charges $ 75,300 Real Estate Rentals $ 2,500 Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 5,000 Postage $ 2,300 Total Funds Budgeted $ 2,148,813 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 2,148,813 Total Positions Budgeted 112 8. Reciprocities and Research Budget: Personal Services $ 133,661 Regular Operating Expenses $ 23,220 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 165,381 State Funds Budgeted $ 165,381 Total Positions Budgeted 7 9. Central Audit Budget: Personal Services $ 1,544,000 Regular Operating Expenses $ 13,380 Travel $ 305,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 1,000 Computer Charges $ 4,000 Real Estate Rentals $ 8,500 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ -0- Postage $ 800 Total Funds Budgeted $ 1,899,680 State Funds Budgeted $ 1,899,680 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services $ 3,587,000 Regular Operating Expenses $ 61,900 Travel $ 237,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 9,050 Computer Charges $ 101,000 Real Estate Rentals $ 120,186 Telecommunications $ 100,000 Per Diem, Fees and Contracts $ 7,100 Postage $ 34,700 Total Funds Budgeted $ 4,267,936 State Funds Budgeted $ 4,267,936 Total Positions Budgeted 255 Budget Unit Object Classes: Personal Services $ 14,897,466 County Tax Officials/Retirement and FICA $ 515,000 Regular Operating Expenses $ 795,870 Travel $ 659,700 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 782,000 Equipment Purchases $ 90,853 Computer Charges $ 3,897,462 Real Estate Rentals $ 159,486 Telecommunications $ 341,800 Per Diem, Fees and Countracts $ 64,100 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,450,000 Motor Vehicle Tag Purchases $ 1,964,000 Motor Vehicle Decal Purchases $ 340,000 Intangible Tax Equalization Fund $ -0- Postage $ 1,128,000 Total Positions Budgeted 1,083 Passenger Carrying Motor Vehicles 111

"GA1978.1.1328">

Section 41. Secretary of State. Budget Unit: Secretary of State $ 9,002,805 1. Occupational Certification Budget: Personal Services $ 1,959,378 Regular Operating Expenses $ 833,962 Travel $ 98,220 Motor Vehicle Equipment Purchases $ 41,700 Publications and Printing $ 156,196 Equipment Purchases $ 38,128 Computer Charges $ 20,000 Real Estate Rentals $ 43,150 Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 386,851 Total Funds Budgeted $ 3,647,585 State Funds Budgeted $ 3,569,743 Total Positions Budgeted 150 Occupational Certification Functional Budgets State Funds Cost of Operations Pos. Accounting $ 143,512 $ 247,927 2 Architect $ 33,664 $ 47,575 1 Athletic Trainers $ 1,500 $ 1,950 0 Auctioneers $ 5,700 $ 7,536 0 Barbers $ 88,647 $ 119,807 6 Chiropractic $ 5,330 $ 7,384 0 Cosmetology $ 209,375 $ 262,736 13 Dentistry $ 102,100 $ 161,040 3 Electrical Contractor $ 77,444 $ 98,290 3 Engineers $ 199,268 $ 278,836 6 Forestry $ 5,480 $ 15,685 0 Funeral Service $ 56,245 $ 72,395 3 Geology $ 12,750 $ 19,978 0 Hearing Aid $ 3,750 $ 10,944 0 Landscape Architect $ 5,950 $ 7,124 0 Librarians $ 100 $ 5,574 0 Marriage and Family Counselors $ 8,475 $ 11,485 0 Medical Examiners $ 336,728 $ 507,278 11 Nursing Home Administrators $ 21,598 $ 32,424 1 Board of Nursing $ 208,000 $ 379,246 12 Dispensing Opticians $ 5,080 $ 8,090 0 Optometry $ 9,077 $ 12,565 0 Occupational Therapy $ 4,860 $ 6,218 0 Pest Control $ 21,462 $ 29,940 3 Pharmacy $ 71,752 $ 210,000 3 Physical Therapy $ 16,550 $ 20,952 0 Plumbing Contractors $ 26,319 $ 39,861 1 Podiatry $ 2,950 $ 4,049 0 Polygraph Examiners $ 2,520 $ 3,770 0 Practical Nursing $ 94,932 $ 136,700 3 Private Detective $ 93,465 $ 120,809 7 Psychologists $ 6,788 $ 16,037 0 Real Estate $ 657,065 $ 718,297 26 Recreation $ 3,130 $ 4,010 0 Sanitarian $ 1,880 $ 8,119 0 Speech Pathology $ 3,660 $ 16,321 0 Used Car Dealers $ 38,614 $ 52,818 2 Used Car Parts $ 7,300 $ 10,604 0 Veterinary $ 15,067 $ 27,033 0 Warm Air and Heating Contractors $ 20,315 $ 24,499 0 Wastewater $ 21,711 $ 26,298 0 Well Water $ 2,500 $ 3,250 0 Administration $ 540,488 25 Investigative $ 376,642 21 Total $ 3,569,743 $ 3,795,454 150

"GA1978.1.1331">

2. Securities Regulation Budget: Personal Services $ 292,500 Regular Operating Expenses $ 15,180 Travel $ 6,500 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 2,500 Equipment Purchases $ 2,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 330,180 State Funds Budgeted $ 324,625 Total Positions Budgeted 16 3. Corporations Regulation Budget: Personal Services $ 317,000 Regular Operating Expenses $ 42,695 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 12,400 Computer Charges $ 30,000 Real Estate Rentals $ 38,600 Telecommunications $ 9,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 457,695 State Funds Budgeted $ 457,695 Total Positions Budgeted 27 4. Drugs and Narcotics Budget: Personal Services $ 306,800 Regular Operating Expenses $ 30,000 Travel $ 21,850 Motor Vehicle Equipment Purchases $ 8,600 Publications and Printing $ 300 Equipment Purchases $ 9,825 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,800 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 382,175 State Funds Budgeted $ 382,175 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services $ 1,122,913 Regular Operating Expenses $ 126,210 Travel $ 28,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,100 Equipment Purchases $ 60,000 Computer Charges $ -0- Real Estate Rentals $ 28,800 Telecommunications $ 32,800 Per Diem, Fees and Contracts $ 3,900 Authority Lease Rentals $ 1,000,000 Total Funds Budgeted $ 2,419,723 State Funds Budgeted $ 2,419,723 Total Positions Budgeted 81 6. General Services Budget: Personal Services $ 524,000 Regular Operating Expenses $ 59,415 Travel $ 1,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 132,000 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,500 Per Diem, Fees and Contracts $ 16,500 Total Funds Budgeted $ 755,315 State Funds Budgeted $ 755,315 Total Positions Budgeted 37 7. Internal Administration Budget: Personal Services $ 491,000 Regular Operating Expenses $ 106,230 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 80,000 Equipment Purchases $ 3,000 Computer Charges $ 250 Real Estate Rentals $ 3,600 Telecommunications $ 10,500 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 704,580 State Funds Budgeted $ 704,580 Total Positions Budgeted 30 8. Bicentennial Commission Budget: Personal Services $ 40,951 Regular Operating Expenses $ 28,750 Travel $ 2,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 2,820 Telecommunications $ 1,250 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 78,321 State Funds Budgeted $ 78,321 Total Positions Budgeted 2 9. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 81,328 Regular Operating Expenses $ 13,060 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,324 Equipment Purchases $ 1,211 Computer Charges $ -0- Real Estate Rentals $ 4,985 Telecommunications $ 4,180 Per Diem, Fees and Contracts $ 12,100 Total Funds Budgeted $ 140,188 State Funds Budgeted $ 140,188 Total Positions Budgeted 4 10. Elections and Campaign Disclosure Budget: Personal Services $ 140,500 Regular Operating Expenses $ 13,840 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,500 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 170,440 State Funds Budgeted $ 170,440 Total Positions Budgeted 9 Budget Unit Object Classes: Personal Services $ 5,276,370 Regular Operating Expenses $ 1,269,342 Travel $ 180,120 Motor Vehicle Equipment Purchases $ 55,300 Publications and Printing $ 418,420 Equipment Purchases $ 133,064 Computer Charges $ 50,250 Real Estate Rentals $ 121,955 Telecommunications $ 159,030 Per Diem, Fees and Contracts $ 422,351 Authority Lease Rentals $ 1,000,000 Total Positions Budgeted 371 Passenger Carrying Motor Vehicles 56

"GA1978.1.1335">

Section 42. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 13,690,280 1. Internal Administration Activity Budget: Personal Services $ 866,307 Regular Operating Expenses $ 75,901 Travel $ 24,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,400 Equipment Purchases $ 10,242 Computer Charges $ 99,130 Real Estate Rentals $ 67,192 Telecommunications $ 25,200 Per Diem, Fees and Contracts $ 63,315 Total Funds Budgeted $ 1,245,587 State Funds Budgeted $ -0- Total Positions Budgeted 60 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 406,000 Total Funds Budgeted $ 406,000 State Funds Budgeted $ 338,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 3,105,000 Tuition Equalization Grants $ 8,368,400 State Student Incentive Scholarships $ 3,175,374 North Georgia College ROTC Grants $ 60,000 Total Funds Budgeted $ 14,708,774 State Funds Budgeted $ 13,312,280 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 $ 866,307 Regular Operating Expenses $ 75,901 Travel $ 24,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,400 Equipment Purchases $ 10,242 Computer Charges $ 99,130 Real Estate Rentals $ 67,192 Telecommunications $ 25,200 Per Diem, Fees and Contracts $ 63,315 Payment of Interest and Fees $ 406,000 Direct Guaranteed Loans $ 3,105,000 Tuition Equalization Grants $ 8,368,400 State Student Incentive Scholarships $ 3,175,374 Law Enforcement Personnel Dependents Scholarships $ 40,000 North Georgia College ROTC Grants $ 60,000 Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 1

"GA1978.1.1337">

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, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of direct guaranteed cancellable loans to students. Provided, that the above appropriated amount relative to Direct Guaranteed Loans shall otherwise be used to provide guaranteed loans to students as provided for in Georgia Laws 1969, p. 683, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions relative to cancellable loans set forth in Georgia Laws 1969, p. 683, as amended, and Georgia Laws 1965, p. 210, as amended, to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of providing cancellable loans to students in critical paramedical, professional and educational fields of study approved for this purpose by the State Scholarship Commission pursuant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard as provided for in Georgia Laws 1977, p. 739, as amended; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $20,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers; and (e) an amount not to exceed $500,000 is designated and committed for the

"GA1978.1.1338">

purpose of providing cancellable loans to economically disadvantaged students as provided for in House Bill 1463 enacted at the 1978 Session of the General Assembly of Georgia. Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, such funds as may be necessary shall be used to pay an interest subsidy discount of 1.5% to lenders, other than educational institution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation dispersed during fiscal year 1978-1979. Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of paying interest and special allowance payments to lenders within thirty days after the end of each calendar quarter. Provided that, the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year to undergraduate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and contemplates continuation of payment of the grant during the 1979 summer school term. 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 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

"GA1978.1.1339">

shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other post-secondary educational institutions unless summer period study is part of the typical academic year of such institution. Provided, that of the above 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. Section 43. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 599,284 1. Soil and Water Conservation Central Office Budget: Personal Services $ 241,423 Regular Operating Expenses $ 27,279 Travel $ 29,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,200 Equipment Purchases $ 8,234 Computer Charges $ -0- Real Estate Rentals $ 14,336 Telecommunications $ 7,800 Per Diem, Fees and Contracts $ 116,286 Total Funds Budgeted $ 459,458 State Funds Budgeted $ 459,458 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 80,613 Regular Operating Expenses $ 11,200 Travel $ 6,800 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ -0- Equipment Purchases $ 7,213 Computer Charges $ -0- Real Estate Rentals $ 3,500 Telecommunications $ 1,500 Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 139,826 State Funds Budgeted $ 139,826 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 322,036 Regular Operating Expenses $ 38,479 Travel $ 36,700 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 14,200 Equipment Purchases $ 15,447 Computer Charges $ -0- Real Estate Rentals $ 17,836 Telecommunications $ 9,300 Per Diem, Fees and Contracts $ 136,286 Total Positions Budgeted 17 Passenger Carrying Motor Vehicles 2

"GA1978.1.1340">

Section 44. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 4,477,700 Departmental Operations Budget: Personal Services $ 951,923 Regular Operating Expenses $ 78,470 Travel $ 22,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 12,000 Computer Charges $ 315,000 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 89,100 Floor Fund for Local Retirement Systems $ 760,000 Employer Contributions $ 3,717,700 Total Funds Budgeted $ 5,997,193 State Funds Budgeted $ 4,477,700 Total Positions Budgeted 60 Budget Unit Object Classes: Personal Services $ 951,923 Regular Operating Expenses $ 78,470 Travel $ 22,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 12,000 Computer Charges $ 315,000 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 89,100 Floor Fund for Local Retirement Systems $ 760,000 Employer Contributions $ 3,717,700 Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 0

"GA1978.1.1341">

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 45. Department of Transportation. Budget Unit: Department of Transportation $ 291,647,089 1. Planning and Construction Budget: Personal Services $ 56,152,750 Regular Operating Expenses $ 3,343,437 Travel $ 1,201,047 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 198,750 Equipment Purchases $ 97,600 Computer Charges $ -0- Real Estate Rentals $ 33,200 Telecommunications $ 488,037 Per Diem, Fees and Contracts $ 4,127,850 Capital Outlay $ 207,780,017 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 273,422,688 State Funds Budgeted $ 115,122,961 Total Positions Budgeted 3,402 2. Maintenance and Betterments Budget: Personal Services $ 37,588,422 Regular Operating Expenses $ 24,571,287 Travel $ 202,655 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,850 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 63,550 Per Diem, Fees and Contracts $ 1,192,700 Capital Outlay $ 50,357,817 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 113,982,281 State Funds Budgeted $ 112,817,495 Total Positions Budgeted $ 3,514 3. Authorities Budget: Authority Lease Rentals $ 24,636,594 State of Georgia General Obligation Debt Sinking Fund $ 3,732,759 Total Funds Budgeted $ 28,369,353 State Funds Budgeted $ 28,369,353 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 2,296,758 Equipment Purchases $ 721,900 Capital Outlay $ 315,428 Total Funds Budgeted $ 3,334,086 State Funds Budgeted $ 3,234,086 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 $ 5,878,900 Regular Operating Expenses $ 2,702,030 Travel $ 99,349 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 233,400 Equipment Purchases $ -0- Computer Charges $ 1,204,000 Real Estate Rentals $ -0- Telecommunications $ 302,000 Per Diem, Fees and Contracts $ 200,000 Total Funds Budgeted $ 10,619,679 State Funds Budgeted $ 10,619,679 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 $ 395,444 Capital Outlay - Appalachian Highway $ 5,835,143 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Georgia Road Improvement Program $ 5,000,000 Paving State Parks and Historic Sites $ 300,000 Maintenance and Betterments Capital Outlay - Rehabilitation Off-System $ 16,000,000 Capital Outlay - Rehabilitation On-System $ 1,200,000 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. Provided, that of the above appropriation relative to Capital Outlay, $10,000 is designated and committed for signing the Presidential Route. 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. Laws 1965, p. 458), as amended. Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. 8. Air Transportation Budget: Personal Services $ 347,000 Regular Operating Expenses $ 295,000 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 6,000 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 667,501 State Funds Budgeted $ 367,501 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 341,801 Regular Operating Expenses $ 11,850 Travel $ 12,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,500 Equipment Purchases $ 800 Computer Charges $ 20,000 Real Estate Rentals $ -0- Telecommunications $ 8,600 Per Diem, Fees and Contracts $ 182,000 Capital Outlay - Airport Development $ 300,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Mass Transit Grants $ 337,000 Total Funds Budgeted $ 2,232,001 State Funds Budgeted $ 2,232,001 Total Positions Budgeted 19 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 $ 100,308,873 Regular Operating Expenses $ 30,923,604 Travel $ 1,530,501 Motor Vehicle Equipment Purchases $ 2,296,758 Publications and Printing $ 455,700 Equipment Purchases $ 826,300 Computer Charges $ 1,224,000 Real Estate Rentals $ 33,201 Telecommunications $ 865,987 Per Diem, Fees and Contracts $ 5,703,050 Capital Outlay $ 258,453,262 Mass Transit Grants $ 337,000 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 250,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 24,636,594 Capital Outlay - Airport Development $ 300,000 State of Georgia General Obligation Debt Sinking Fund $ 3,732,759 Capital Outlay - Airport Operational Improvements $ 1,000,000 Total Positions Budgeted $ 7,273 Passenger Carrying Motor Vehicles $ 2,650

"GA1978.1.1349">

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 10% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia. Provided, that the entire amount of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah. Provided, 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. Section 46. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 7,169,627 1. Veterans Assistance Budget: Personal Services $ 2,150,835 Regular Operating Expenses $ 77,700 Travel $ 62,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,700 Equipment Purchases $ 4,058 Computer Charges $ 100 Real Estate Rentals $ 27,342 Telecommunications $ 46,000 Per Diem, Fees and Contracts $ 6,000 Grants to Confederate Widows $ 9,300 Total Funds Budgeted $ 2,404,035 State Funds Budgeted $ 2,144,535 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ 312,000 Equipment Purchases $ 25,000 Operating Expenses/Payments to Central State Hospital $ 4,581,828 Total Funds Budgeted $ 4,918,828 State Funds Budgeted $ 3,737,141 3. Veterans Nursing Home - Augusta Budget: Operating Expense/Payments to Medical College of Georgia $ 1,958,638 Total Funds Budgeted $ 1,958,638 State Funds Budgeted $ 1,287,951 Budget Unit Object Classes: Personal Services $ 2,150,835 Regular Operating Expenses $ 77,700 Travel $ 62,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,700 Equipment Purchases $ 29,058 Computer Charges $ 100 Real Estate Rentals $ 27,342 Telecommunications $ 46,000 Per Diem, Fees and Contracts $ 6,000 Capital Outlay $ 312,000 Grants to Confederate Widows $ 9,300 Operating Expense/Payments to Central State Hospital $ 4,581,828 Operating Expense/Payments to Medical College of Georgia $ 1,958,638 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1

"GA1978.1.1351">

Section 47. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board $ 2,551,825 1. Workmen's Compensation Administration Budget: Personal Services $ 1,951,200 Regular Operating Expenses $ 116,800 Travel $ 29,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment Purchases $ 5,225 Computer Charges $ 110,000 Real Estate Rentals $ 58,641 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 56,000 Total Funds Budgeted $ 2,410,866 State Funds Budgeted $ 2,410,866 Total Positions Budgeted 119 2. Vocational Rehabilitation Budget: Personal Services $ 125,987 Regular Operating Expenses $ 3,772 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 140,959 State Funds Budgeted $ 140,959 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 2,077,187 Regular Operating Expenses $ 120,572 Travel $ 39,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,000 Equipment Purchases $ 5,425 Computer Charges $ 110,000 Real Estate Rentals $ 58,641 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 56,000 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 0

"GA1978.1.1352">

Section 48. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 32,488,616 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 1,000,000 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. Section 49 . In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated, to be effective July 1, 1978, $31,200,000 for salary increases for State employees, of which $107,000 is for the Department of Audits, $44,300 is for the Supreme Court, $45,600 is for the Court of Appeals,

"GA1978.1.1353">

$392,000 is for the Georgia Building Authority, $1,500 is for the Sentence Review Panel, $8,000 is for the Prosecuting Attorneys' Council, $10,600 is for the Administrative Office of the Courts and $2,100 is for the Council of Juvenile Court Judges. For the University System employees, there is hereby appropriated $24,930,125 based on an eight and one-half percent (8 1/2%) salary increase to be effective on July 1, 1978, for nonacademic personnel and fiscal year contracted personnel, and September 1, 1978, for academic year contracted personnel. Section 50 . In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $940,965 to increase the mileage reimbursement rate for privately owned vehicles from twelve cents ($. 12) per mile to fifteen cents ($. 15) per mile, to be effective July 1, 1978. Section 51 . In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $2,662,450 to fund the Space Management Act of the 1976 Session of the General Assembly, to be effective July 1, 1978. Section 52 . It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Markets) and the Georgia Building Authority (Hospital) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1979 and thereafter.

"GA1978.1.1354">

Section 53. The Federal General Revenue Sharing and Anti-Recession Fiscal Assistance Funds contemplated in this Act shall be applied to the appropriations of the Department of Education and Regents, University System of Georgia for the line item Teacher Retirement. The proportion of such Federal Funds to be allocated to the Department of Education and Regents, University System of Georgia shall be determined by the Office of Planning and Budget. Section 54. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business. Section 55. It is the intent of this General Assembly that to the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.

"GA1978.1.1355">

It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 56. 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 57. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 58. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds.

"GA1978.1.1356">

Section 59. 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 60. 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, 1978, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds. Section 61. 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

"GA1978.1.1357">

in the Budget Report submitted to the General Assembly at the 1978 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 1979, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 62. 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

"GA1978.1.1358">

the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1979 submitted to the General Assembly at the 1978 regular session. Section 63. It is the intent of the General Assembly that for the purposes of this Act, (1) Passenger-carrying motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use, a substantial portion of which is for the primary purpose of transporting one or more people, and (2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles. Section 64. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 65. TOTAL APPROPRIATIONS F.Y. 1979 $ 2,379,691,195. Section 66. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 67. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1978.

"GA1978.1.1359">

STATE BOARD OF FUNERAL SERVICESLICENSE FEES. No. 1199 (House Bill No. 1574). AN ACT To amend an Act creating the State Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 377), so as to provide that the State Board of Funeral Service will set the amount for all license fees and renewals received by the Board; to change additional provisions relating to licenses and fees; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 377), is hereby amended by striking from the last sentence of subsection (4) of Section 9 the following: shall at no time exceed the sum of $5 annually, and, so that when so amended, subsection (4) of Section 9 shall read as follows: (4) Each apprentice, upon commencing his apprenticeship, shall register as an apprentice with the Joint Secretary and pay such fee as may be fixed by the Board. He shall notify the Board immediately

"GA1978.1.1360">

upon completion of his apprenticeship and as evidence thereof, submit to the Board a sworn affidavit signed by the licensed embalmer or funeral director under whom such apprenticeship was served. The fee for registration of an apprentice shall be paid and dispersed as other fees provided for under the terms of this Act. Section 2. Said Act is further amended by striking from the first sentence of subsection (1) of Section 10 the following: , but which shall not exceed the sum of fifty dollars, so that when so amended, subsection (1) of Section 10 shall read as follows: (1) Any eligible person may make written application to the Board upon forms to be prescribed and furnished by the Board, stating under oath his qualifications, and such application shall be accompanied by a fee to be fixed and prescribed by the Board. If the application shall be found in proper form and it shall appear that the applicant is possessed of the necessary qualifications, the Board shall so notify the applicant. The applicant shall present himself before the Board at a duly organized meeting thereof for examination by said Board as to his knowledge of funeral directing or embalming, as the case may be, and of all subjects necessary and pertinent thereto, such subjects to be prescribed and determined by the Board. Section 3. Said Act is further amended by striking from the second sentence of Section 12 the following: , but which shall not exceed the sum of five dollars for each such renewal, so that when so amended, Section 12 shall read as follows: Section 12. Expiration of license. Renewal. Exemption of service personnel.Each license issued by the Board shall expire on the 31st day of December of the year in which issued. If the licensee shall desire a renewal of such license for the succeeding year, the Board shall grant and issue the same without further examination, upon application therefor and upon the payment by said licensee of a renewal fee to be fixed by the Board. Applications for renewals of

"GA1978.1.1361">

licenses and the payment of the renewal fee shall be made on or before March 1st of each year. If a licensed funeral director or embalmer of the State of Georgia fails to apply for a renewal license within a period of three years after the expiration of his license, he may obtain a renewal of such license without an examination, but shall be held to the same requirements as to the payment of fees as are persons who have not previously been licensed as such in this State. In the event the license of any licensed embalmer or funeral director has expired while he has been on active duty with any branch of the armed forces of the United States, or the militia of this State called into active service or training by the United States of America, or while in training or education under the supervision of the United States preliminary to induction into the military or naval service, such person shall be entitled to have his license renewed at the regular renewal fees, within one year after the termination of such service, training or education other than by dishonorable discharge, provided he furnishes the Board with an affidavit as to such service and its termination, to which affidavit shall be attached either a photostatic or certified copy of his discharge. Section 4. Said Act is further amended by striking from the third sentence of Section 18A the following: of $5.00, and inserting in lieu thereof the following: prescribed by the Board, so that when so amended, Section 18A shall read as follows: Section 18A. On or before the first Monday in July of each year, the owner, owners, or proprietors of every funeral establishment shall make application to the State Board of Funeral Service to renew their license on a form prescribed by said Board. The application shall show the name of the funeral establishment, the names and addresses of the owner, owners or officers and directors of any corporation thereof, and the names of all licensed embalmers and funeral directors employed by such funeral establishment, or otherwise connected therewith, together with the date of issue and number of the licenses of each registered embalmer and funeral director. If the license fee prescribed by the Board has been paid and

"GA1978.1.1362">

the funeral establishment meets the other requirements of this Act, the Board shall issue a license to cover the operation of the funeral establishment for the next ensuing twelve months. Otherwise it shall be unlawful for any funeral establishment to operate in this State. Any such person must present in person certificates from the above mentioned officials showing registration as aforesaid, before an occupational license may be applied for or procured from any city, State or county official having jurisdiction of the issuance of occupational licenses. Section 5. This Act shall become effective July 1, 1978. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED. No. 1200 (House Bill No. 1579). AN ACT To amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 316), 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. Laws 1964, p. 338), as

"GA1978.1.1363">

amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 316), is hereby amended by adding in subsection (d), after the following: license to practice medicine, the following: or a license to practice dentistry, so that when so amended, said subsection (d) shall read as follows: (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 or a license to practice dentistry 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 April 3, 1978.

"GA1978.1.1364">

STATE AND LOCAL HOUSING AUTHORITIESPUBLIC MEETINGS. No. 1201 (House Bill No. 1581). AN ACT To amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. Laws 1972, p. 575), so as to provide that said Act shall apply to all State or local housing authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that all meetings of any State department, agency, board, bureau, commission or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. Laws 1972, p. 575), is hereby amended by adding in Section 1(a), after the words political subdivision, the following: and any State or local housing authority, so that when so amended subsection (a) of Section 1 shall read as follows: (a) All meetings of any State department, agency, board, bureau, commission or political subdivision and the governing authority or any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education or other political subdivision, and any State or local housing authority at which official actions are to be taken are hereby declared to be public meetings and shall be open to the public at all

"GA1978.1.1365">

times. No resolution, rule, regulation or formal action shall be binding except as taken or made at such meetings. Any action contesting a resolution, rule, regulation or formal action on the ground of noncompliance with this law must be commenced within 90 days of the date the resolution, rule or regulation was passed or the formal action was taken. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. CHANGE OF NAMECONSENT OF AND SERVICE ON PARENTS OF MINORS. Code Section 79-501 Amended. No. 1202 (House Bill No. 1584). AN ACT To amend Code Section 79-501, relating to change of name, so as to change the requirement of consent as to the change of name of a minor child; to change certain provisions relating to notice of proceedings to change the name of a minor child; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 79-501, relating to change of name, is hereby amended by inserting in said Code Section after the words shall be filed with the petition, the following: , except that the written consent of a parent shall not be required if the parent has not contributed to the support of the child for a continuous period of five years or more immediately preceding the filing of the petition,

"GA1978.1.1366">

and by inserting in said Section after the words shall be made in person, the following: , except that, if the location or address of the parent is unknown, service of the petition on the parent shall be made by publication as provided herein, 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 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, except that the written consent of a parent shall not be required if the parent has not contributed to the support of the child for a continuous period of five years or more immediately preceding the filing of 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, except that, if the location or address of the parent is unknown, service of the petition on the parent shall be made by publication as provided herein. 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.

"GA1978.1.1367">

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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDSCHOOL BUSES. No. 1203 (House Bill No. 1587). AN ACT To amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 586), and by an Act approved March 25, 1974 (Ga. Laws 1974, p. 633), so as to change the equipment requirements for buses used for the transportation of school children; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1368">

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. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 586), and by an Act approved March 25, 1974 (Ga. Laws 1974, p. 633), is hereby amended by striking subsection (g)(1) of Section 89 in its entirety and substituting in lieu thereof a new subsection (g)(1), to read as follows: (1) There shall be an emergency door located either at the rear of the body or at the side of the body opposite from the side on which the students normally board, so as to provide an emergency exit. Said door shall be operative from both the interior and exterior of said bus at all times. Section 2. Said Act is further amended by striking subsection (g)(6) of Section 89 in its entirety and substituting in lieu thereof a new subsection (g)(6), to read as follows: (6) The exhaust system of said buses shall carry exhaust gases from the engine to a discharge point into the atmosphere which shall be beyond the rear wheel and extend to a point where exhaust gases can be safely discharged or beyond the back bumper of the bus. This system shall be maintained free of leaks. 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 3, 1978.

"GA1978.1.1369">

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDED. No. 1204 (House Bill No. 1591). AN ACT To amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended by an Act approved January 23, 1975 (Ga. Laws 1975, p. 3), an Act approved April 17, 1975 (Ga. Laws 1975, p. 516), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1202), an Act approved March 24, 1976 (Ga. Laws 1976, p. 642), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1513), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1523), an Act approved March 23, 1977 (Ga. Laws 1977, p. 807), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), so as to provide that certain courts shall have jurisdiction to try persons charged with operating a motor vehicle without insurance; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended by an Act approved January 23, 1975 (Ga. Laws 1975, p. 3), an Act approved April 17, 1975 (Ga. Laws 1975, p. 516), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1202), an Act approved March 24, 1976 (Ga. Laws 1976, p. 642), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1513), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1523), an Act approved March 23, 1977 (Ga. Laws 1977, p. 807), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), is hereby amended by adding at the end of Section 14 of that Act the following: Notwithstanding any law to the contrary, any person charged with a misdemeanor as provided in this Section may be tried in any recorder's, mayor's or police courts of any municipality if the offense occurred within the corporate limits of that municipality. Those courts are hereby granted the jurisdiction to try and dispose

"GA1978.1.1370">

of such cases. The jurisdiction of those 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 arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of the municipality. Any defendant charged with a misdemeanor as provided in this Section shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county where the alleged offense occurred. Nothing in this Section 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 April 3, 1978. SUPERIOR COURT JUDGESREIMBURSEMENT OF CERTAIN TRAVEL EXPENSES AUTHORIZED. No. 1205 (House Bill No. 1623). AN ACT To amend Code Chapter 24-26, relating to judges of the superior courts, as amended, so as to authorize judges of the superior courts to accept reimbursement of expenses incurred while attending any educational seminars, schools and programs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 24-26, relating to judges of the superior courts, as amended, is hereby amended by adding thereto a new Code Section, to be designated as Code Section 24-2606.3, to read as follows:

"GA1978.1.1371">

24-2606.3. Expenses for attendance at educational programs.The provisions of Code Section 24-2606 or any other law to the contrary notwithstanding, the judges of the superior courts of this State are hereby authorized to accept reimbursement of expenses incurred not to exceed more than (5) five days annually while attending any educational seminars, schools and programs, regardless of the source from which such reimbursement is made provided that the source is from a governmental entity. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. HOSPITALSTIME FOR FILING LIENS. No. 1206 (House Bill No. 1628). AN ACT To amend an Act providing the procedures for the creation of liens in behalf of hospitals, approved December 14, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 105), as amended by an Act approved March 10, 1977 (Ga. Laws 1977, p. 277), so as to extend the time for filing liens' 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. Laws 1953, Nov.-Dec. Sess., p. 105), as amended by an Act approved March 10, 1977 (Ga. Laws 1977, p. 277), is hereby amended by striking the word ten in the first sentence of Section 2 and inserting in lieu thereof the word thirty, so that when so amended, Section 2 shall read as follows:

"GA1978.1.1372">

Section 2. In order to perfect such lien, the operator of such hospital, before, or within thirty days after, such person shall have been discharged therefrom, shall file in the office of the clerk of the superior court of the county in which such hospital shall be located and in the county wherein the patient resides, if a resident of this State, a verified statement setting forth the name and address of such patient, as it shall appear on the records of such hospital, the name and location of such hospital and the name and address of the operator thereof, the dates of admission and discharge of such patient therefrom, the amount claimed to be due for such hospital care, and, to the best of claimant's knowledge, the names and addresses of all persons, firms or corporations claimed by such injured person, or the legal representative of such person, to be liable for damages arising from such injuries; such claimant shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm or corporation so claimed to be liable for such damages to the address as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms or corporations liable for such damages whether or not they are named in such claim or lien. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA RECORDS ACT AMENDED. No. 1207 (House Bill No. 1638). AN ACT To amend an Act known as the Georgia Records Act, approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, so as to provide for definitions; to provide a means for local governments to establish records, management programs and retention schedules;

"GA1978.1.1373">

to provide a means for courts to establish retention schedules; to grant to the State Records Committee the authority to receive and approve retention schedules submitted by local governments and courts; to clarify the duties of State agencies in writing retention schedules; to provide 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 Records Act, approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, is hereby amended by striking Section 3, which reads as follows: Section 3. There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules submitted by agency heads through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authoritative, directive and have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Section. and inserting in lieu thereof the following: Section 3. (a) There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules submitted by agency heads, school boards, county governments and municipal governments through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authoritative, directive and have the force and effect of law. A retention schedule may be

"GA1978.1.1374">

determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Section. (b) The Supreme Court may, by rule of the court, provide for retention schedules for court records. The State Records Committee may recommend retention schedules for court records to the Supreme Court. The destruction of court records by retention schedule shall not be construed as affecting the status of that court as a court of record. Section 2. Said Act is further amended by striking from the first sentence of subsection (e) of Section 5 of said Act the following: disposition standard, and inserting in lieu thereof the following: retention schedule, and by striking from said sentence the following: standards, and inserting in lieu thereof the following: schedules, so that when so amended subsection (e) of Section 5 shall read as follows: (e) Submit to the Department, in accordance with the rules and regulations of the Department, a recommended retention schedule for each record series in its custody, except that schedules for common-type files may be established by the Department. No records will be scheduled for permanent retention in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records requiring

"GA1978.1.1375">

retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation. Section 3. Said Act is further amended by striking Section 11, which reads as follows: Section 11. Local governments are hereby authorized by appropriate resolution or ordinance of the governing authority to adopt and utilize the State rules and regulations as a basis for establishing a records management program. Any court in this State is hereby authorized to adopt and utilize the State rules and regulations as a basis for the conduct of a records management program. No records in the custody of any court in this State shall be aliened or destroyed except in accordance with the provisions of this Act., and inserting in lieu thereof the following: Section 11. (a) County and municipal governments and school boards may: (1) adopt and utilize State rules and regulations as a basis for establishing a records management program; or (2) submit to the State Records Committee proposed retention schedules for their approval. Once approved these schedules have the same force and effect as if they were approved for an agency of State government. Section 4. Such Act is further amended by adding a new paragraph to Section 2 to read: (j) `Court Record' means all documents, papers, letters, maps, books (except books formally organized in libraries), microfilm, magnetic tape, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in the necessary performance of any judicial function created or received by an official of the Supreme Court, Court of Appeals, and any Superior, State, Juvenile, Probate, County or Justice of the Peace Court, and includes records of the offices of the judge, clerk, prosecuting attorney, public defender, court reporter, or any employee of the court.

"GA1978.1.1376">

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 3, 1978. REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS AMENDEDRETAIL LICENSES. No. 1208 (House Bill No. 1639). AN ACT To amend an Act entitled the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to provide that certain persons, firms, corporations or organizations shall be ineligible for issuance of a retailer's license under certain conditions; to provide that certain persons, firms, corporations or organizations shall be precluded from having an interest in a retailer's license under certain conditions; to define the term person as relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding to Section 9(c) the following: No person, firm, corporation or organization shall be issued more than two retailer licenses, nor shall any person, firm, corporation

"GA1978.1.1377">

or organization be permitted to have an interest in more than two retailer licenses, regardless of the degree of such interest. `Person' shall include all members of a retailer licensee's family, and `family' shall include any person related to the holder of such license within the first degree of consanguinity and affinity as computed according to Code Section 53-105. The beneficiaries of a trust shall be considered to have an interest in any business forming a part of the trust estate. Nothing herein shall prohibit the reissuance of a valid retailer license if held prior to the creation of any of the above relationships by marriage or if held prior to the effective date of this 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 April 3, 1978. JURIESELECTRONIC OR MECHANICAL SELECTION OF JURORS. Code Section 59-108 Amended. No. 1209 (House Bill No. 1640). AN ACT To amend Code Section 59-108, relating to jury boxes, as amended, particularly by an Act approved March 16, 1976 (Ga. Laws 1976, p. 438), so as to provide for the contracting of electronic or mechanical means of selecting jurors on a judicial administrative districtwide basis; to repeal conflicting laws; and for other purposes.

"GA1978.1.1378">

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-108, relating to jury boxes, as amended, particularly by an Act approved March 16, 1976 (Ga. Laws 1976, p. 438), is hereby amended by striking from subsection (g) of said Code Section, the following: circuit, and by substituting in lieu thereof the following: judicial administrative district, and by adding to the second sentence of subsection (g) after the words: judge of the circuit, the following: or his designee, so that when so amended, subsection (g) of Code Section 59-108 shall read as follows: (g) The county utilizing mechanical or electronic means for the selection of jurors may, under proper court rule, contract with other counties found within the judicial administrative district for the drawing of their respective traverse and grand jurors. Said drawing may be held outside of the county so contracting by a judge of the circuit or his designee upon proper posting and advertising in the county legal organ the rule of court allowing this service to be performed for that county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1379">

JURIESPROCEDURE FOR EXCUSING JURORS. Code Section 59-112 Amended. No. 1210 (House Bill No. 1641). AN ACT To amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide that a person other than the judge may be appointed by the judge to excuse jurors; to provide for establishment of guidelines by court rule; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-112, relating to persons exempt from jury duty, as amended, is hereby amended by striking subsection (b) of the Code Section which reads as follows: (b) Any other person summoned to jury duty may be excused therefrom by the judge of the court to which he has been summoned upon a showing that he will be engaged during the term of his required service in work necessary to the public health, safety, or good order, or that she is a housewife with children 14 years of age or younger., and substituting in lieu thereof a new subsection (b) of Code Section 59-112, to read as follows: (b) Any other person who shows that he will be engaged during his term of required service in work necessary to the public health, safety, or good order, or that she is a housewife with children 14 years of age or younger may be excused by the judge of the court to which he has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing such excuses. Any such order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order.

"GA1978.1.1380">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. MUNICIPALITIES AND COUNTIESINDEMNITY INSURANCE. No. 1211 (House Bill No. 1656). AN ACT To amend an Act authorizing municipalities, counties and other public bodies of this State, at their discretion, to purchase certain indemnity insurance, approved March 25, 1974 (Ga. Laws 1974, p. 702), so as to authorize the payment of certain claims or civil judgments under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing municipalities, counties and other public bodies of this State, at their discretion, to purchase certain indemnity insurance, approved March 25, 1974 (Ga. Laws 1974, p. 702), is hereby amended by adding immediately following Section 3 a new Section to be designated Section 3A to read as follows: Section 3A. Payments of Claims or Judgments. Additionally, any municipality, county and other public body may, in its discretion, adopt a policy establishing the terms and conditions under which it may pay part or all of any claim or civil judgment rendered against any person whose defense such municipality, county and other public body is authorized to undertake under the provisions of Section 3 of this Act. Any such disbursement shall be deemed to be for public purposes and may be paid from State, federal or local funds. No attempt shall be made at the trial of any action brought against a person covered under this Section to suggest

"GA1978.1.1381">

the fact that the municipality, county, or public body will be responsible for any judgment therein. The failure to adopt a policy as provided herein prior to making any payments authorized by this Section shall not invalidate any such payments if the governing authority of the municipality, county or public body shall, within a reasonable time after the fact of such failure has been brought to its attention, adopt a policy as provided 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 April 3, 1978. CLINICAL TRAINING PROGRAM AT MEDICAL COLLEGE OF GEORGIA. Code Section 84-907 Amended. No. 1212 (House Bill No. 1661). AN ACT To amend Code Section 84-907, relating to license to practice medicine, as amended, so as to change the date on which the clinical training program developed by the Medical College of Georgia may be discontinued; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.1382">

Section 1. Code Section 84-907, relating to license to practice medicine, as amended, is hereby amended by striking from paragraph (b)(2) the following: two, and inserting in lieu thereof the following: three, so that when so amended, paragraph (b)(2) shall read as follows: (2) The Medical College of Georgia shall develop and offer a clinical training program for the purposes of this Section. Such program shall begin no later than the beginning of the first school term after July 1, 1976, but may be discontinued three years after the Medical College of Georgia institutes and makes operational a coordinated transfer system (COTRANS) for the admission with advanced standing of foreign medical students to the Medical College of Georgia. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1383">

GEORGIA PORTS AUTHORITY ACT AMENDEDCOMPENSATION OF BOARD MEMBERS. No. 1213 (House Bill No. 1664). AN ACT To amend an Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, so as to change the provisions relating to the compensation of the members 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 creating the Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, is hereby amended by striking from Section 2 the following sentence: Provided, however, such compensation shall be limited to one hundred (100) days for the chairman and thirty (30) days for each of the other members of the Authority during any one fiscal year., and inserting in lieu thereof the following: Provided, however, such compensation shall be limited to one hundred fifty (150) days for the chairman and sixty (60) days for each of the other members of the Authority during any one fiscal year. so that when so amended, Section 2 shall read as follows: Section 2. Georgia Ports Authority. There is hereby created a body corporate and politic, to be known as the Georgia Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title the said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of seven members to be appointed by the Governor from the State at large. The Governor shall appoint the two members added hereby, and they shall enter upon their duties as soon as possible after their appointment,

"GA1978.1.1384">

but no later than June 30, 1966. The Governor shall designate that the term of one new member shall expire on June 30, 1970, and the term of the other new member shall expire on June 30, 1969. Each of the successors to such new members as well as successors to the present five members, shall be appointed for a term of four years, which term shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Nothing herein shall affect the term of office of the five members presently serving, except that the term of office of each of them shall expire on June 30 of the year in which such term expires rather than July 1 of such year. Any member of the Authority shall be eligible for appointment. Any person appointed to fill a vacancy shall serve only for the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman, and shall also elect a secretary and treasurer, who may not necessarily be a member of the Authority. Five members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated in the amount of forty ($40.00) dollars per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority. Provided, however, such compensation shall be limited to one hundred fifty (150) days for the chairman and sixty (60) days for each of the other members of the Authority during any one fiscal year. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members or to its officials, agents, or employees, such powers and duties as it may deem proper. Said Authority shall have perpetual existence. No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or thereafter become a member of any local port Authority of any city, town, county or district. 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 3, 1978.

"GA1978.1.1385">

NORTH GEORGIA COLLEGETUITION GRANTS. No. 1214 (House Bill No. 1665). AN ACT To amend an Act authorizing tuition grants under certain conditions to students in the State-supported military college, approved March 18, 1976 (Ga. Laws 1976, p. 503), so as to increase the amount of tuition grants; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing tuition grants under certain conditions to students in the State-supported military college, approved March 18, 1976 (Ga. Laws 1976, p. 503), is hereby amended by striking the words, symbols and figure fifty dollars ($50.00) in Section 2 of said Act in their entirety and inserting in lieu thereof the words, symbols and figure one hundred dollars ($ 100.00), so that Section 2, when so amended, shall read as follows: Section 2. Amount of grant. There is hereby granted to each eligible student attending North Georgia College the sum of one hundred dollars ($100.00) per academic quarter, which shall be distributed to the student as hereinafter provided. 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 3, 1978.

"GA1978.1.1386">

EMPLOYMENT SECURITY LAW AMENDED. No. 1215 (House Bill No. 1670). AN ACT To amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law) is amended to provide certain changes required by the U. S. Secretary of Labor; to correct errors; to provide clarifying language; to provide for the addition of by the U. S. Secretary of Labor, so as to clarify certain Sections; to provide for the striking of certain dates which are not needed; to provide clarification regarding the Virgin Islands position in employment security; to provide for the addition of certain words for clarification; to change certain words for clearer meaning; to delete redundant language which is covered in another Section; to change the location of a certain paragraph from one Section to the proper Section; to provide for a mechanical recording of appeal hearings before referees; to provide for the availability of appeal transcripts; to remove the requirement of bond on appeal to appellate courts; to strike the provision not requiring taxes to be paid on certain students; to change certain time designations from months to quarters; to provide for certain tax rates; to provide for election of payments in lieu of contributions by governmental agencies; to provide for termination of domestic coverage and agricultural coverage; to delete elective coverage provisions which are now mandatory; to provide for a place where records may be subpoenaed; to provide for a State depository; to provide for certain duties of the purchaser, transferee or successor who acquires a delinquent tax account; to provide for collection of taxes from public employers; to provide for collection of nonfraudulent overpayments; to provide for fraudulent overpayments; to provide for preliminary phrases in defining employment which were previously erroneously deleted; to add certain words previously erroneously omitted; to provide certain benefits shall be reimbursed from Federal funds; to correct certain references which are in error; to delete certain provisions

"GA1978.1.1387">

which are not needed; to delete a provision regarding stockholders in farm corporations; to provide for self-destruct language; to provide for filing of an answer; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law) is amended by adding after the word determined, where such word appears in paragraph (2) of subsection (a) of Section 3A, the following: by the U. S. Secretary of Labor, so that when amended, paragraph (2) of subsection (a) of Section 3A shall read as follows: (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 the U. S. Secretary of Labor 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). Section 2. Said Act is further amended by adding after the word determined, where such word appears in paragraph (3) of subsection (a) of Section 3A, the following: by the U. S. Secretary of Labor, so that when amended, paragraph (3) of subsection (a) of Section 3A shall read as follows: (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 the U. S. Secretary of Labor by

"GA1978.1.1388">

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). Section 3. Said Act is further amended by striking the words For weeks beginning after April 2, 1977,, as they appear in paragraph (4) of subsection (a) of Section 3A, so that when amended paragraph (4) of subsection (a) of Section 3A shall read as follows: (4) 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. Section 4 . Said Act is further amended by striking the words For weeks beginning after April 2, 1977, and that with respect to benefits for weeks of unemployment beginning after April 2, 1977, as they appear in paragraph (5) of subsection (a) of Section 3A, so that when amended paragraph (5) of subsection (a) of Section 3A shall read as follows: (5) 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, the determination of whether there has been a State `on' or `off' indicator beginning or 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

"GA1978.1.1389">

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 5. Said Act is further amended by striking the phrase Trade Extension Act of 1962 as it appears in phrase (i) of subparagraph (C) of paragraph (10) of subsection (a) of Section 3A and substituting in lieu thereof the following: Trade Expansion Act of 1962, as amended, and is further amended by adding to tehe end of phrase (ii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 3A the following: Provided that the reference in this phrase to the Virgin Islands shall be inapplicable effective on the day after the day on which the U. S. Secretary of Labor approves the Virgin Islands law under Section 3304(a) of the Internal Revenue Code of 1954. so that when amended, subparagraph (C) of paragraph (10) of subsection (a) of Section 3A shall read as follows: (C) (i) has no right to unemployment benefits or allowances as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, as amended, the Automotive Products Trade Act of 1965 and such other Federal laws as are specified in regulations issued by the U. S. Secretary of Labor; and (ii) has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee. Provided that the reference in this phrase to the Virgin Islands shall be inapplicable effective on the day after the day on which the U. S. Secretary of Labor approves the Virgin Islands law under Section 3304(a) of the Internal Revenue Code of 1954. Section 6. Said Act is further amended by adding at the beginning of paragraph (2) of subsection (a) of Section 4A the following:

"GA1978.1.1390">

Except as otherwise provided in this Section, benefits based on service in employment defined in Section 19(h) (8) and (9) shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this Act;, and is further amended by adding the following words after the word that: for weeks of unemployment beginning after December 31, 1977,, and is further amended by striking the words after December 31, 1977,, and is further amended by adding the words or terms, after the words academic years,, and is further amended by striking the word during as it appears after the word or and substituting in lieu thereof: when an agreement provides instead for a, so that when so amended, paragraph (2) of subsection (a) of Section 4A shall read as follows: (2) Except as otherwise provided in this Section, benefits based on service in employment defined in Section 19(h) (8) and (9) shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this Act; provided, however, that for weeks of unemployment beginning after December 31, 1977, with respect to services performed 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 terms, or when an agreement provides instead for 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

"GA1978.1.1391">

nonprofit 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. Section 7. Said Act is further amended by adding at the beginning of paragraph (3) of subsection (a) of Section 4A the following: Except as otherwise provided in this Section, benefits based on service in employment defined in Section 19(h)(8) and (9) shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this Act;, and is further amended by striking the word further as it appears after the word provided, and substituting in lieu thereof the following: that for weeks of unemployment beginning after December 31, 1977,, and is further amended by striking the words after December 31, 1977, as they appear after the word performed, so that when so amended, paragraph (3) of subsection (a) of Section 4A shall read as follows: (3) Except as otherwise provided in this Section, benefits based on service in employment defined in Section 19(h)(8) and (9) shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this Act; provided, that for weeks of unemployment beginning after December 31, 1977, with respect to services performed in any other capacity for a public or 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.

"GA1978.1.1392">

Section 8. Said Act is further amended by striking the words with a benefit year beginning on January 1, 1978, or after as they appear in subsection (b) of Section 4A and substituting in lieu thereof the following: for weeks beginning on or after January 1, 1978,, so that when amended, subsection (b) of Section 4A shall read as follows: (b) Benefits shall not be paid to an individual for weeks beginning on or after January 1, 1978, 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). Section 9. Said Act is further amended by striking the words with a benefit year beginning on January 1, 1978, or after as they appear in paragraph (1) of subsection (c) of Section 4A; and further by adding after the word paid, where such word appears in said paragraph (1) the following: to an individual for weeks beginning on or after January 1, 1978,, so that when amended, paragraph (1) of subsection (c) of Section 4A shall read as follows: (1) Benefits shall not be paid to an individual for weeks beginning on or after January 1, 1978, on the basis of services performed by an alien, 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

"GA1978.1.1393">

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. Section 10. Said Act is further amended by adding after the word cause in the first paragraph of subsection (c) of Section 5 the following: after he has filed an otherwise valid claim for benefits,, and is further amended by striking after the word Commissioner in subsection (c) of Section 5 the following: or his employer (provided said employer shall report said offer of suitable work in writing to the Commissioner as prescribed by regulation),, so that when amended, the first paragraph of subsection (c) of Section 5 shall read as follows: (c) If he has failed without good cause, after he has filed an otherwise valid claim for benefits, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or to accept suitable work when offered him by any employer, or to return to his customary self-employment (if any) when so directed by the Commissioner. Such disqualification shall continue until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of his claim. Section 11. Said Act is further amended by adding at the end of paragraph (3) of subsection (d) of Section 5 a new paragraph to read as follows: Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which he is, or was last employed, even though the stoppage of work shall have ceased and said operations have been resumed.,

"GA1978.1.1394">

so that when amended, paragraph (3) of subsection (d) of Section 5 shall read as follows: (3) A lockout has occurred following the expiration of the most recent working agreement without any offer of or refusal to continue that agreement during continued negotiations for a new agreement acceptable to employer and employee. Provided, that if in any case separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment or other premises; and Provided further, that when a stoppage of work due to a labor dispute ceases and operations are resumed at the factory, establishment or other premises at which he is, or was last employed, but he has not been restored to such last employment, his disqualification for benefits under this subsection shall be deemed to have ceased at such time as the Commissioner shall determine such stoppage of work to have ceased and such operations to have been resumed. Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment or other premises at which he is, or was last employed, even though the stoppage of work shall have ceased and said operations have been resumed. Section 12. Said Act is further amended by adding after the word hearing in subsection (f) of Section 6 the following: before the referee, and is further amended by adding the word mechanically after the word be, and is further amended by adding after the word appealed the following: Provided, however, nothing herein shall preclude the Commissioner from making the original documents, papers and transcripts available for inspection, upon written request by any party to the

"GA1978.1.1395">

proceedings, during normal working hours, at the office of the Employment Security Agency in Atlanta or at the local office of the Georgia Department of Labor where the original claim for benefits under this law was filed, before a review of the decision of an Appeals Tribunal by the Board of Review., so that when amended, subsection (f) of Section 6 shall read as follows: (f) Procedure. The manner in which appealed claims shall be presented, and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Board of Review for determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim before the referee shall be mechanically recorded, but need not be transcribed unless the disputed claim is further appealed. Provided, however, nothing herein shall preclude the Commissioner from making the original documents, papers and transcripts available for inspection, upon written request by any party to the proceedings, during normal working hours, at the office of the Employment Security Agency in Atlanta or at the local office of the Georgia Department of Labor where the original claim for benefits under this law was filed, before a review of the decision of an Appeals Tribunal by the Board of Review. Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a recording, of any type whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the interested parties provided prior written consent is received by the Agency from all interested parties. Section 13. Said Act is further amended by striking subsection (i) of Section 6 in its entirety and substituting in lieu thereof the following: (i) Court Review. Within ten days after the decision of the Board of Review has become final, any party aggrieved thereby may secure judicial review thereof by filing a petition in the Superior Court of the county where the employee was last employed, against

"GA1978.1.1396">

the Commissioner for the review of such decision, in which petition any other party to the proceeding before the Board of Review shall be made a respondent. The petition, which need not be verified but which shall state specifically the grounds upon which a review is sought, shall be served upon the Commissioner or upon such person as the Commissioner may designate, and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are respondents and the Commissioner shall forthwith mail one such copy to each such respondent. Within 30 days after the service of the petition, the Commissioner shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review's findings of fact and decision therein. Neither the Commissioner nor the Agency shall be required to furnish anyone with a copy of the aforementioned documents, papers or transcripts nor the original of these items, for a fee or otherwise, prior to the Commissioner filing these items with the court. The Commissioner may also, in his discretion, certify to such court questions of law involved in any decision. As a guide for future interpretation of the law, when the Commissioner is aggrieved by or deems any decision of the Board of Review contrary to the law, and no other party enters on appeal therefrom, he may, within 20 days after such decision has become final, appeal and certify to the Superior Court questions of law therein involved, and said court shall consider and determine the same and enter a decree accordingly which shall be subject to further appeal by the Commissioner. In any judicial proceeding under this Section, the findings of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the State is a material party and cases arising under the Workmen's Compensation Law of this State. An appeal may be taken from the decision of the Superior Court to the State Court of Appeals in the same manner, but not inconsistent with the provisions of this Act, as is provided in civil cases. No bond shall be required for entering an appeal. Section 14. Said Act is further amended by striking only the unnumbered paragraph at the end of paragraph (2) of subsection (a) of Section 7 which now reads as follows:

"GA1978.1.1397">

Notwithstanding any other provisions of this Act, an employer shall not be required to pay contributions on any employee who is enrolled in an institution of higher education in this State and who is ineligible to receive benefits under this Act as a result of such enrollment; provided, however, that upon termination of such enrollment, employer contributions on such employees shall be required unless otherwise provided in this Act. Section 15. Said Act is further amended by striking the words twelve consecutive calendar months as they appear in paragraph (4) of subsection (c) of Section 7 and substituting in lieu thereof the following: four consecutive calendar quarters, so that when amended, paragraph (4) of subsection (c) of Section 7 shall read as follows: (4) No employer's rate shall be reduced below the standard rate for any calendar year, except as provided in subsection (b)(4) of this Section, unless and until his account could have been chargeable with benefit payments throughout the thirty-six consecutive calendar months ending on the computation date (as herein defined) for that calendar year; except that for the calendar year 1955, and for each calendar year thereafter, an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than the standard rate if his account could have been chargeable with benefit payments throughout a lesser period but, in no event, less than the four consecutive calendar quarters ending on the computation date (as herein defined) for that calendar year. Section 16. Said Act is further amended by adding a new unnumbered paragraph at the end of paragraph (5) of subsection (c) of Section 7 as follows: Provided, however, that as of any computation date on and after June 30, 1978, any employer who has, by the end of the month following any computation date or by thirty (30) days from the date of notice to the employer that the reports or payments hereinafter referred to are due and have not been received, whichever is later, (unless the time for filing reports or payments has been further extended

"GA1978.1.1398">

under Section 16(e) (Section 54-632.1, Ga. Code Ann.)), failed to file all required reports or who has failed to pay all past due contributions, including interest required by Section 14(a) of this Act and any penalties imposed by Section 16(e) of this Act with respect to employment and wages paid, together with such other information as is necessary to compute his contribution rate under this Section, shall not be eligible for a reduced rate but shall be assigned the maximum rate, including increases and decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with positive reserves if his account shows an excess of contributions over benefits charged, or the maximum rate, including increases or decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with deficit reserves if his account shows an excess of benefits charged over contributions paid. Provided, however, that an employer shall not be denied a rate computation based on his experience if the total contributions, interest and penalties due after notice is less than $100.00. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned., so that when amended, paragraph (5) of subsection (c) of Section 7 shall read as follows: (5) For the year 1942 and each calendar year thereafter, employers shall be classified in accordance with their actual experience in the payment of contributions, and with respect to benefits charged against their accounts, with a view of fixing such contribution rates as will reflect such benefit experience. Each employer's rate for any calendar year shall be determined on the basis of his record as of the computation date for that calendar year. Provided, however, that as of any computation date, on and after December 31, 1969, any employer who has failed to file by the end of the month following any computation date or by thirty (30) days from the date of notice to the employer that the reports hereinafter referred to are due and have not been received, whichever is later (unless the time for filing reports has been further extended under Section 16(e) (Section 54-632.1, Ga. Code Ann.)) all required reports with respect to employment and wages paid, together with such other information as is necessary to compute his contribution rate under this Section, shall not be eligible for a reduced rate but shall be assigned the standard rate of 2.7 percent if his account

"GA1978.1.1399">

shows an excess of contributions paid over benefits charged, or the maximum rate of 4.2 percent if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Provided, however, that as of any computation date on and after June 30, 1978, any employer who has, by the end of the month following any computation date or by thirty (30) days from the date of notice to the employer that the reports or payments hereinafter referred to are due and have not been received, whichever is later, (unless the time for filing reports or payments has been further extended under Section 16(e) (Section 54-632.1, Ga. Code Ann.)), failed to file all required reports or who has failed to pay all past due contributions, including interest required by Section 14(a) of this Act and any penalties imposed by Section 16(e) of this Act with respect to employment and wages paid, together with such other information as is necessary to compute his contribution rate under this Section, shall not be eligible for a reduced rate but shall be assigned the maximum rate, including increases and decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with positive reserves if his account shows an excess of contributions over benefits charged, or the maximum rate, including increases or decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with deficit reserves if his account shows an excess of benefits charged over contributions paid. Provided, however, that an employer shall not be denied a rate computation based on his experience if the total contributions, interest and penalties due after notice is less than $100.00. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Section 17. Said Act is further amended by striking from the last unnumbered paragraph of paragraph (6) of subsection (c) of Section 7, the following: and for each computation date thereafter, and is further amended by adding after the figure 1962, where such figure appears in the last unnumbered paragraph of paragraph (6) of subsection (c) of Section 7, the following:

"GA1978.1.1400">

and ending with the computation date June 30, 1977,, and is further amended by adding an unnumbered paragraph to the last unnumbered paragraph of paragraph (6) of subsection (c) of Section 7 the following: If the total of all employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, is less than the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such deficit by his average annual payroll and applying the resulting percentage to the following rate table, which shall apply beginning with the computation date, June 30, 1978, and each computation date thereafter as shown:, so that when amended, paragraph (6) of subsection (c) of Section 7 shall read as follows: Provided, however, that effective with the computation date December 31, 1962, and ending with the computation date June 30, 1977, the contribution rate of an employer whose contribution rate for calendar year 1971 and prior years was 2.7% or more or whose contribution rate for calendar year 1972 and subsequent years was 2.16% or more and who has a deficit reserve balance (total of all benefits charged exceeds total of all contributions paid) as of such computation date shall be computed either on the basis of his total prior experience record as of the computation date or on the basis of his experience record for the three-year period ending on the computation date whichever is more advantageous to such employer; provided, further, when an employer's rate is computed based on his experience during the three-year period ending on the computation date the record of such employer covering experience prior to such three-year period shall be void with respect to all future computations; provided, further, if the total deficit of such employer is less than $500.00 or is less than the deficit percentage of his average annual payroll as shown on the first line of the appropriate table depending on the computation date, such employer's contribution rate shall be 2.16%. If the total deficit of such employer is $500.00 or more and equals or exceeds the deficit percentage of his average annual payroll as shown on the first line of the appropriate table depending

"GA1978.1.1401">

on the computation date, such employer's contribution rate shall be taken from the corresponding table. If the total of all employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, is less than the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such deficit by his average annual payroll and applying the resulting percentage to the following rate table, which shall apply beginning with the computation date, June 30, 1978, and each computation date thereafter as shown:. Section 18. Said Act is further amended by striking only the first sentence of paragraph (7) of subsection (b) of Section 7A, which now reads as follows: 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)., and substituting in lieu thereof the following: Provided, however, the governmental agencies described in Section 19(h)(8)(B) may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with January 1, 1978, provided they file with the Commissioner a written notice of such election within thirty days following such date. Provided, however, after January 1, 1978, the provisions of subsection (b) of Section 7A and paragraphs (2) through (6) thereof shall also apply to those governmental entities described in Section 19(h)(8)(B)., so that when amended, paragraph (7) of subsection (b) of Section 7A shall read as follows: (7) Provided, however, the governmental agencies described in Section 19(h)(8)(B) may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with January 1, 1978, provided they file with the Commissioner

"GA1978.1.1402">

a written notice of such election within thirty days following such date. Provided, however, after January 1, 1978, the provisions of subsection (b) of Section 7A and paragraphs (2) 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 19. Said Act is further amended by adding at the end of the first sentence of paragraph (6) of subsection (c) of Section 7A the following: which have elected payments in lieu of contributions., so that when amended, paragraph (6) of subsection (c) of Section 7A shall read as follows: (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) which have elected payments in lieu of contributions. 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 20. Said Act is further amended by adding new paragraphs (1) and (2) to subsection (b) of Section 8 as follows: (1) In the case of an employer liable for domestic coverage which did not pay for services in domestic employment remuneration in cash of $1,000 or more during any calendar quarter in the current or preceding year shall cease to be an employer subject to the domestic coverage provisions of this Act as of the first day of January of such calendar year, provided the employer files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of domestic coverage, and the Commissioner finds the employer has not, during the current or preceding year, paid remuneration in cash of $1,000 or more for domestic services in any calendar quarter. Accordingly, coverage may be terminated as of January 1 of said calendar year

"GA1978.1.1403">

and contributions paid with respect to domestic employment subsequent to said date may be refunded. Such refunds shall not operate to reduce the wage credits of any individual. (2) In the case of an employer liable for agricultural coverage which did not, during any calendar quarter in the current or preceding year, pay remuneration in cash of $20,000 or more to individuals employed in agricultural labor or did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the current or preceding calendar year, have in employment 10 or more individuals, regardless of whether or not they were employed at the same moment of time, shall cease to be an employer subject to the agricultural provisions of this Act as of the first day of January of such calendar year, provided the employer files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of agricultural coverage, and the Commissioner finds there was not remuneration in cash of $20,000 or more paid by the employer for agricultural services within any calendar quarter of the first named calendar year, and also finds the employer did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, have in employment 10 or more individuals, regardless of whether or not they were employed at the same moment of time. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to agricultural employment subsequent to said date may be refunded. Such refunds shall not operate to reduce the wage credits of any individual., so that when amended, subsection (b) of Section 8 shall read as follows: (b) Termination of Liability. Except as otherwise provided in subsection (c) of this Section, an employing unit shall cease to be an employer subject to this Act only as of the first day of January of any calendar year, only if it files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different week within the first named calendar year, within which such employing unit employed one or more individuals in employment and in the first named calendar year did not pay for services in employment

"GA1978.1.1404">

wages of $1,500 or more in a calendar quarter or was not otherwise subject to this Act, or in the case of a nonprofit organization, if the organization did not employ four or more individuals for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, in the first named calendar year, or was not otherwise subject to this Act. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to employment subsequent to said date may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. For the purpose of this subsection, the two or more employing units mentioned in paragraph (2) or (3) of Section 19(g) shall be treated as a single employing unit. Notwithstanding the foregoing provisions, the liability of an employer may be terminated by the Commissioner when it appears that such employer had no employment during a calendar year, or when it appears that after selling all of his business, the employer did not employ at least one individual for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in the next succeeding calendar year, and did not pay for services in employment wages of $1,500 or more in a calendar quarter within such next succeeding calendar year, or in the case of a nonprofit organization did not employ four or more individuals for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, within the next succeeding calendar year. (1) In the case of an employer liable for domestic coverage which did not pay for services in domestic employment remuneration in cash of $1,000 or more during any calendar quarter in the current or preceding year shall cease to be an employer subject to the domestic coverage provisions of this Act as of the first day of January of such calendar year, provided the employer files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of domestic coverage, and the Commissioner finds the employer has not, during the current or preceding year, paid remuneration in cash of $1,000 or more for domestic services in any calendar quarter. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to domestic employment subsequent to said date may be refunded. Such refunds shall not operate to reduce the wage credits of any individual.

"GA1978.1.1405">

(2) In the case of an employer liable for agricultural coverage which did not, during any calendar quarter in the current or preceding year, pay remuneration in cash of $20,000 or more to individuals employed in agricultural labor or did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the current or preceding calendar year, have in employment 10 or more individuals, regardless of whether or not they were employed at the same moment of time, shall cease to be an employer subject to the agricultural provisions of this Act as of the first day of January of such calendar year, provided the employer files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of agricultural coverage, and the Commissioner finds there was not remuneration in cash of $20,000 or more paid by the employer for agricultural services within any calendar quarter of the first named calendar year, and also finds the employer did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, have in employment 10 or more individuals, regardless of whether or not they were employed at the same moment of time. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to agricultural employment subsequent to said date may be refunded. Such refunds shall not operate to reduce the wage credits of any individual. Section 21. Said Act is further amended by striking in its entirety, subsection (d) of Section 8, which now reads as follows: (d) Elective coverage for hospitals and institutions of higher education operated by political subdivisions (1) Any political subdivision of this State may elect to cover under this Act service performed by employees in all of the hospitals and institutions of higher education, as defined in subsections (u) and (v) of Section 19 of this Act operated by such political subdivisions. Election is to be made by filing with the Commissioner a notice of such election at least 30 days prior to the effective date of such election. Notice of such election shall be filed by the highest governing authority of such political subdivision. The election may exclude any services described in paragraph (10) of subsection (h) of Section 19 of this Act. Any

"GA1978.1.1406">

political subdivision electing coverage under this subsection shall make payments in lieu of contributions with respect to benefits attributable to such employment as provided in subsections (a) and (b) of Section 7A of this Act. (2) The provisions in Section 4A of this Act with respect to benefit rights based on service for State and nonprofit institutions of higher education shall be applicable also to service covered by an election under this Section. (3) The amounts required to be paid in lieu of contributions by any political subdivision under this Section shall be billed and payment made as provided in Section 7A of this Act. (4) An election under this Section may be terminated, by filing with the Commissioner written notice not later than 30 days preceding the last day of the calendar year in which the termination is to be effective. Such termination becomes effective as of the first day of the next ensuing calendar year with respect to services performed after that date. Section 22. Said Act is further amended by adding to the end of the second sentence of paragraph (1) of subsection (g) of Section 11 the following: , in such places as the Commissioner may prescribe., so that when amended paragraph (1) of subsection (g) of Section 11 shall read as follows: (l) Records and Reports. Each employing unit shall keep true and accurate work records, containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or his authorized representatives at any reasonable time and as often as may be necessary, in such places as the Commissioner may prescribe. The Commissioner, the Board of Review, and the Chairman of any Appeal Tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the Board of Review deems necessary for the effective administration of this Act. Information thus obtained or obtained from any individual pursuant to the administration of this Act, shall, except

"GA1978.1.1407">

to the extent necessary for the proper presentation of a claim, be held confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties) in any manner revealing the individual's or employing unit's identity, but any claimant or his legal representative at a hearing before an Appeal Tribunal or the Board of Review shall be supplied with information from such records to the extent necessary for the proper presentation of his claim. Any employee or member of the Board of Review or of the Department of Labor who violates any provision of this subsection shall be guilty of a misdemeanor and shall be punished as for a misdemeanor. Section 23. Said Act is further amended by adding a new subsection (n) to Section 11 to read as follows: (n) Submission to State Depository. A copy of each decision by Appeals Referees and the Board of Review shall be sent to the State depository to be made available for public use and inspection. All privileged and confidential information contained therein shall be deleted from the copy of the decisions prior to their submission to the State depository. Section 24. Said Act is further amended by adding a new subsection numbered (g) to Section 14 and said new subsection (g) shall read as follows: (g) Any employing unit which shall sell out its business or stock of goods, or transfers same, shall, within 30 days after such sale or transfer, file all wage summary reports with the Agency and pay all contributions, interest and penalties required by this Act with respect to wages for employment up to the date of said sale or transfer. The purchaser, transferee, successor or assigns, shall withhold a sufficient amount from the purchase money to cover the amount of all contributions, interest and penalties due and unpaid by the seller or transferor, or if the payment of money is not involved, shall withhold the performances of the condition that constitutes the consideration for the transfer, until such time as the said seller shall produce a certificate from the Agency showing that all reports have been filed and all contributions, interest and penalties have been paid, or produce a certificate that no reports are due and no contributions, interest or penalties are due. If the seller or transferor shall fail to pay such contributions within the 30 days as specified,

"GA1978.1.1408">

then the purchaser, transferee, successor or assigns, shall pay the money so withheld to the Agency. Section 25 . Said Act is further amended by adding a new subsection (h) to Section 14 to read as follows: (h) Collection, Penalty and Sanction Provisions Made Applicable to State, Political Subdivisions and Instrumentalities - All methods of collection, penalty, and sanction provisions in this Act that are applicable to private employers are hereby made in like manner equally applicable to all public employers who are liable for the payment of contributions or reimbursements in lieu of contributions pursuant to this Act. Section 26 . Said Act is further amended by striking in its entirety subsection (d) of Section 16 which now reads as follows: (d) Liability for Benefits Erroneously or Fraudulently Collected - Any person who, by reason of the nondisclosure or misrepresentation by him or by another, of a material fact (irrespective of whether such nondisclosure or misrepresentation was known or fraudulent) has received any sum as benefits under this Act while any conditions for the receipt of benefits imposed by this Act were not fulfilled in his case, or while he was disqualified from receiving benefits, shall, in the discretion of the Commissioner, either be liable to have such sum deducted from any future benefits payable to him under this Act or shall be liable to repay to the Commissioner for the Unemployment Compensation Fund, a sum equal to the amount so received by him, and such sum shall be collectible in the manner provided in Section 14(b) of this Act for the collection of past due contributions., and substituting in lieu thereof the following: (d) Liability for Benefits Erroneously Collected - Any person who has received any sum as benefits under this Act while any conditions for the receipt of benefits imposed by this Act were not fulfilled in his case, or while he was disqualified from receiving benefits, shall, in the discretion of the Commissioner, either be liable to have such sums deducted from any future benefits payable to him under this Act, no single deduction to exceed 50 per centum of the amount of the payment from which such deduction is made, or shall

"GA1978.1.1409">

be liable to repay the Commissioner for the Unemployment Compensation Fund, a sum equal to the amount so received by him, and such sum shall be collectible in the manner provided in this Act. Section 27 . Said Act is further amended by striking the words all unpaid benefits in subsection (f) of Section 16 and substituting in lieu thereof the following: all benefits, paid or unpaid,, so that when amended subsection (f) of Section 16 shall read as follows: (f) Any person who makes a false statement or misrepresentation 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 benefits, paid or unpaid, 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; 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 28 . Said Act is further amended by striking the words (except Canada or the Virgin Islands), after December 31, 1971, as they appear in subparagraph (C) of paragraph (2) of subsection (h) of Section 19 and substituting in lieu thereof the following:

"GA1978.1.1410">

(except Canada, and in the case of the Virgin Islands, after December 31, 1971 and before January 1 of the year following the year in which the U. S. Secretary of Labor approves the Virgin Islands law for the first time), so that when amended subparagraph (C) of paragraph (2) of subsection (h) of Section 19 shall read as follows: (C) The service of an individual who is a citizen of the United States, performed outside the United States (except Canada, and in the case of the Virgin Islands, after December 31, 1971 and before January 1 of the year following the year in which the U. S. Secretary of Labor approves the Virgin Islands law for the first time) in the employ of an American employer (other than service which is deemed `employment' under the provisions of paragraphs (3) or (4) of this subsection or the parallel provisions of another state's law), if: (i) the employer's principal place of business is located in this State; or (ii) the employer has no place of business in the United States, but (a-1) the employer is an individual who is a resident of this State; or (a-2) the employer is a corporation which is organized under the laws of this State; or (a-3) the employer is a partnership or a trust and the number of partners or trustees who are residents of this State is greater than the number who are residents of any one other state; or (iii) none of the criteria of division (i) and (ii) of this subparagraph is met but the employer has elected coverage in this State, or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this State.

"GA1978.1.1411">

Section 29. Said Act is further amended by striking the words and the Commonwealth of Puerto Rico as they appear in phrase (ii) of subparagraph (D) of paragraph (2) of subsection (h) of Section 19 and substituting in lieu thereof the following: , the Commonwealth of Puerto Rico, and in the case of the Virgin Islands, after December 31, 1971 and before January 1 of the year following the year in which the U. S. Secretary of Labor approves the Virgin Islands law for the first time., so that when amended phrase (ii) of subparagraph (D) of paragraph (2) of subsection (h) of Section 19 shall read as follows: (ii) The term `United States' includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and in the case of the Virgin Islands, after December 31, 1971 and before January 1 of the year following the year in which the U. S. Secretary of Labor approves the Virgin Islands law for the first time. Section 30. Said Act is further amended by adding to the beginning of paragraph (7) of subsection (h) of Section 19 the following: The term employment shall include, so that when amended, paragraph (7) of subsection (h) of Section 19 shall read as follows: (7) The term employment shall include services performed prior to January 1, 1972, which were defined in this subsection prior to such date and, subject to the other provisions of this subsection, service performed after December 31, 1971, including service in interstate commerce, by (A) any officer of a corporation; or (B) any individual other than an individual who is an employee under subparagraph (A) who performs services for remuneration for any person (i) an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or dry-cleaning services, for his principal;

"GA1978.1.1412">

(ii) as a traveling or city salesman, other than an agent-driver or commission-driver, engaged upon a fulltime basis in the solicitation on behalf of, and the transmission to, his principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations; (C) Provided, that for purposes of subparagraph (B) above, the term `employment' shall include services described in (i) and (ii) above performed after December 31, 1971 only if: (i) The contract of service contemplates that substantially all of the services are to be performed personally by such individual; (ii) The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and (iii) The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. Section 31 . Said Act is further amended by adding to the beginning of paragraph (8) of subsection (h) of Section 19 the following: (8) The term employment shall include:, so that when amended, paragraph (8) of subsection (h) of Section 19 shall read as follows: (8) The term employment shall include: (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

"GA1978.1.1413">

Federal Unemployment Tax Act solely by reason of Section 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 32. Said Act is further amended by adding to the beginning of paragraph (9) of subsection (h) of Section 19 the following: The term employment shall include, so that when amended, paragraph (9) of subsection (h) of Section 19 shall read as follows: (9) The term employment shall include service performed after December 31, 1971, by an individual in the employ of a religious, charitable, educational or other organization but only if the following conditions are met: (A) the service is excluded from `employment' as defined in the Federal Unemployment Tax Act solely by reason of Section 3306(c)(8) of that Act; and (B) the organization had four or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.

"GA1978.1.1414">

Section 33. Said Act is further amended by adding after the words or (II) a policymaking, as they appear in phrase (iv) of subparagraph (C) of paragraph (10) of subsection (h) of Section 19 the following: or advisory, so that when amended, subparagraph (C) of paragraph (10) of subsection (h) of Section 19 shall 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 or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; or. Section 34. Said Act is further amended by striking only the following as it appears in subparagraph (E) of paragraph (10) of subsection (h) of Section 19: 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, and substituting in lieu thereof the following:

"GA1978.1.1415">

provided, that if such service is public service employment under Titles II and VI of Public Law 93-203 (CETA) and is required pursuant to such Act to be employment under this Act, this exclusion shall not apply to the extent that this State's unemployment compensation fund is reimbursed for such benefits from Federal Funds pursuant to Public Law 94-444; or, so when amended 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 if such service is public service employment under Titles II and VI of Public Law 93-203 (CETA) and is required pursuant to such Act to be employment under this Act, this exclusion shall not apply to the extent that this State's unemployment compensation fund is reimbursed for such benefits from Federal Funds pursuant to Public Law 94-444; or. Section 35. Said Act is further amended by adding to the beginning of paragraph (11) of subsection (h) of Section 19 the following: The term employment shall include, so that when amended, paragraph (11) of subsection (h) of Section 19 shall read as follows: (11) The term employment shall include service performed after December 31, 1971, on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States. Section 36. Said Act is further amended by adding to the beginning of paragraph (12) of subsection (h) of Section 19 the following:

"GA1978.1.1416">

The term employment shall include, so that when amended, paragraph (12) of subsection (h) of Section 19 shall read as follows: (12) The term employment shall include 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. Section 37. Said Act is further amended by adding to the beginning of subparagraph (B) of paragraph (13) of subsection (h) of Section 19 the following: Agricultural labor means service, and is further amended by striking the words after December 31, 1971, as they appear in the fourth paragraph of subparagraph (B), so that when amended subparagraph (B) of paragraph (13) of subsection (h) of Section 19 shall read as follows: (B) Agricultural labor means service 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; 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;

"GA1978.1.1417">

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 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 subsection, 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. Section 38. Said Act is further amended by striking the words subparagraph (A) as they appear in subparagraph (E) of paragraph (13) of subsection (h) of Section 19, and substituting in lieu thereof the following: subparagraphs (C) and (D), and is further amended by striking the last sentence of phrase (iii) of subparagraph (E) of paragraph (13) of subsection (h) of Section 19 which reads as follows: 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., so that when amended, subparagraph (E) of paragraph (13) of subsection (h) of Section 19 shall read as follows:

"GA1978.1.1418">

(E) For purposes of subparagraphs (C) and (D), 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. Section 39. Said Act is further amended by striking subparagraph (G) of paragraph (14) of subsection (h) of Section 19, which now reads as follows: (G) Service performed in the employ of a State, or any political subdivision thereof, or any instrumentality of any one or more of the foregoing which is wholly owned by one or more states or political subdivisions; and any service performed in the employ of any instrumentality of one or more states or political subdivisions to the extent that the instrumentality is, with respect to such service, immune under the Constitution of the United States from the tax imposed by Section 3301 of Title 26 of the United States Code Annotated, except as provided in subsection (d) of Section 8 of this Act and paragraph (8) of this subsection., and substituting in lieu thereof the following, so that when amended, subparagraph (G) of paragraph (14) of subsection (h) of Section 19 shall read as follows: (G) This subparagraph is deleted as of the effective date of this Act by the Employment Security amendments of 1978. Section 40. Said Act is further amended by striking subparagraph (H) of paragraph (14) of subsection (h) of Section 19 which now reads as follows: (H) Prior to January 1, 1972, service performed in the employ of a corporation, community chest, fund, or foundation, organized

"GA1978.1.1419">

and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation., and substituting in lieu thereof the following, so that when amended subparagraph (H) of paragraph (14) of subsection (h) of Section 19 shall read as follows: (H) This subparagraph is deleted as of the effective date of this Act by the Employment Security amendments of 1978. Section 41. Said Act is further amended by adding a new Section to be designated Section 21C to read as follows: Section 21C. If those parts of P. L. 91-373 and P. L. 94-566 which mandate public employee coverage are ultimately and finally adjudicated unconstitutional by the U. S. Supreme Court or any inferior Federal Court from which an appeal is not made and its determination becomes final, then it is the intention of the Georgia General Assembly that such parts of the Georgia Employment Security Act which require the coverage of public employees in this State are hereby repealed upon the effective date of such Court decision. If at any time by any Federal Court there is a stay pendente lite issued regarding public coverage of employees in this State mandated by P. L. 91-373 and P. L. 94-566, then the coverage of such employees under this Act pursuant to such Court order is automatically suspended for such period of time that the stay pendente lite is in effect, or until final adjudication. Section 42. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsections, sentences, clauses, or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General 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.

"GA1978.1.1420">

Section 43. 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. Section 44. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. CRIMESINTERFERENCE WITH CUSTODY. Code Section 26-1312 Amended. No. 1216 (House Bill No. 1683). AN ACT To amend Code Section 26-1312, relating to the crime of interference with custody, so as to include within the crime the act of knowingly bringing into this State a person committed to the custody of another person; to provide limitations; to provide a penalty; to provide for editorial revision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-1312, relating to the crime of interference with custody, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 26-1312 to read as follows: 26-1312. Interference with custody. (a) A person commits interference with custody when he: (1) Knowingly or recklessly takes or entices any committed person away from lawful custody when he is not privileged to do so.

"GA1978.1.1421">

(2) Knowingly brings into this State a committed person who has been committed to the custody of another person who is a resident of another state or nation, without the consent of the person with legal custody. (3) Knowingly harbors any committed person who has absconded. (b) (1) Except as provided in paragraph (2) of this subsection, any person violating the provisions of this Section is guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. (2) A person convicted of interference with custody by taking a committed person beyond the limits of this State shall be punished by imprisonment for not less than one nor more than five years. (c) As used in this Section: (1) Person includes a parent of a committed person. (2) `Committed person' means, in addition to anyone committed or whose custody is awarded under judicial warrant or court order, any orphan, neglected, or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by authority of law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1422">

COOPERATIVE MARKETING ACT AMENDED. Code Section 65-213.1 Enacted. No. 1217 (House Bill No. 1687). AN ACT To amend Code Chapter 65-2, relating to nonprofit cooperative associations, also known as the Cooperative Marketing Act, as amended, so as to provide for perpetual duration for such associations except under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 65-2, relating to nonprofit cooperative associations, also known as the Cooperative Marketing Act, as amended, is hereby amended by adding between Code Section 65-213 and Code Section 65-214 a new Code Section to be designated Code Section 65-213.1 to read as follows: 65-213.1. Perpetual duration. All associations hereafter incorporated and organized pursuant to the Cooperative Marketing Act (Code Chapter 65-2), as amended, shall have perpetual duration unless a limited period of duration is provided for and stated in its charter or articles of incorporation or in an amendment thereto. All associations heretofore incorporated and organized pursuant to said Cooperative Marketing Act which are in existence on the effective date of this Section shall have perpetual duration unless a limited period of duration is hereafter provided for and stated in an amendment to its charter or articles of incorporation. 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 3, 1978.

"GA1978.1.1423">

INSURANCE RATES NOT TO BE BASED ON RACE, CREED OR ETHNIC EXTRACTION. Code Section 56-507 Amended. No. 1218 (House Bill No. 1301). AN ACT To amend Code Section 56-507, relating to standards applicable to insurance rates, so as to provide that no insurance, in whole or in part, directly or indirectly, upon race, creed or ethnic extraction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 56-507, relating to standards applicable to insurance rates, is hereby amended by adding at the end thereof a new paragraph (f), to read as follows: (f) No insurer shall base any standard or rating plan on vehicle insurance, in whole or in part, directly or indirectly, upon race, creed or ethnic extraction. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1424">

INTOXICATING BEVERAGESLIMIT ON TRANSPORTATION OF NON TAX PAID MALT BEVERAGES. No. 1219 (House Bill No. 1302). AN ACT To amend an Act providing for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, particularly by an Act approved March 30, 1937 (Ga. Laws 1937, p. 148), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1210), and an Act approved March 18, 1976 (Ga. Laws 1976, p. 476), so as to change certain provisions relating to crimes and penalties for performing certain acts without obtaining a license; to change procedures; to provide for sale of certain contraband articles; 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 license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, particularly by an Act approved March 30, 1937 (Ga. Laws 1937, p. 148), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1210), and an Act approved March 18, 1976 (Ga. Laws 1976, p. 476), is hereby amended by striking in its entirety Section 17-A thereof and inserting in lieu thereof a new Section 17-A, to read as follows: Section 17-A. (a) No person, firm or corporation shall sell, offer for sale, or possess for the purpose of sale, any of the malt beverages specified and legalized by said Act, without first having obtained a license to deal in such beverages under the provisions of said Act, nor shall any person, firm or corporation possess or transport more than five (5) cases of malt beverages upon which the taxes imposed on such beverages have not been paid and any person, firm or corporation guilty of violating the provisions of this Section shall be guilty of a misdemeanor and punished as provided in this Act and further such beverages are declared to be contraband and any motor vehicle, watercraft, or aircraft used in transporting such beverages in excess of five (5) cases are also declared to be contraband.

"GA1978.1.1425">

(b) It shall be the duty of the State Revenue Commissioner or his agents to seize and take possession of any and all malt beverages and motor vehicles, watercraft, or aircraft specified herein, found in the possession of any person, firm or corporation in violation of the provisions of this Section, and turn the same over to the Sheriff of the County in which same were seized for safekeeping for a period of 10 days. (c) The said Commissioner or his agents making said seizure shall take a receipt from said sheriff for the goods so seized; a receipt shall be given to the person, firm or corporation from whom said goods were seized, if known, stating from whom seized, if known, the place of seizure, and a description of the goods seized, and a duplicate of said receipt shall be filed in the office of the State Revenue Commissioner, which shall be open to public inspection, and a copy of said receipt shall be posted at the place of seizure. (d) If, during the 10 days specified herein, a claim should be filed to said goods seized, said claim shall be returned to the superior court of the county of such seizure, to be tried, as other claims. (e) If no claim is filed to said goods so seized within 10 days, the malt beverages so seized shall be destroyed by the State Revenue Commissioner or his authorized agents as contraband and any motor vehicle, watercraft, or aircraft so seized may be sold, in the discretion of the Commissioner, after advertising the sale, in a newspaper published or having a circulation in the county in which the seizure occurred, at least five days prior to such sale. Any person claiming an interest in such motor vehicle, watercraft, or aircraft may make written application to the Commissioner for a hearing, stating his interest in the goods seized and his reasons why they should not be forfeited. No sale of any motor vehicle, watercraft, or aircraft shall be made while an application for a hearing is pending before the Commissioner. (f) The State Revenue Commissioner is authorized to prepare proper notices and receipts as herein referred to and make such rules and regulations as he deems proper to carry out the provisions of this Section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1426">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS AMENDED. No. 1220 (House Bill No. 1303). 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. Laws, Ex. Sess., 1937-38, p. 103), as amended, so as to provide for surety bonds for alcoholic beverage licensees; to authorize the storage of alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, in federally licensed and regulated foreign trade zones; to authorize any public or private corporation which has been granted the privilege of establishing, operating or maintaining a foreign trade zone to distribute alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, to destinations outside the State of Georgia; to prohibit the sale at retail of alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, in federally licensed and regulated foreign trade zones; to amend an Act to provide for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, so as to define broker and importer; to provide that importers shall be licensed and bonded in the same manner as wholesale dealers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February

"GA1978.1.1427">

3, 1938 (Ga. Laws, Ex. Sess., 1937-38, p. 103), as amended, is hereby amended by striking from the first sentence of Section 10 the word: Retailers, and inserting in lieu thereof the words: Retailers and consumption on premises licensees, so that when so amended Section 10 shall read as follows: Section 10. Before any license is granted, applicant must file with the Revenue Commissioner corporate surety bond in a surety company licensed to do business in the State of Georgia, conditioned to pay all taxes due the State of Georgia, in amounts as follows: Distillersten thousand ($10,000.00) dollars; Wholesalersfive thousand ($5,000.00) dollars; Retailers and consumption on premises licenseestwenty-five hundred ($2,500.00) dollars; said bonds to be approved by the Revenue Commissioner and shall be executed on forms as may be prescribed by said Commissioner. Said bonds shall be of form prescribed by the State Revenue Commissioner and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alcohol, and such other conditions as the State Revenue Commissioner may require in his rules and regulations. Section 2. Said Act is further amended by renumbering Section 33 as Section 34 and by adding a new Section 33, to read as follows: Section 33. Notwithstanding any other provisions of this Act or other laws to the contrary, any public or private corporation which has been granted the privilege of establishing, operating and maintaining a foreign trade zone by the Foreign Trade Zones Board in accordance with an Act of Congress, approved June 18, 1934, entitled `An Act to provide for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United

"GA1978.1.1428">

States, to expedite and encourage foreign commerce and for other purposes.', shall, until the termination of such privilege, be authorized to store alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, within the boundaries of such foreign trade zone. Any public or private corporation which has been granted the privilege of establishing, operating or maintaining a foreign trade zone shall also be authorized to distribute alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, to destinations outside the State of Georgia; provided, however, nothing herein shall authorize the sale at retail of any alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, within the boundaries of a foreign trade zone if the sale would otherwise be prohibited by the laws of this State. Section 3. An Act to provide for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, is hereby amended by adding to the end of Section 4 the following: Broker' means any person who purchases or obtains malt beverages from an importer or brewer and sells such malt beverages to another broker, importer or wholesaler without having custody of such malt beverages or without maintaining a stock of such malt beverages. `Importer' means any person who imports malt beverages into the State from a foreign country and sells such malt beverages to other importers, brokers or wholesalers and who maintains a stock of such malt beverages. Such `importers' shall be licensed and bonded in the same manner as wholesale dealers., so that when so amended, Section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that `malt beverages' shall be defined to mean fermented beverages made whole or in part from malt, or any similar fermented beverage. But no such malt beverages shall be sold under the provisions of this Act which contain more than six (6%) percent of alcohol by volume. `Brewers' are persons who manufacture malt beverages. `Wholesale Dealers' are persons other than brewers who sell malt beverages to retail dealers or for the purpose of resale only. `Retail Dealers' are persons other than wholesale dealers or brewers who sell malt beverages irrespective of the quantities sold. The word `person' means an individual, firm, partnership, association, corporation or other

"GA1978.1.1429">

group of persons acting as a unit. `Broker' means any person who purchases or obtains malt beverages from an importer or brewer and sells such malt beverages to another broker, importer or wholesaler without having custody of such malt beverages or without maintaining a stock of such malt beverages. `Importer' means any person who imports malt beverages into the State from a foreign country and sells such malt beverages to other importers, brokers or wholesalers and who maintains a stock of such malt beverages. Such `importers' shall be licensed and bonded in the same manner as wholesale dealers. 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 3, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDLOCAL SALES TAX. No. 1221 (House Bill No. 1306). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019) and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), so as to provide under certain circumstances for an alternative method of providing the property tax rollback required in said Act; to provide for procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1430">

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. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019) and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), is hereby amended by striking from said Act in its entirety Section 26A(i) and inserting in lieu thereof a new Section 26A(i) to read as follows: (i) In order to provide governmental services more effectively and economically, in any county where the tax authorized by this Section is levied, there is hereby created, pursuant to Article IX, Section IV, Paragraph II of the Constitution of Georgia, a special district of taxation for services for the calendar year during which the millage rate adjustments as required by this Act are first made, and thereafter as determined by the governing authority of such county as authorized by law, and which shall exist only in those portions of such county which are outside the boundaries of any municipality, as herein defined, within such county, regardless of whether such portions lie within or without any other special tax districts created by law. Section 2. Said Act is further amended by striking Section 26A(j) in its entirety and inserting in lieu thereof a new Section 26A(j) to read as follows: (j) (1) As a condition precedent to the exercise of the authority to levy the tax authorized by this Section for the year following the initial year in which it is levied, the governing authority of any county receiving any proceeds from the imposition of such tax shall adjust the mill rate for county ad valorem taxation within the special district of taxation for services, created by the provisions of subsection (i) of this Section, so that the mill rate levied for county operations and maintenance on tangible property within the special district, shall be the following: the mill rate produced by subtracting from the mill rate which would produce revenue in an amount equal to the revenue received for county operations and maintenance from the taxation of tangible property for the preceding year located within the special district, the mill rate which, if levied against the tangible

"GA1978.1.1431">

property in the special district only, would produce an amount equal to the proceeds of the tax levied under this Section which were received by the county during the preceding year, if such tax were imposed for the entire calendar year. If such tax were imposed for only a fraction of a year, the annualized amount representing the tax for the entire calendar year shall be used. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the political subdivision shall in no way be reduced or affected. (2) In lieu of the provisions of paragraph (1) of Section 26A(j) herein, as a condition precedent to the exercise of the authority to levy the tax authorized by this Section the governing authority of any county receiving any proceeds from the imposition of such tax which levied the tax authorized herein during the first calendar quarter of the year may, for the year in which the tax authorized herein is first levied, adjust the mill rate for county ad valorem taxation within the special district of taxation for services, created by the provisions of subsection (i) of this Section, so that the mill rate levied for county operations and maintenance on tangible property within the special district, shall be the following: the mill rate produced by subtracting from the mill rate which would produce revenue in an amount equal to the revenue received for county operations and maintenance from the taxation of tangible property for the preceding year located within the special district, the mill rate which, if levied against the tangible property within the special district only, would produce an amount equal to the annualized proceeds of the tax levied under this Section for the first calendar quarter in which it is levied. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the political subdivision shall in no way be reduced or affected. (3) As a condition precedent to the exercise of the authority to levy the tax authorized by this Section for the years following the year in which the mill rate is first adjusted as required herein, the governing authority of any county receiving any proceeds from the imposition of such tax shall adjust the mill rate for county ad valorem taxation within the special district of taxation for services, created by the provisions of subsection (i) of this Section, so that the mill rate levied for county operation and

"GA1978.1.1432">

maintenance on tangible property within the special district shall not exceed the mill rate levied by the county on tangible property outside such special district minus that mill rate which, if levied against the tangible property within the special district only, would produce an amount equal to the proceeds of the tax levied under this Section which were received by the county during the preceding year. (4) If, as a result of this subsection, the mill rate levied for county operation and maintenance on tangible property shall be reduced to zero, then any funds derived from the tax authorized by this Act which remain in the county general fund may be expended by the governing authority of such county for any lawful governmental purpose, including the retirement of bonded indebtedness. (5) The taxing authority of each county coming under the provisions of this Section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of county ad valorem property taxes which such taxpayer has received as a result of such county coming under the provisions of this Section. Section 3. Said Act is further amended by striking Section 26A(k) in its entirety and inserting in lieu thereof a new Section 26A(k) to read as follows: (k) (1) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for the year following the initial year in which it is levied, the governing authority of any municipality levying such tax or collecting any proceeds from such tax shall adjust the mill rate for ad valorem taxation for operations and maintenance of such municipality so that the revenue derived from ad valorem taxation of tangible property by such municipality shall not exceed that total received from such taxation for the previous year, less an amount which shall equal the net proceeds derived by such municipality from the tax imposed pursuant to this Section during the previous year, if such tax was imposed for an entire calendar year, or if such tax was imposed for only a fraction of a year, by an annualized amount representing the tax for the entire calendar year. Provided, however, that any mill rate which has been

"GA1978.1.1433">

established for the retirement of any bonded debt of the municipality shall in no way be reduced or affected. 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. (2) In lieu of the provisions of paragraph (1) of Section 26A(k) herein, as a condition precedent to the exercise of the authority to levy the tax authorized by this Section or collect any proceeds from the tax authorized by this Section the governing authority of any municipality levying such tax or collecting any proceeds from such tax as a result of the tax being levied during the first calendar quarter of the year may, for the year in which the tax is levied or proceeds from the tax are received, adjust the mill rate for ad valorem taxation for operations and maintenance of such municipality so that the revenue derived from ad valorem taxation of tangible property by such municipality shall not exceed that total received from such taxation for the preceding year, less an amount which shall equal the annualized net proceeds derived by such municipality from the tax imposed pursuant to this Section for the first calendar quarter in which it is levied. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the municipality shall in no way be reduced or affected. (3) If as a result of this subsection, the mill rate levied for municipal operation and maintenance on tangible property shall be reduced to zero or if no ad valorem tax is levied upon tangible property by a municipality, then any funds derived from the tax authorized by this Act which remain in the general fund of such municipality may be expended by the governing authority of such municipality for any lawful government purpose, including the retirement of bonded indebtedness. (4) The taxing authority of each municipality coming under the provisions of this Section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of municipal ad valorem property taxes which such taxpayer has received as a result of such municipality coming under the provisions of this Section.

"GA1978.1.1434">

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 3, 1978. ECONOMIC DEVELOPMENT COUNCIL ACT AMENDED. No. 1222 (House Bill No. 1309). AN ACT To amend an Act creating the Economic Development Council, approved March 31, 1976 (Ga. Laws 1976, p. 1098), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 865), so as to change the provisions relative to the membership of the Council; to provide for allowances for the members; to authorize the appropriation of funds; 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 Economic Development Council, approved March 31, 1976 (Ga. Laws 1976, p. 1098), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 865), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows: Section 1. There is hereby created the Economic Development Council, to be composed of 20 members as follows: (a) the Lieutenant Governor, who shall serve as chairman of the Council;

"GA1978.1.1435">

(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 Department of Industry and Trade; (f) a representative of the Department of Community Affairs; (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; (o) a representative of the Office of Planning and Budget; (p) a representative of the Georgia Agribusiness Council, Inc.; (q) a representative of the Georgia Chamber of Commerce Executive Association;

"GA1978.1.1436">

(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, members of the Council shall be appointed by the Governor from at least two nominees submitted to the Governor from each participating agency or organization, and shall serve at the pleasure of the Governor. While engaged in the performance of their duties, the members of the Council, except for members who are State officials or employees, shall receive the same allowances as are received by legislative members of legislative interim committees. Such members shall receive such allowances from funds appropriated for the Council. The State officials and employees who are members of the Council shall be reimbursed for their expenses incurred in the performance of their duties, and such reimbursement shall come from funds from which they are otherwise compensated. Section 2. Said Act is further amended by adding a new Section to be known as Section 1 A, to read as follows: Section 1A. The Council shall be a budget unit for the purposes of Code Chapter 40-4, known as the `Budget 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 April 3, 1978.

"GA1978.1.1437">

GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDEDADOPTION OF RULES, ETC. No. 1223 (House Bill No. 1324). AN ACT To amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. Laws 1965, p. 283), an Act approved March 10, 1966 (Ga. Laws 1966, p. 333), an Act approved April 14, 1967 (Ga. Laws 1967, p. 618), an Act approved April 21, 1967 (Ga. Laws 1967, p. 893), an Act approved March 5, 1968 (Ga. Laws 1968, p. 115), an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. Laws 1965, p. 283), an Act approved March 10, 1966 (Ga. Laws 1966, p. 333), an Act approved April 14, 1967 (Ga. Laws 1967, p. 618), an Act approved April 21, 1967 (Ga. Laws 1967, p. 893), an Act approved March 5, 1968 (Ga. Laws 1968, p. 115), an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), 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: (1) Give at least thirty (30) days' notice of its intended action. The notice shall include an exact copy of the proposed rule. It shall also include the exact date on which the agency shall consider the adoption of such rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the

"GA1978.1.1438">

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 striking from subsection (b) of Section 4 the word and figure twenty (20) and inserting in lieu thereof the word and figure thirty (30) so that when so amended subsection (b) shall read as follows: (b) If any agency finds that an imminent peril to the public health, safety or welfare (including but not limited to summary processes such as quarantines, contrabands, seizures and the like authorized by law without notice), requires adoption of a rule upon fewer than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under subsections (a)(1) and (a)(2) of this Section is not precluded. Section 3. Said Act is further amended by striking subsection (d) of Section 4 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: (d) No rule hereafter adopted shall be valid unless adopted in exact compliance with subsections (a) and (e) of this Section and in substantial compliance with the remainder of this Section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Section must be commenced within two (2) years from the effective date of the rule. Section 4. Said Act is further amended by striking subsection (e) of Section 4 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows: (e) The agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of this Section to the Legislative Counsel. Such copies shall be transmitted at least thirty

"GA1978.1.1439">

(30) days prior to the date of the agency's intended action. 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 interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Section. Section 5. Said Act is further amended by striking subsection (f) of Section 4 in its entirety and inserting in lieu thereof a new 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 of overriding said rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection to so notify the presiding officers of the Senate and the House of Representatives, the chairmen of the Senate and House committees to which such rule was referred and the Legislative Counsel within ten days after the adoption of such rule. 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

"GA1978.1.1440">

event of his approval, the rule shall be void on the day after the date of his approval. 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 3, 1978. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT AMENDEDDEPARTMENT OF PUBLIC SAFETY. No. 1224 (House Bill No. 1329). AN ACT To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved February 20, 1970 (Ga. Laws 1970, p. 26), so as to authorize the Commissioner of the Department of Public Safety to waive the mandatory retirement ages for members who entered service in the Division on or before December 31, 1965; to provide 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. Laws 1949, p. 138), as amended, particularly by an Act approved February 20, 1970 (Ga. Laws 1970, p. 26), is hereby amended by striking subsection (c) of Section 15 in its entirety and inserting in lieu thereof a new subsection (c) of Section 15, to read as follows:

"GA1978.1.1441">

(c) A member subject to the provisions of this Section shall be retired on the last day of the month following the month in which he attains 55 years of age. The mandatory retirement age may be waived by the Commissioner of the Department of Public Safety as necessary to permit a member who entered service in the Division on or before December 31, 1965, to complete service sufficient to provide him with 25 years of total creditable service, and he shall be retired on the last day of the month following the month in which he completes such service. The provisions of this subsection shall not apply to the Commissioner or the Deputy Commissioner of the Department of Public Safety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. TEACHERS' RETIREMENT SYSTEM OF GEORGIA ACT AMENDEDINTEREST RATES. No. 1225 (House Bill No. 1330). AN ACT To amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1637), so as to change the provisions relative to certain rates of interest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.1442">

Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1637), is hereby amended by striking from the last sentence of subsection (14) of Section 6 the word rate and the figure 5 and inserting in lieu thereof the word rates and the figure 5 1/2, respectively, so that when so amended subsection (14) of Section 6 shall read as follows: (14) From time to time and at least in every five year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rates of regular interest for use in all calculations required in connection with the system, limited to a minimum of 2 per centum and a maximum of 5 1/2 per centum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. TEACHERS' RETIREMENT SYSTEM ACT AMENDEDDEATH BENEFITS. No. 1226 (House Bill No. 1331). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended,

"GA1978.1.1443">

particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 905), and by an Act approved March 26, 1974 (Ga. Laws 1974, p. 1023), so as to provide additional provisions relative to death benefits; 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. Laws 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 905), and by an Act approved March 26, 1974 (Ga. Laws 1974, p. 1023), is hereby amended by adding at the end of subsection (5) of Section 5 a new paragraph (c) to read as follows: (c) When a member in service, who has not named a beneficiary on a beneficiary designation form filed with the System, dies, and such member: (i) has less than 10 years of creditable service, then the death benefit shall consist of a refund of the member's accumulated contributions to his surviving spouse, and if there is no surviving spouse, such accumulated contributions shall be refunded to the deceased member's estate; or (ii) has 10 or more years of creditable service and no surviving spouse, then the death benefit shall consist of a refund of the member's accumulated contributions to his estate; or (iii) has 10 or more years of creditable service and a surviving spouse, then the death benefit, at the option of the surviving spouse, shall consist of a refund to the surviving spouse of the member's accumulated contributions or the payment to the surviving spouse of the monthly benefit under subparagraph (ii) of paragraph (a) of this subsection in accordance with the amount of creditable service of the deceased member.

"GA1978.1.1444">

Section 2. Said Act is further amended by striking the second paragraph of subsection (7) of Section 5 in its entirety and substituting in lieu thereof a new second paragraph of said subsection to read as follows: If a member dies, the amount of his accumulated contributions, with interest credits thereon, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise to the member's surviving spouse, if any, or to his estate, if the member had less than 10 years of creditable service at the time of death. If the deceased member had 10 years or more of creditable service, the death benefit shall be paid in accordance with the applicable provisions of subsection (5) of this Section. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. REVENUEINCOME TAX RETURNS OF TAXPAYERS WHO DIE WITHIN TAXABLE YEAR. Code Section 92-3118 Amended. No. 1227 (House Bill No. 1332). AN ACT To amend Code Section 92-3118, relating to income tax accounting periods and accounting methods, so as to remove a certain provision respecting income of deceased taxpayers arising from installment contracts; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1445">

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-3118, relating to income tax accounting periods and accounting methods, is hereby amended by striking from subsection (g) thereof the following: Income paid to the deceased taxpayer or which would have been ultimately payable to such taxpayer shall bear such income tax as it would have borne in the hands of the deceased taxpayer, regardless of the person who shall ultimately make payment to the State of the particular tax. Provided that income arising from installment contracts as defined by the Commissioner of Revenue of the State of Georgia shall be taxable in the decedent's final return unless a computation of such income and the tax due therefrom shall be filed with the Commissioner of Revenue within six months of the date of death together with a bond satisfactory to the Commissioner conditioned to pay such taxes, as such obligations are paid, together with any interest which may accrue thereon and all costs of collection thereof and provided further that the date of payment is fixed and determinable at the time of the original taxpayer's death and is not extended by the person, firm or corporation acquiring title thereto., so that when so amended subsection (g) shall read as follows: (g) Income and expenses of a taxpayer who dies during the taxable year shall be computed on the same method of accounting (cash or accrual) as was used by the taxpayer in the preparation of the last income tax return filed by him with the Commissioner of Revenue of the State of Georgia, if such a return had been filed within the three years next preceding the date of such death. If no return had been filed within such three-year period, the return of such deceased taxpayer shall be prepared on the cash method unless the Commissioner of Revenue shall certify that such method, because of particular circumstances is not reasonable to either the State or the interest of the heirs or legatees or devisees interested in such taxpayer's estate, in which event the Commissioner of Revenue may order the preparation of the return on the accrual method.

"GA1978.1.1446">

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 3, 1978. COUNTY BOARDS OF EDUCATION. Code Section 32-904 Amended. Code Section 32-942.1 Enacted. No. 1228 (House Bill No. 1335). AN ACT To amend Code Chapter 32-9, relating to county boards of education, as amended, so as to change the compensation of members of county boards of education; to authorize county and independent school systems to use school buses to provide transportation for the elderly and the handicapped under certain conditions; to provide for the expiration of such authority on a certain day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 32-9, relating to county boards of education,

"GA1978.1.1447">

as amended, is hereby amended by striking from Code Section 32-904 the following: $20, and inserting in lieu thereof the following: $50, so that when so amended Code Section 32-904 shall read as follows: 32-904. The General Assembly is hereby authorized to provide the compensation of members of county boards of education by local Act. In any county for which no local Act is passed, members of the county board of education shall, when approved by the county board of education affected, receive a per diem of $50 for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county superintendent of schools. In all counties the compensation of members of county boards of education shall be paid only from the local tax funds available to county boards of education for educational purposes; provided, however, that nothing herein contained shall affect a county board of education or school system created prior to the Constitution of 1877. Section 2. Said Code Chapter is further amended by adding following Code Section 32-942, relating to school funds, a new Code Section to be designated Code Section 32-942.1, to read as follows: 32-942.1. Transportation of the elderly.Notwithstanding any other provisions of law to the contrary including Section 32-942, relating to school funds, county and independent school systems may use school buses to provide transportation for the elderly and the handicapped if the cost of such transportation is reimbursed in full from federal, State, local or other funds, other than school

"GA1978.1.1448">

funds. The authority granted to local school systems pursuant to this Section shall expire July 1, 1982, unless extended by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. REVENUEACT TO CLASSIFY PROPERTY FOR TAXATION AMENDED. No. 1229 (House Bill No. 1338). AN ACT To amend an Act to Classify Property for Taxation, approved December 27, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 156), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 924) and an Act approved March 5, 1976 (Ga. Laws 1976, p. 405), so as to exempt from the tax certain property of certain international banking corporations and international bank 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 to Classify Property for Taxation, approved December 27, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 156), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 924) and an Act approved March 5, 1976 (Ga. Laws 1976, p. 405), is hereby amended by redesignating that particular

"GA1978.1.1449">

Section 14 thereof which was added to the Act by an Act approved March 5, 1976 (Ga. Laws 1976, p. 405), as Section 14A and by inserting in said Section between the words associations and nor in the second sentence thereof the following: nor international banking corporations and international bank agencies authorized to conduct business in this State under the provisions of Georgia law, so that when so amended said Section shall read as follows: Section 14A. Notwithstanding any other provisions of this Act, banks chartered under the laws of this State and building and loan associations organized under the laws of this State, which accept funds for deposit and submit to examination by the Commissioner of Banking and Finance of this State, and banks and savings and loan associations chartered under the laws of the United States shall be taxed as provided by law. Neither such banks nor such building and loan associations nor international banking corporations and international bank agencies authorized to conduct business in this State under the provisions of Georgia law, nor their assets shall be subject to the provisions of this Act. Provided, however, that nothing contained in this Section shall be construed to exempt from the provisions of this Act any person, partnership, or corporation licensed to carry on a small loan business under the provisions of Code Chapter 25-3, as now or hereafter amended. 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 3, 1978.

"GA1978.1.1450">

AGRICULTURELICENSING AND BONDING OF DEALERS IN AGRICULTURAL PRODUCTS. No. 1230 (House Bill No. 1342). AN ACT To amend an Act providing for the licensing and bonding of dealers in agricultural products, approved March 9, 1956 (Ga. Laws 1956, p. 617), as amended, so as to provide that holders of food sales establishment licenses shall be exempt from such Act; to change the provisions relating to definitions; 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 and bonding of dealers in agricultural products, approved March 9, 1956 (Ga. Laws 1956, p. 617), as amended, is hereby amended by adding at the end of paragraph (1) of Section 1 of said Act the following: Dealer in agricultural products' shall not mean or include holders of food sales establishment licenses issued pursuant to the `Georgia Food Act,' approved February 23, 1956 (Ga. Laws 1956, p. 195), as the same may now or hereafter be amended, and such food sales establishments are hereby exempt from this Act., so that when so amended paragraph (1) of Section 1 of said Act shall read as follows: (1) `Dealer in agricultural products' means any person, association, itinerant dealer, co-partnership or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his agent or representative

"GA1978.1.1451">

or received on consignment from the producer or his agent or representative or received to be handled on net return basis from the producer. `Dealer in agricultural products' shall not mean or include holders of food sales establishment licenses issued pursuant to the `Georgia Food Act,' approved February 23, 1956 (Ga. Laws 1956, p. 195), as the same may now or hereafter be amended, and such food sales establishments are hereby exempt from this Act. Section 2. Said Act is further amended by adding to Section 2 a new paragraph (3), to read as follows: (3) Holders of food sales establishment licenses issued pursuant to the `Georgia Food Act,' approved February 23, 1956 (Ga. Laws 1956, p. 195), as the same may now or hereafter be amended., so that when so amended Section 2 shall read as follows: Section 2. The provisions of this Act shall not apply to: (1) Farmers or groups of farmers in the sale of agricultural products grown by themselves. (2) All persons who buy for cash; that is, those who pay at the time of purchase in United States currency, certified check, cashier's check or their equivalent. (3) Holders of food sales establishment licenses issued pursuant to the `Georgia Food Act,' approved February 23, 1956 (Ga. Laws 1956, p. 195), as the same may now or hereafter be amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1452">

DRIVER'S LICENSING ACT AMENDEDSUSPENSION OF DRIVERS' LICENSES. Code Section 68B-316 Amended. No. 1231 (House Bill No. 1345). AN ACT To amend Code Title 68B, known as The Driver's Licensing Act, as amended, so as to provide that the Department of Public Safety shall suspend the driver's license of any person who fails to respond to a citation or appear in court; to provide exceptions; to provide for hearings; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 68B, known as The Driver's Licensing Act, as amended, is hereby amended by adding at the end of Article III a new Code Section to be numbered Code Section 68B-316 to read as follows: 68B-316. Suspension of operating privilege for failure to respond to citation. (a) (1) Notwithstanding any other provisions of this Code Title or any other Georgia law to the contrary, the Department is authorized to suspend the license or privilege of a driver to operate a motor vehicle upon a showing by its records or other sufficient evidence that the licensee has failed to: (A) respond to a traffic citation for a moving violation issued by a member of the Uniform Division of the Department of Public Safety or a law enforcement officer in another State who performs similar duties; or (B) appear in court in accordance with the terms and conditions of a traffic citation issued by a member of the Uniform Division of the Department of Public Safety or a law enforcement officer in another State who performs similar duties.

"GA1978.1.1453">

(2) The Department shall forthwith notify such person that his license is to be suspended subject to review as provided for in this Code Title. (3) The authority granted herein to the Department shall apply to a traffic citation issued by a law enforcement officer in another State only if the State of Georgia and that State have entered into a Compact or other Agreement which contains a provision that final adjudication of the offense cited may be completed by mail. (b) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the Department shall hold a hearing as provided for in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. After such hearing, the Department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (c) The suspension provided for above shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such suspension shall be in addition to any other suspension or revocation provided for in 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 April 3, 1978.

"GA1978.1.1454">

PODIATRY DEFINED. Code Section 84-601 Amended. No. 1232 (House Bill No. 1349). AN ACT To amend Code Section 84-601, relating to the definition of podiatry, so as to change the said definition; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-601, relating to the definition of podiatry, is hereby amended by striking in its entirety the second unnumbered paragraph thereof, which reads as follows: Podiatrists shall not be deemed to be included in the expressions `licensed doctors of medicine', `doctors of medicine', `doctors of medicine licensed to practice in this State' and the like., so that when so amended Code Section 84-601 shall read as follows: 84-601. `Podiatry' defined; amputations; use of anesthetics.`Podiatry' (chiropody), for the purpose of this Chapter, means the diagnosis, medical, surgical, mechanical, manipulative and electrical treatment limited to the ailments of the human foot and leg. No podiatrist shall do any amputation or use any anesthetic other than local. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1455">

RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 1233 (House Bill No. 1351). AN ACT To amend the Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 721), so as to further define the terms retail seller and seller; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 721), is hereby amended by inserting in paragraph (5) of subsection (a) of Section 2 after the word goods the words or services, so that when so amended, said paragraph (5) shall read as follows: (5) `Retail seller' or `seller' means a person regularly engaged in, and whose business consists to a substantial extent of, selling goods or services to a retail buyer. The term also includes a seller who regularly grants credit to retail buyers for the purpose of purchasing goods or services from any other person pursuant to a retail installment contract or a revolving charge account. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1456">

REVENUEINCOME TAX ACT AMENDED. Code Sections 92-3107, 92-3108 Amended. No. 1234 (House Bill No. 1356). AN ACT To amend Code Chapter 92-31, relating to imposition, rate and computation of income tax, so as to change certain provisions relating to deductions from Federal adjusted gross income; to change the definition of Internal Revenue Code of 1954; 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 income tax, is hereby amended by striking subsection (a) of Code Section 92-3107 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Georgia taxable net income of an individual shall be the taxpayer's Federal adjusted gross income, as defined in the United States Internal Revenue Code of 1954, less (1) either the sum of all itemized nonbusiness deductions, if the taxpayer itemized nonbusiness deductions in computing Federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then the standard deduction allowed under the provisions of the United States Internal Revenue Code of 1954, in force and effect on January 1, 1974, and (2) the exemptions provided for in Section 92-3106, with the adjustments provided for in subsection (b). Section 2. Said Code Chapter is further amended by striking from Code Section 92-3108, wherever the same appears, the following: 1977,

"GA1978.1.1457">

and substituting in lieu thereof the following: 1978, so that when so amended Code Section 92-3108 shall 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, 1978, and any term used in this Chapter shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1978, unless otherwise provided in this Chapter. 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, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. CRIMESPUNISHMNET FOR THEFT. Code Section 26-1812 Amended. No. 1235 (House Bill No. 1361). AN ACT To amend Code Section 26-1812, relating to the punishment for certain crimes of theft, as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 841), so as to change the

"GA1978.1.1458">

penalty provisions relating to the crimes of theft; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-1812, relating to the punishment for certain crimes of theft, as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 841), is hereby amended by striking from subsection (a) the figure $100.00 and inserting in lieu thereof the figure $200.00, so that when so amended Code Section 26-1812 shall read as follows: 26-1812. Punishment. A person convicted of violation of Sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1815 and 26-1816 shall be punished as for a misdemeanor except: (a) If the property which was the subject of the theft exceeded $200.00 in value, or was an automobile or other motor vehicle, by imprisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misdemeanor; (b) If the property was taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1459">

REVENUERETURN OF MOBILE HOMES FOR TAXATION, ETC. No. 1236 (House Bill No. 1364). AN ACT To amend an Act to provide procedures for the return of mobile homes for taxation, approved April 7, 1976 (Ga. Laws 1976, p. 1529), so as to provide for the color of annual decals issued by the county tax collector or commissioner; to provide for the registration of certain mobile homes not subject to taxation for the current year under the provisions of this Act; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide procedures for the return of mobile homes for taxation, approved April 7, 1976 (Ga. Laws 1976, p. 1529), is hereby amended by striking Section 5 thereof in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) Each year every owner of a mobile home subject to taxation under the provisions of this Act shall, on or before April 1, obtain from the tax collector or tax commissioner of the county of taxation of said mobile home a mobile home location permit. The issuance of said permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the State Revenue Commissioner, which shall reflect the county of issuance, and the calendar year for which such permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. (b) Each year every owner of a mobile home situated in this State on January 1 which is not subject to taxation under this Act shall obtain, on or before April 1, from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance, and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner.

"GA1978.1.1460">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED. No. 1237 (House Bill No. 1365). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), so as to provide that in certain areas any referendums called under certain conditions will be held on the date of the general election; to change certain provisions relative to showing a credit on county and municipal ad valorem tax bills; to provide an effective date and for the repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), is hereby amended by adding to subsection (b) of Section 26A thereof a new unnumbered paragraph, to read as follows:

"GA1978.1.1461">

Any provision in this subsection (b) to the contrary notwithstanding, with respect to any referendum election called between the effective date of this amendment and October 9, 1978, by any local jurisdiction within any standard metropolitan statistical area as defined in the United States Decennial Census of 1970 and having a population of 1,300,000 or more, according to the United States Decennial Census of 1970 or any such future census, the referendum election shall be called for the same day as the general election day for 1978 unless the governing authority of the local jurisdiction calling for the referendum shall, on or before October 9, 1978, withdraw its resolution requesting the election. Section 2. Said Act is further amended by adding at the end of the fourth unnumbered paragraph of subsection (j) of Section 26A thereof the following: Provided, however, that the dollar amount of reduction of county ad valorem property taxes shall not be calculated nor reflected on those forms used for the registration and taxation of motor vehicle properties or mobile home properties., so that when so amended the said fourth unnumbered paragraph of subsection (j) of Section 26A shall read as follows: The taxing authority of each county coming under the provisions of this Section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of county ad valorem property taxes which such taxpayer has received as a result of such county coming under the provisions of this Section. Provided, however, that the dollar amount of reduction of county ad valorem property taxes shall not be calculated nor reflected on those forms used for the registration and taxation of motor vehicle properties or mobile home properties. Section 3. Said Act is further amended by adding at the end of the third unnumbered paragraph of subsection (k) of Section 26A thereof the following: Provided, however, that the dollar amount of reduction of municipal ad valorem property taxes shall not be calculated nor reflected on those forms used for the registration and taxation of motor vehicle properties or mobile home properties.,

"GA1978.1.1462">

so that when so amended the said third unnumbered paragraph of subsection (k) of Section 26A shall read as follows: The taxing authority of each municipality coming under the provisions of this Section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of municipal ad valorem property taxes which such taxpayer has received as a result of such municipality coming under the provisions of this Section. Provided, however, that the dollar amount of reduction of municipal ad valorem property taxes shall not be calculated nor reflected on those forms used for the registration and taxation of motor vehicle properties or mobile home properties. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and the unnumbered paragraph provided in Section 1 of this Act shall stand repealed on November 8, 1978. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. COUNTY BOARDS OF EDUCATIONEXPENDITURES AUTHORIZED. Code Section 32-942.1 Enacted. No. 1238 (House Bill No. 1366). AN ACT To amend Code Chapter 32-9, relating to county boards of education, as amended, so as to authorize county boards of education to expend educational funds for the purpose of providing uniforms for school maintenance, food service, or custodial personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1463">

Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 32-9, relating to county boards of education, as amended, is hereby amended by adding between Code Sections 32-942 and 32-943 a new Code Section to be designated Code Section 32-942.1 and to read as follows: 32-942.1. Certain expenditures authorized. The board of education of each county school system is hereby authorized to expend its educational funds for the purpose of providing uniforms for its school maintenance, food service, or custodial personnel. Expenditures for such purposes shall be for educational purposes by facilitating the identification of school maintenance, food service, or custodial personnel to control unauthorized access to school campuses for the purpose of promoting the public health and safety of students. 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 3, 1978. STATE EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 1239 (House Bill No. 1367). AN ACT To amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 24, 1974 (Ga. Laws 1974, p. 1210), an Act approved March 31, 1976 (Ga. Laws

"GA1978.1.1464">

1976, p. 1402), and an Act approved April 1, 1976 (Ga. Laws 1976, p. 1459), so as to change the retirement requirements and benefits for certain State personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 24, 1974 (Ga. Laws 1974, p. 1210), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1402), and an Act approved April 1, 1976 (Ga. Laws 1976, p. 1459), is hereby amended by adding a new sentence at the end of subsection (a) of Section 15A thereof to read as follows: Any provision of this Act to the contrary notwithstanding, every person who is in service in the Department of Revenue as an officer or agent of the Special Investigations Unit on June 30, 1978, and every person who enters or reenters service in the Department of Revenue as an officer or agent of the Special Investigations Unit on or after July 1, 1978, shall be covered by the provisions of this Section and deemed a member under this Section., so that when so amended subsection (a) of Section 15A shall read as follows: (a) Any other provisions of this Act to the contrary notwithstanding, every person who is in service in the Department of Natural Resources as a Conservation Ranger and every person who is in the service in the Department of Revenue as an alcohol and tobacco officer or agent on June 30, 1974, and every person who enters or reenters service in the Department of Natural Resources as a Conservation Ranger and every person who enters or reenters service in the Department of Revenue as an alcohol and tobacco officer or agent on or after July 1, 1974, shall be covered by the provisions of this Section and deemed a member under this Section. Any provision of this Act to the contrary notwithstanding, every person who is in service in the Department of Revenue as an officer or agent of the Special Investigations Unit on June 30, 1978, and every person who enters or reenters service in the Department of Revenue as an officer or agent of the Special Investigations Unit on or after July 1, 1978, shall be covered by the provisions of this Section and deemed a member under this Section.

"GA1978.1.1465">

Section 2. Said Act is further amended by adding a new paragraph at the end of subsection (c) of Section 15A to read as follows: The above mandatory retirement ages may be waived for an officer or agent of the Special Investigations Unit by the Commissioner of the Department of Revenue as necessary to permit such members who enter service in his respective department on or before January 31, 1974, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The above mandatory retirement ages may also be waived for officers or agents of the Special Investigations Unit in a supervisory classification by the Commissioner of the Department of Revenue, at his discretion, upon application of such officers or agents of the Special Investigations Unit or upon initiation by the Commissioner; provided, however, that such waivers to members in a supervisory classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply to any officer or agent of the Special Investigations Unit in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement., so that when so amended subsection (c) of Section 15A shall read as follows: (c) Any member subject to the provisions of this Section shall be retired on the last day of the month following the month in which he attains fifty-five (55) years of age; provided, however, that during the years 1974 through 1979, any member subject to the provisions of this Section may be retired on the last day of the month following the month in which he attains the retirement age set forth below: YEAR RETIREMENT AGE nineteen hundred seventy-four sixty or over nineteen hundred seventy-five fifty-nine nineteen hundred seventy-six fifty-eight nineteen hundred seventy-seven fifty-seven nineteen hundred seventy-eight fifty-six nineteen hundred seventy-nine fifty-five

"GA1978.1.1466">

Any member sixty (60) years of age or over on the effective date of this Amendment to this Act shall be retired on July 31, 1974. During the period 1975-79, any member who has attained any mandatory retirement age specified in this subsection by January 1 of any year during such period shall be retired on January 31 of such year. The above mandatory retirement ages may be waived for a Conservation Ranger by the Board of Natural Resources as necessary to permit such members who entered service in the department on or before June 30, 1965, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The above mandatory retirement ages may also be waived for Conservation Rangers in a supervisory classification by the Board of Natural Resources, at its discretion, upon application of such Conservation Rangers or upon the initiation by the Board; provided, however, that such waivers to members in a supervisory classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply to any Conservation Ranger in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. The above mandatory retirement ages may be waived for an Alcohol and Tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such members who enter service in his respective department on or before January 31, 1974, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The above mandatory retirement ages may also be waived for Alcohol and Tobacco officers or agents in a supervisory classification by the Commissioner of the Department of Revenue, at his discretion, upon application of such Alcohol and Tobacco officers or agents or upon initiation by the Commissioner; provided, however, that such waivers to members in a supervisory classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply to any Alcohol and Tobacco officer or agent in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement.

"GA1978.1.1467">

The above mandatory retirement ages may be waived for an officer or agent of the Special Investigations Unit by the Commissioner of the Department of Revenue as necessary to permit such members who enter service in his respective department on or before January 31, 1974, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The above mandatory retirement ages may also be waived for officers or agents of the Special Investigations Unit in a supervisory classification by the Commissioner of the Department of Revenue, at his discretion, upon application of such officers or agents of the Special Investigations Unit or upon initiation by the Commissioner; provided, however, that such waivers to members in a supervisory classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply to any officer or agent of the Special Investigations Unit in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. AGRICULTURESPECIAL SALES OF LIVESTOCK. No. 1240 (House Bill No. 1370). AN ACT To amend an Act providing for the regulation of the sale of livestock at auction, approved March 7, 1956 (Ga. Laws 1956, p. 501), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws, 1959, p. 296), so as to change the definition of the term special sale; to change the provisions relating to special livestock

"GA1978.1.1468">

sales; to change the provisions relating to permits; to change the provisions relating to bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the regulation of the sale of livestock at auction, approved March 7, 1956 (Ga. Laws 1956, p. 501), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 296), is hereby amended by striking Section 7D, which reads as follows: Section 7D. The Commissioner of Agriculture is authorized to prescribe rules and regulations for the operation of special sales. `Special sale', as used herein, shall mean a sale held by a dealer or a licensed sales establishment at a time other than the regular sale of the dealer or the sales establishment. It shall also include all sales except regular sales at sales establishments and sales by farmers of livestock owned by the farmer on the property of the farmer. No person shall hold a special sale without obtaining a permit therefor from the Commissioner, which shall be granted by the Commissioner without charge upon submission to the Commissioner of proof satisfactory to the Commissioner that the person applying for the permit is bonded, as herein provided, in an amount equal to the anticipated proceeds of the sale. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law., in its entirety and inserting in lieu thereof a new Section 7D, to read as follows: Section 7D. The Commissioner of Agriculture is authorized to prescribe rules and regulations for the operation of special sales. `Special sale', as used herein, shall mean any livestock sale, except a regular sale at an establishment and any sale by a farmer of livestock owned by the farmer, with payment made directly to the farmer. No person shall hold a special sale without obtaining a permit therefor from the Commissioner of Agriculture or his duly authorized representative, which shall be granted without charge upon submission of proof satisfactory to the Commissioner that the person applying for the permit is bonded in an amount equal to one-fourth of the anticipated proceeds of the sale; provided, however, that such

"GA1978.1.1469">

bond shall be not less than $5,000.00 and not more than $50,000.00 in amount. Associations holding sales of animals consigned by members of the association only shall not be required to procure a bond if the directors of the association accept full responsibility for financial obligations of sale and release the Commissioner of Agriculture, in writing, from any responsibility thereof. Any person who shall violate the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. REVENUECOMPROMISE OF INCOME TAX PENALTY CASES. Code Section 92-3007 Amended. No. 1241 (House Bill No. 1381). AN ACT To amend Code Section 92-3007, relating to compromise of income tax penalty cases, so as to permit the Commissioner to make refunds under certain circumstances of penalties previously paid; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-3007, relating to compromise of income tax penalty cases, is hereby amended by adding at the end of said Section the following:

"GA1978.1.1470">

When any penalty is paid without the commencement of suit on the penalty and the Commissioner, within 3 years after the date of the payment, determines that the circumstances giving rise to the penalty were reasonably beyond the control of the taxpayer, the Commissioner may authorize the refund of all or any part of the penalty so paid and any interest paid on the penalty., so that when so amended Code Section 92-3007 shall read as follows: 92-3007. Compromise of penalty cases.The Commissioner may compromise any penalty arising under the provisions of this law, instead of commencing suit thereon, and may compromise any such case with the consent of the Attorney General after suit thereon has been commenced. Where any penalty case is compromised, the Commissioner shall keep on file in his office the reasons for settlement of such. When any penalty is paid without the commencement of suit on the penalty and the Commissioner, within 3 years after the date of the payment, determines that the circumstances giving rise to the penalty were reasonably beyond the control of the taxpayer, the Commissioner may authorize the refund of all or any part of the penalty so paid and any interest paid on the penalty. 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 3, 1978.

"GA1978.1.1471">

REVENUEDEPENDENT DEFINED FOR INCOME TAX PURPOSES, ETC. Code Section 92-3106 Amended. No. 1242 (House Bill No. 1390). AN ACT To amend Code Section 92-3106, relating to personal exemptions for income tax purposes, as amended, so as to authorize multiple support agreements for determining entitlement to certain dependency exemptions; to provide for application; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-3106, relating to personal exemptions for income tax purposes, as amended, is hereby amended by striking paragraph (1) of subsection (b) thereof in its entirety and substituting in lieu thereof a new paragraph (1) of subsection (b) to read as follows: (1) (A) The term `dependent' means any of the following individuals over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer. (i) A son or daughter of the taxpayer, or a descendent of either. (ii) A stepson or stepdaughter of the taxpayer. (iii) A brother, sister, stepbrother, or stepsister of the taxpayer. (iv) The father or mother of the taxpayer, or an ancestor of either. (v) A stepfather or stepmother of the taxpayer.

"GA1978.1.1472">

(vi) A son or daughter of a brother or sister of the taxpayer. (vii) A brother or sister of the father or mother of the taxpayer. (viii) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law or sister-in-law of the taxpayer. (B) For the purposes of subparagraph (A), over half of the support of an individual for a calendar year shall be treated as received from the taxpayer if: (i) No one person contributed over half of such support; (ii) Over half of such support was received from persons each of whom, but for the fact that he did not contribute over half of such support, would have been entitled to claim such individual as a dependent for a taxable year beginning in such calendar year; (iii) The taxpayer contributed over 10 percent of such support; and (iv) Each person described in sub-subparagraph (ii) (other than the taxpayer) who contributed over 10 percent of such support files a written declaration (in such manner and form as the Commissioner may by regulations prescribe) that he will not claim such individual as a dependent for any taxable year beginning in such calendar year. Section 2. The provisions of this Act shall apply with respect to taxable years beginning on or after January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1473">

GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDRIDE-SHARING PROJECTS. Code Section 95A-1307 Enacted. No. 1243 (House Bill No. 1421). AN ACT To amend Code Title 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 817), an Act approved March 23, 1977 (Ga. Laws 1977, p. 868) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 870), so as to authorize the Department of Transportation to provide assistance to private businesses in implementing ride-sharing projects; 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 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 817), an Act approved March 23, 1977 (Ga. Laws 1977, p. 868) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 870), is hereby amended by adding a new Code Section 95A-1307 immediately following Code Section 95A-1306, to read as follows: 95A-1307. Ride-sharing projects. The Department is authorized to provide technical advice and administrative support, but no financial support, to assist private businesses in establishing ride-sharing programs. A ride-sharing program is an undertaking designed to encourage safe and adequate transportation by increasing the number of person-trips per vehicle, regardless of the type of vehicle.

"GA1978.1.1474">

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 3, 1978. ACT REGULATING PRACTICE OF SPEECH PATHOLOGY AND AUDIOLOGY AMENDED. No. 1244 (House Bill No. 1428). AN ACT To amend an Act regulating the practice of speech pathology and audiology, approved March 26, 1974 (Ga. Laws 1974, p. 1009), so as to change the list of names from which persons may be appointed as Board members; to change certain powers and duties of the Board; to prohibit unlicensed persons from practicing or holding themselves out as being able to practice speech pathology or audiology; to provide exceptions; to change certain requirements for licensure; to change the time for license renewal; to provide for injunctions; to provide 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 practice of speech pathology and audiology, approved March 26, 1974 (Ga. Laws 1974, p. 1009), is hereby amended by adding in the last sentence of subsection(b) of Section 4 after the following: respective organizations,

"GA1978.1.1475">

the following: and/or other interested persons, so that when so amended, said subsection shall read as follows: (b) Within ninety days after the effective date of this Act, the first Board shall be appointed by the Governor from a list of names of at least five speech pathologists and five audiologists submitted by the Georgia Speech and Hearing Association. Each otolaryngologist shall be appointed from a list of names of at least two otolaryngologists submitted by the Georgia Society of Otolaryngology. Each subsequent appointment shall be made from lists of names of no less than two persons from recommendations submitted by the respective organizations and/or other interested persons. Section 2. Said Act is further amended by striking from paragraph (13) of subsection (c) of Section 5 the following: provide, and inserting in lieu thereof the following: establish requirements, so that when so amended, said paragraph shall read as follows: (13) establish requirements for the continuing professional education of persons subject to this Act by appropriate regulation;. Section 3. Said Act is further amended by striking in its entirety Section 7 thereof, which reads as follows: Section 7. Licensure and Regulation of Speech Pathologists and Audiologists. (a) On and after January 1, 1975, no person shall practice or hold himself out as being able to practice either speech pathology or audiology in this State unless he is licensed in accordance with the provisions of this Act. Nothing in this Act, however, shall be construed to prevent a person licensed or certified under any other law of the State of Georgia, such as physicians, nurses, clinical psychologists, State certified teachers of the hearing impaired, and persons dispensing hearing aids, from engaging in the activities for which he is licensed or certified.

"GA1978.1.1476">

(b) Licensure is not required of a speech pathologist or an audiologist while he is working as an employee of a federal, state, county, or municipal agency, or a duly chartered educational institution, or a training center, provided that no fees are charged for the services, either directly or through a third party. (c) Nothing in this Act shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services directly related to meeting the qualification for licensure as stipulated by this Act at a recognized educational institution or training center. (d) Nothing in this Act shall be construed to restrict hearing testing or any other act by a licensed physician and surgeon operating within the scope of his licensure or the doing of such acts by persons acting under his direct supervision. (e) Nothing in this Act shall be construed to entitle any person licensed hereunder, to engage in the practice of selling and dispensing hearing aids, unless such person also holds a valid license as a hearing aid dispenser issued under the laws of Georgia. (f) Nothing in this Act shall be construed to limit in any way the rights of hearing aid dispensers, licensed under Georgia law, as set forth in the Act creating the Board of Hearing Aid Dealers and Dispensers, approved March 24, 1970 (Ga. Laws 1970, p. 653, et seq.) as the same now exists or as it may hereafter be amended. (g) Applications for licenses may be made any time after the effective date of this Act. Any license shall be kept conspicuously posted in the licensee's office or place of business at all times., and inserting in lieu thereof a new Section 7, to read as follows: Section 7. Licensure and Regulation of Speech Pathologists and Audiologists. (a) On and after July 1, 1978, no person shall practice or hold himself out as being able to practice speech pathology or audiology in this State unless he is licensed in accordance with the provisions of this Act. Nothing in this Act, however, shall be construed as to prevent a person licensed under any other law of the State of Georgia from operating within the scope of his license.

"GA1978.1.1477">

(b) Licensure is not required of a speech pathologist or an audiologist certified by the State Department of Education while he is working as an employee of a duly chartered educational institution, provided that no fees are charged for the services either directly or through a third party. (c) Nothing in this Act shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services which are directly related to meeting the qualifications for licensure as stipulated by this Act. (d) Applications for licenses may be made any time on or after July 1, 1978. Any license shall be conspicuously posted at all times in the licensee's office or place of business. (e) Nothing in this Act shall be construed to entitle any person licensed hereunder, to engage in the practice of selling and dispensing hearing aids, unless such person also holds a valid license as a hearing aid dealer or dispenser issued under the laws of Georgia; (f) Nothing in this Act shall be construed to limit in any way the rights of hearing aid dealers or dispensers licensed under Georgia law. Section 4. Said Act is further amended by striking in its entirety subsection (b) of Section 8, which reads as follows: (b) Submit evidence of the completion of 60 semester hours of academic credit from one or more accredited colleges or universities constituting a well-integrated program that includes 18 semester hours in courses that provide fundamental information applicable to the normal development and use of speech, hearing and language, and 42 semester hours in courses that provide information about and training in the management of speech, hearing and language disorders, or that provide information supplementary to these fields. Of these 42 semester hours, no fewer than six must be in audiology for the speech pathologist or in speech pathology for the audiologist; no more than six of these 42 semester hours may be in courses that provide academic credit for clinical practice. Of these 42 semester hours, at least 24, not including credit for thesis or dissertation, must be in courses in the field in which the license is requested. Furthermore, 30 of these 42 semester hours must be in courses acceptable

"GA1978.1.1478">

toward a graduate degree by the college or university in which these courses are taken., and inserting in lieu thereof a new subsection (b) of Section 8 to read as follows: (b) Submit evidence of the completion of 60 semester hours of academic credit from one or more accredited colleges or universities constituting a well-integrated program that includes 12 semester hours in courses that provide fundamental information applicable to the normal development and use of speech, hearing and language, and 30 semester hours in courses that provide information about and training in the management of speech, hearing and language disorders, or that provide information supplementary to these fields. Of these 30 semester hours, no fewer than six must be in audiology for the speech pathologist or in speech pathology for the audiologist; no more than six of these 30 semester hours may be in courses that provide academic credit for clinical practice. Of these 30 semester hours, at least 24, not including credit for thesis or dissertation, must be in courses in the field in which the license is requested. Furthermore, 30 of these 60 semester hours must be in courses acceptable toward a graduate degree by the college or university in which these courses are taken. Section 5. Said Act is further amended by striking from subsection (c) of Section 8 the following: 275, and inserting in lieu thereof the following: 300, so that when so amended, said subsection shall read as follows: (c) Submit evidence of the completion of 300 clock hours of directly supervised clinical practicum with cases representative of a wide spectrum of ages and communication disorders. The experience must be obtained within the accredited academic institution or in one of its cooperating programs.

"GA1978.1.1479">

Section 6. Said Act is further amended by striking from the first sentence of subsection (d) of Section 10 the following: each year, and inserting in lieu thereof the following: , 1978, and biennially thereafter, and by adding in the second sentence of said subsection (d) after the following: any given year, the following: during which renewal must be made, so that when so amended, said subsection (d) shall read as follows: (d) Every person licensed under this Act shall pay, on or before December 1, 1978, and biennially thereafter, a fee for renewal of a license. The Board may, in the event payment of the renewal is rendered after December 31 of any given year during which renewal must be made, renew a license upon payment of the renewal license fee plus a late renewal payment penalty, which penalty shall equal the amount prescribed by the Board. No person whose license has expired and who requests renewal of license shall be required to submit evidence of qualifications as a condition of renewal, if such renewal application is made within two years from the date of such expiration. Any person who fails to renew his license within five years after the date of its expiration may not renew it, and it may not be restored, reissued or reinstated thereafter; provided, however, that such person may apply for and obtain a new license if he meets the current requirements of this Act. Section 7. Said Act is further amended by striking Section 14 in its entirety, which reads as follows: Section 14. Penalties. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of no less than $250.00, nor

"GA1978.1.1480">

more than $1,000.00, or by imprisonment for not more than six months, or both. A license held by any person convicted under this Section shall be forfeited and revoked forthwith for one year from the date of such conviction., and inserting in lieu thereof the following: Section 14. Penalties. (a) The Georgia State Board of Examiners for Speech Pathology and Audiology may bring an equitable proceeding to enjoin by writ of injunction, any person, firm, or corporation, who without being licensed or registered to do so by said Board engages in or practices in the occupations of speech pathology or audiology herein regulated. The proceeding shall be filed in the county in which such person resides or in the case of a firm or corporation, where said firm or corporation maintains its principal office, and unless it shall be made to appear that such person, firm, or corporation so engaging or practicing speech pathology or audiology is licensed or registered, the writ of injunction shall be issued and such person, firm or corporation perpetually enjoined from said activities throughout the State. It shall not be necessary in order to obtain the equitable relief herein provided for the Georgia State Board of Examiners for Speech Pathology and Audiology to allege and prove that there is no adequate remedy at law. It is hereby declared that such unlicensed activities are a menace and a nuisance dangerous to the public health, safety and welfare. (b) Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of no less than $250.00, nor more than $1,000.00, or by imprisonment for not more than six months, or both. A license held by any person convicted under this Section shall be forfeited and revoked forthwith for one year from the date of such conviction. Section 8. This Act shall become effective upon July 1, 1978. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1481">

GRIFFIN JUDICIAL CIRCUITTERMS, ETC. No. 1245 (House Bill No. 1429). AN ACT To amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. Laws 1923, p. 68), as amended, so as to change the times for holding court in said circuit; to provide a time and procedure for the calling of cases for trial or announcement, or both; to provide for the setting aside of arraignment days in criminal cases; to provide for terms at which grand juries shall meet; 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 Griffin Judicial Circuit, approved August 17, 1923 (Ga. Laws 1923, p. 68), 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. Times of holding court in the Griffin Judicial Circuit. The superior courts in the several counties composing the Griffin Judicial Circuit, shall begin and hold regular terms of court, as follows:

"GA1978.1.1482">

Spalding County: On the first Mondays in February, June, and October. Fayette County: On the first Monday in March and the second Monday in September. Upson County: On the third Mondays in March and August, and on the first Monday in November. Pike County: On the third Mondays in April and November. Civil cases shall be called for trial or announcement as to status beginning on the first day of each term, and that part of the first and second weeks of each regular term required for the trial and disposition of pending civil matters shall be devoted thereto. Criminal cases and matters related thereto shall be called for trial and/or hearings beginning on the first court day of the third week of each regular term and each criminal session shall then continue for such parts of said third week and for such part of the fourth week of each regular term of court as may be necessary for the disposition of pending criminal matters; provided, however, arraignments shall be held on the first day of the second week on said term. Adjourned and special terms of court may be called as needed, in the discretion of the chief judge of the circuit, as provided by law. There shall be at the spring and fall terms of said several courts a grand jury chosen, empaneled and sworn, which shall serve as such as provided by law, but at the intermediate or summer terms of said courts, there shall be no grand jury, unless, in the opinion of the chief judge of said courts, it is expedient or necessary to have a grand jury, in which event, he may, in his discretion, either draw a grand jury for service at such terms, or require the last preceding grand jury to attend and serve 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 April 3, 1978.

"GA1978.1.1483">

UNIFORM RULES OF THE ROAD AMENDED. Code Title 68A Amended. No. 1246 (House Bill No. 1434). AN ACT To amend Code Title 68A, The Uniform Rules of the Road, as amended, so as to provide for the applicability of certain laws to bicycles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 68A, The Uniform Rules of the Road, as amended, is hereby amended by striking from subsection (63) of Section 68A-101 the following: moved by human power or, so that when so amended that subsection shall read as follows: (63) Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Section 2. That Title is further amended by striking from subsection (a) of Section 68A-904 the following: motor, so that when so amended that subsection shall read as follows: 68A-904. Fleeing or attempting to elude a police officer. (a) Any driver of a vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given a visual or an audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.

"GA1978.1.1484">

Section 3. That Title is further amended by striking from Section 68A-1107 the following: motor, so that when so amended, that Section shall read as follows: 68A-1107. Driving on mountain highways. The driver of a vehicle traveling through defiles or canyons or on mountain highways shall hold such vehicle under control and as near the right-hand edge of the highway as reasonably possible, and except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway. Section 4. That Title is further amended by striking 68A-1202 which reads as follows: 68A-1202. Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except as to special regulations in this article and except as to those provisions of this Title when by their nature can have no application., in its entirety and inserting in lieu thereof the following: 68A-1202. Traffic laws apply to persons riding bicycles. The provisions of this Title that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles except that the penalties prescribed in Code Sections 68A-901(b), 68A-902(a), and 68A-903(a) shall not apply to persons riding bicycles. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1485">

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDSPECIAL EDUCATION LEADERSHIP UNITS. No. 1247 (House Bill No. 1693). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 988), so as to change the provisions relative to the allocation of special education leadership units; to provide conditions for the effectiveness of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 988), is hereby amended by striking from paragraph (2) of subsection (d) of Section 21 the figure 40 and inserting in lieu thereof the figure 25, so that when so amended subsection (d) of Section 21 shall read as follows: (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 25 special education instructional units or major fraction thereof. Section 2. This Act shall become effective when funds are appropriated by the General Assembly or otherwise made available to carry out the provisions of this Act.

"GA1978.1.1486">

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDOBJECTIVES AND PURPOSES. No. 1248 (House Bill No. 1694). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to change the provisions relative to the objectives and purposes of the Adequate Program for Education; 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. Laws 1974, p. 1045), as amended, is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. Establishment of Adequate Program for Education in Georgia. The General Assembly of Georgia, recognizing the need for: Providing an equitably financed public educational structure assuring each Georgian an adequate educational opportunity to develop competencies needed for life roles; an adequate program of general education which shall provide students with the competencies necessary to develop good physical and mental health to deal effectively and responsibly with others, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be effective

"GA1978.1.1487">

workers and responsible citizens; establishing and maintaining common minimum standards on a Statewide basis which ensure that each child may attend a standard and certified school; providing each child with access to a quality program which will allow personal development as well as career training; providing for a program assessment and improvement plan which focuses on staff development first, and then on the processes for change which include adequate planning, research and experimental programs leading to continued improvement of public education in Georgia; making teaching as attractive and rewarding a profession as possible in order to attract, hold and fully utilize competent professional personnel in the public school systems in this State; providing for the most efficient use of the school facilities so that broader curriculum and more flexible programming will be available to students throughout the calendar year; providing a method whereby all Georgians shall pay their fair share of the cost of such programs; providing a means whereby the foregoing needs might more readily be met in order to provide an adequate education for the citizens of the State and to discharge the responsibilities and obligations of the State to ensure a literate and informed society does hereby establish an Adequate Program for Education in Georgia for its citizens. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1488">

BILLIARD ROOMSLICENSES, APPLICATION OF ACT IN CERTAIN COUNTIES AND MUNICIPALITIES OPTIONAL (100,000 OR MORE). Code Chapter 84-16 Amended. No. 1249 (House Bill No. 1699). AN ACT To amend Code Chapter 84-16, relating to regulation of billiard rooms, so as to remove certain references to race regarding applications and issuance of licenses and regarding who may congregate and play in certain billiard rooms; to provide that the provisions of the Chapter shall not apply, under certain circumstances, in counties having a population of 100,000 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 Chapter 84-16, relating to regulation of billiard rooms, is hereby amended by striking from the first sentence of Section 84-1603, relating to qualification of licensees, the following: ; nor to any person of the white or Caucasian race to operate a billiard room to be used, frequented or patronized by persons of the Negro race; nor to any person of the Negro race to operate a billiard room to be used, frequented or patronized by persons of the white or Caucasian race, so that when so amended, Code Section 84-1603 shall read as follows: 84-1603. Qualification of licensees; applications made to whom. No license to operate a billiard room shall be issued to any person who is not 21 years of age and a citizen of the United States, or who has been convicted of a felony. Application for license to operate a billiard room shall be first made to the tax collector of the county in which the applicant proposes to conduct said business in the form hereinafter provided, and no license shall be issued by any city or town to any person to engage in such business until after

"GA1978.1.1489">

such person has made application to and has been granted a license by the tax collector of the county in which such city or town is located. Section 2. Said Code Chapter is further amended by striking from Code Section 84-1604, relating to application for license, the following: ; and that, if a white person, he will not permit Negroes to congregate or play in his place of business; and, if a Negro, he will not permit any white person to remain or play in his place of business, so that when so amended, Code Section 84-1604 shall read as follows: 84-1604. Application for license; affidavit; bond; fees; forfeiture. Every application for license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felony; that he will not permit vagrants, or persons under the influence of intoxicating liquors, to enter or play in his place; that the applicant will have personal charge and management of said business; that he will not permit gambling, nor permit the above described tables to be used in any manner other than as provided by law. There shall also be filed with the application a bond in the penal sum of $500, payable to the State, and conditioned upon the faithful performance of all provisions of this Chapter, signed by the applicant as principal, and either a surety company or two individuals as securities, which bond shall be approved by the tax collector and filed in his office. When said application and bond shall have been filed and approved as aforesaid, the tax collector shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law. If any licensee hereunder shall voluntarily relinquish personal supervision, management and control of such billiard room he shall surrender his license to the tax collector who may issue a new license to some other person, firm or corporation to continue said business under the provisions of this Chapter, in which event credit shall be given for the unused portion of said surrendered license, but if any licensee shall transfer or sublease such place of business to anyone, or relinquish management and control of said business without surrendering his license to the tax collector

"GA1978.1.1490">

for reissuance, said license shall be deemed to be forfeited, and the tax collector must notify the sheriff of the county who shall close said place of business. Section 3. Said Code Chapter is further amended by adding a new Section at the end thereof, to be designated Code Section 84-1617, to read as follows: 84-1617. Chapter optional in certain counties. The provisions of this Chapter shall not apply in counties or municipalities having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census, if the governing body of any such county or municipality, by appropriate local ordinance or resolution, provides that the provisions of this Chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. REVENUEPOLICE POWERS OF SPECIAL AGENTS AND ENFORCEMENT OFFICERS. No. 1250 (House Bill No. 1708). AN ACT To amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws, approved March 15, 1963 (Ga. Laws 1963, p. 135), so as to authorize special agents and enforcement officers to assist local authorities in criminal cases and in the prevention of crime under certain conditions; to

"GA1978.1.1491">

provide for clarification; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws, approved March 15, 1963 (Ga. Laws 1963, p. 135), is hereby amended by adding between Section 1 and Section 2 a new Section to be designated Section 1A to read as follows: Section 1A. Upon the request of the governing authorities of any municipality, or of the sheriff of any county, or of the judge of the superior court of any county of this State or of the Governor of this State, the State Revenue Commissioner, in unusual circumstances, may, and in the case of an order from the Governor of Georgia shall, direct special agents and enforcement officers of the State Department of Revenue to render assistance in any criminal case, or in the prevention of violations of law or in detecting and apprehending those violating any criminal laws of this or any other state or the United States. This Section shall not only apply to agents who enforce the liquor, wine and beer laws but to all agents of the Department of Revenue with law enforcement powers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1492">

CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT AMENDED. No. 1251 (House Bill No. 1718). AN ACT To amend an Act known as the Certification of Water and Wastewater Treatment Plant Operators Act, approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended, so as to establish a termination date for the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators and the date on which the aforesaid Act shall stand repealed; to provide 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 Certification of Water and Wastewater Treatment Plant Operators Act, approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended, is hereby amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15 to read as follows: Section 15. Termination date; repeal of law. (a) The termination date of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators is July 1, 1981. This Act, as now or hereafter amended, shall stand repealed in its entirety on July 1, 1982 unless extended by law. (b) The provisions of this Section are pursuant to the Act known as `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies', approved March 24, 1977 (Ga. Laws 1977, p. 961), and this Section shall serve to continue the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators in accordance with the dates established by subsection (a) 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 April 3, 1978.

"GA1978.1.1493">

TRAFFIC OFFENSESCASH APPEARANCE BONDS. No. 1252 (House Bill No. 1725). AN ACT To amend an Act relating to cash appearance bonds in traffic cases, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 331), as amended, so as to provide who shall deliver receipts for bonds; to provide 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 cash appearance bonds in traffic cases, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 331), as amended, is hereby amended by adding in the second sentence of Section 2 thereof after the following: arresting officer, the following: or the person receiving said cash bond, so that when so amended, said Section shall read as follows: Section 2. When an order is passed as provided in Section 1 of this Act authorizing any officer to accept cash bonds, it shall be the duty of the clerk of such court, if there be one, and if there is no clerk, it shall be the duty of the judge passing such order, to furnish the officer or officers authorized under such order with a book of blank receipts, consecutively numbered in triplicate and readily distinguishable and identifiable, which receipts shall be completed by

"GA1978.1.1494">

such officer when making an arrest and accepting a cash bond so as to show the name of the person arrested, date of arrest, nature of the offense, amount of the cash bond given, and the name of the arresting officer. The arresting officer or the person receiving said cash bond shall deliver a copy of such receipt to the person arrested at the time the cash bond is given and shall file the original receipt together with the cash bond with the clerk, or judge, as the case may be, of the court having jurisdiction of the offense not later than the next succeeding business day of such clerk or judge, following the date of issuance of such receipt. The triplicate copy of said receipt shall be mailed to the director of the Department of Public Safety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDREPORTS OF ACCIDENTS. Code Sections 68C-101, 68C-301 Amended. No. 1253 (House Bill No. 1728). AN ACT To amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to change the provisions relative to immediate reports of motor vehicle accidents; to amend Code Title 68C, known as The Motor Vehicle Safety Responsibility Act, as amended, so as to change the definition of the term accident; to change the provisions relative to reports following motor vehicle accidents; to repeal conflicting laws; and for other purposes.

"GA1978.1.1495">

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. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by striking from Section 45 the following: $25, and inserting in lieu thereof the following: $250, so that when so amended, Section 45 shall read as follows: Section 45. Immediate reports of accidents. The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $250 or more shall immediately by the quickest means of communication give notice of such accident to the local police department if such accident occurs within a municipality; if such accident occurs without a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the State Patrol. The above notices shall be in addition to the written report required by Section 4 of Motor Vehicle Safety Responsibility Act (Ga. Laws 1951, p. 568). Section 2. Code Title 68C, known as The Motor Vehicle Safety Responsibility Act, as amended, is hereby amended by striking from subsection (b)(1) of Code Section 68C-101, relative to definitions, the following: $100, and inserting in lieu thereof the following: $250, so that when so amended, subsection (b)(1) shall read as follows: (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

"GA1978.1.1496">

which damage to the property of any one person to an extent of $250 or more is sustained. Section 3. Said Code Title 68C is further amended by striking from subsection (a) of Code Section 68C-301, relative to accident reports, the following: $100, and inserting in lieu thereof the following: $250, so that when so amended, subsection (a) shall read as follows: (a) The operator of every motor vehicle which is in any manner involved 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 $250 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. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1497">

HISTORIC CHATTAHOOCHEE COMPACT. No. 1254 (House Bill No. 1747). AN ACT To enact the Historic Chattahoochee Compact; to provide for the purpose of said compact; to provide for an effective date; to authorize the party states to identify, acquire, own, transport, renovate, maintain and display historic or military articles, exhibits and attractions; to promote tourism throughout the Chattahoochee Valley; to establish a joint agency to be known as the Historic Chattahoochee Commission and other offices for the administration of the compact; to prescribe the authority, powers, duties and functions of the Commission and its members, officers and committees; to provide for other matters relative to the foregoing; to provide penalties for violation of certain provisions of the compact; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Historic Chattahoochee Compact Act. Section 2. The Historic Chattahoochee Compact is hereby enacted into law and entered into by the State of Georgia with the State of Alabama legally joining therein in the form substantially as follows: HISTORIC CHATTAHOOCHEE COMPACT The contracting states solemnly agree that: ARTICLE I The purpose of this compact is to promote the cooperative development of the Chattahoochee Valley's full potential for historic preservation and tourism and to establish a joint interstate authority to assist in these efforts.

"GA1978.1.1498">

ARTICLE II This compact shall become effective immediately as to the states ratifying it whenever the States of Alabama and Georgia have ratified it and Congress has given consent thereto. ARTICLE III The states which are parties to this compact (hereinafter referred to as `party states') do hereby establish and create a joint agency which shall be known as the Historic Chattahoochee Commission (hereinafter referred to as the `Commission'). The Commission shall consist of twenty-eight members who shall be appointed by the historical commission or organization or similar historical body or other designated authority in each of the counties represented by the Commission who shall be bona fide residents and qualified voters of the party states. In Alabama, two shall be residents of Barbour County, two shall be residents of Russell County, two shall be residents of Henry County, two shall be residents of Chambers County, two shall be residents of Lee County, two shall be residents of Houston County, and two shall be residents of Dale County. If there are two historical organizations in any of said counties, then one Commission member shall be selected from each organization; if there are more than two organizations in any such county, then the organization shall meet and decide on the designation of members which will represent their respective county. In Georgia, one shall be a resident of Troup County, one shall be a resident of Harris County, one shall be a resident of Muscogee County, one shall be a resident of Chattahoochee County, one shall be a resident of Stewart County, one shall be a resident of Randolph County, one shall be a resident of Clay County, one shall be a resident of Quitman County, one shall be a resident of Early County, one shall be a resident of Seminole County, and one shall be a resident of Decatur County. In addition, these 11 Georgia members shall choose three at-large members who shall be selected from any three of the Georgia member counties listed above. The Commission at its discretion may appoint as many advisory members as it deems necessary from any Georgia or Alabama county which is located in the Chattahoochee Valley area. The contribution of each party state shall be in equal amounts. If the party states fail to appropriate equal amounts to the Commission during any given fiscal year, voting membership on the Commission Board shall be determined as follows: The state making

"GA1978.1.1499">

the larger appropriation shall be entitled to full voting membership. The total number of members from the other state shall be divided into the amount of the larger appropriation and the resulting quotient shall be divided into the amount of the smaller appropriation. The then resulting quotient, rounded to the next lowest whole number, shall be the number of voting members from the state making the smaller contribution. The members of the Commission from the state making the larger contribution shall decide which of the members from the other state shall serve as voting members, based upon the level of tourism, renovation and promotional activity, and general support of the Commission's activities by and in the county of residence of each of the members of the state making the smaller appropriation. Such determination shall be made at the next meeting of the Commission following September 30th of each year. Members of the Commission shall serve for terms of office as follows: Of the 14 Alabama voting members, one from each of said counties shall serve for two years and the remaining member of each county shall serve for four years. The member appointed by the older organization of each county shall serve for the four-year term for the initial term of this compact. Upon the expiration of the original terms of office of Alabama members, all successor Alabama voting members shall be appointed for four-year terms of office, with seven vacancies in the Alabama voting membership occurring every two years. Of the 14 Georgia voting members, seven shall serve four-year terms and seven shall serve two-year terms for the initial term of this compact. The terms of the individual Georgia voting members shall be determined by their place in the alphabet by alternating the four- and two-year terms beginning with Chattahoochee County - four years, Clay County - two years, Decatur County - four years, etc. Upon the expiration of the original terms of office of Georgia members, all successor Georgia voting members shall be appointed for four-year terms of office, with seven vacancies in the Georgia voting membership occurring every two years. Of the three Georgia at-large Board members, one shall serve a four-year term and two shall serve two-year terms. All Board members shall serve until their successors are appointed and qualified. Vacancies shall be filled by the members of the Commission. The first chairman of the Commission created by this compact shall be elected by the Board of Directors from among its voting membership. Annually thereafter, each succeeding chairman shall be selected by the members of the Commission. The chairmanship

"GA1978.1.1500">

shall rotate each year among the party states in order of their acceptance of this compact. Members of the Commission shall serve without compensation but shall be entitled to reimbursement for actual expenses incurred in the performance of the duties of the Commission. ARTICLE IV The headquarters of the Commission shall be selected by the Commission and shall be centrally located in the Chattahoochee Valley area. Such headquarters shall be consistent with the legitimate need of the Commission. The Commission shall hold an annual meeting at the Commission Headquarters and one-half of the then members of the Commission shall constitute a quorum for the transaction of business. Additional meetings may be held at such times and places as may be considered necessary, desirable or convenient, upon call of the chairman or, in the case of his absence or incapacity, of the vice chairman or on call of any three members of the Commission. The Commission shall determine and establish its own organization and procedure in accordance with the provisions of this Act and shall have an official seal. The Commission shall elect its chairman, its vice chairman, its secretary and its treasurer, and such officers shall hold office for a period of one year or until a successor is elected. Neither the secretary nor the treasurer need be members of the Commission. The Commission may require that the treasurer thereof be bonded in an amount to be determined by the Commission. ARTICLE V The Commission shall have the right to adopt such rules and regulations as may be necessary to carry out the intent and purposes of this Act and shall be authorized to provide for an executive committee of not fewer than five of its members to whom it may delegate such powers and authority as the Commission may deem to be advisable. ARTICLE VI No member of the Commission shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as a member of the Commission. All such expenses are to be

"GA1978.1.1501">

paid from the funds of the Commission. Further, it shall be unlawful for any member of the Commission or any employee thereof to charge, receive, or obtain, either directly or indirectly, any fee, commission, retainer or brokerage out of the funds of the Commission, and no member of the Commission or officer or employee thereof shall have any interest in any land, materials, or contracts sold to, or made or negotiated with the Commission or with any member or employee thereof acting in his capacity as a member of such Commission. Violation of any provisions of this Section shall be a misdemeanor and upon conviction shall be punishable by removal from membership or employment and by a fine of not less than $ 100.00 or by imprisonment not to exceed six months or both. ARTICLE VII The Commission shall establish and maintain at such lawful depository or depositories as it shall select, a `Historic Chattahoochee Fund' composed of the money or monies which may come into its hands from admissions, inspection fee, gifts, donations, grants, bequests, loans, bond issues, governmental appropriations or other sources, either public or private. Such funds shall be used by the Commission to pay for the purposes herein set forth, and the servicing, retirement or amortization of any bonds or other evidences of indebtedness issued by the Commission. ARTICLE VIII The Commission shall be authorized: (a) To investigate and select available sites for housing historic exhibits, including the surrounding grounds, with such state, federal, or local agencies and governments and private individuals, corporations, associations, or other organizations as may be involved, taking into consideration all pertinent factors affecting the suitability of such sites; to acquire, transport, renovate, maintain and exhibit appropriate and suitable military or historic units, articles, exhibits, and attractions; to have full, complete and exclusive jurisdiction over the sites and any related exhibits; (b) To promote tourism throughout the Chattahoochee Valley by attending travel shows; issuing news releases, calendars of events and newsletters; publishing brochures and pamphlets; constructing

"GA1978.1.1502">

mobile travel exhibits; producing films and other visual presentations as may be necessary; and advertising in magazines or newspapers; (c) To acquire by rent or lease agreement, or otherwise, the necessary housing facilities; and to establish, improve and enlarge available facilities, including providing them with necessary equipment, furnishings, landscaping, and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters; (d) To enter into such contracts and cooperative agreements with the local, state and federal government, with agencies of such governments, with private individuals, corporations, associations, and other organizations, as the Commission may deem necessary or convenient to carry out the purposes of this Act, with such contracts and agreements to include leases to private industry; (e) To borrow money from private sources, the state emergency fund, or such other source as may be acceptable to the Commission under such terms and conditions as may be provided by law and, in order to provide security for the repayment of any such private loans, the Commission shall have the authority to pledge such future revenues from admission and any other sources as may, from time to time, be necessary or desirable; (f) To issue and sell at any time and from time to time its revenue bonds for the purpose of providing funds to acquire, enlarge, improve, equip and maintain its property, and for the payment of obligations incurred for such purposes. The principal and interest on any such revenue bonds shall be payable solely out of the revenues derived from the project; (g) To make such contracts in the issuance of its bonds as may seem necessary or desirable to assure their marketability and to provide for their retirement by a pledge of all or any revenue which may come to the Commission from the investment of the proceeds of the sale of such bonds or from any other source whatsoever; (h) To accept public or private gifts, grants and donations; (i) To acquire property by purchase, lease, gift, or license; and to dispose of any property of the Commission when, in the opinion of the Commission, such disposition is deemed expedient;

"GA1978.1.1503">

(j) To allocate and expend funds from all donations, income and revenue from any source whatsoever coming into its treasury for the fulfillment and accomplishment of its duties and responsibilities in such manner as may be necessary and appropriate for the perfection of the purposes of this Act; (k) To sell, convey, transfer, lease or donate any property, franchise, grant, easement, license or lease or interest therein which it may own and to transfer, assign, sell, convey, or donate any right, title or interest which it may have in any lease, contract, agreement, license or property; (l) To hire such laborers, artisans, caretakers, technicians, stenographers and administrative employees and supervisory and professional personnel as may be necessary or advisable for the carrying out in the most efficient and beneficial manner of the purposes and provisions of this Act; (m) To employ an executive director who shall serve at the pleasure of the Commission, who shall be responsible directly to the Commission, whose compensation shall be fixed by the Commission, whose duties and authority shall be designated by the Commission, and who shall be paid from funds of the Commission; (n) To make such rules and regulations as the Commission may deem necessary and desirable to provide for the operation, management and control of its facilities; (o) To perform such other acts necessary or incidental to the accomplishment of the purposes of this Act, whether or not specifically authorized in this Section and not otherwise prohibited by law. ARTICLE IX The Commission shall constitute a public body corporate and shall have, in addition to those set forth specifically in this Act, all powers necessary or convenient to effect the purposes for which it has been established under and by the terms of this Act, together with all powers incidental thereto or necessary to the discharge of its said powers and duties.

"GA1978.1.1504">

ARTICLE X The Commission, its property and income and all bonds issued by the Commission, the income from such bonds or from the investment of such income, and all conveyances, leases, mortgages, and deeds of trust by or to the Commission shall be exempt from all taxation in the State of Alabama and the State of Georgia. ARTICLE XI All obligations incurred by the Commission and all bonds issued by it shall be solely and exclusively an obligation of the Commission and shall not create an obligation or debt of the State of Alabama or the State of Georgia or any county or municipality of either. ARTICLE XII The Commission shall maintain at all times accurate records and books of account covering revenues and expenditures. Such records and books shall be available for audit at any time by the department of examiners of public accounts and shall be audited at least every two years in the same manner as audits are made of other state agencies and departments. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1505">

MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISE PRACTICES ACT AMENDED. Code Section 84-6613 Amended. No. 1255 (House Bill No. 1752). AN ACT To amend Code Chapter 84-66, known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, so as to establish a termination date for the Georgia Franchise Practices Commission and the date on which the aforesaid Code Chapter shall stand repealed; 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 84-66, known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, is hereby amended by adding at the end thereof a new Code Section to be designated Code Section 84-6613 and to read as follows: 84-6613. Termination date; repeal of Chapter. (a) The termination date of the Georgia Franchise Practices Commission is July 1, 1980. This Code Chapter, as now or hereafter amended, shall stand repealed in its entirety on July 1, 1981. (b) The provisions of this Section are pursuant to the Act known as `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies', approved March 24, 1977 (Ga. Laws 1977, p. 961), and this Section shall serve to continue the Georgia Franchise Practices Commission in accordance with the dates established by subsection (a) of this Section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1506">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA LIMING MATERIALS ACT OF 1976 AMENDED. No. 1256 (House Bill No. 1755). AN ACT To amend an Act known as the Georgia Liming Materials Act of 1976, approved April 7, 1976 (Ga. Laws 1976, p. 1595), so as to change certain definitions and the provisions relating to definitions of terms used in said Act; to change the provisions relating to labeling; to change the provisions relating to penalties; 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 Liming Materials Act of 1976, approved April 7, 1976 (Ga. Laws 1976, p. 1595), is hereby amended by striking from subsection (a) of Section 2, the following: (a) `Agricultural Liming Materials' are those materials whose calcium and magnesium content is capable of neutralizing soil acidity. All liming materials must have a minimum neutralizing value of eighty-five percent (85%) calcium carbonate equivalent and must be free of any material at a level determined by the Commissioner to be dangerous to plant growth., and inserting in lieu thereof, the following: (a) `Agricultural Liming Materials' means and includes:

"GA1978.1.1507">

Solid liming materials which are those materials whose calcium and magnesium content is capable of neutralizing soil acidity. All solid liming material must have a minimum neutralizing value of eighty-five percent (85%) calcium carbonate equivalent and must not contain any material at or above a level determined by the Commissioner to be dangerous to plant growth; and Liquid or suspension liming materials which are those materials whose calcium and magnesium content is capable of neutralizing soil acidity and must have a minimum neutralizing value of forty-five percent (45%) calcium carbonate equivalent and must be free of any material at a level determined by the Commissioner to be dangerous to plant growth. Such liquid or suspension liming material shall have a minimum of three percent (3%) elemental magnesium to be classified as dolomitic and shall be of such particle size that one hundred percent (100%) shall pass through a 20-mesh sieve and not less than sixty percent (60%) shall pass through a 200-mesh sieve. Section 2. Said Act is further amended by striking paragraph (3) of Section 2(a), which reads as follows: (3) `Ground Limestone' is calcitic or dolomitic limestone ground so that ninety percent (90%) of the materials will pass through a 10-mesh sieve and not less than twenty-five percent (25%) will pass through a 100-mesh sieve., in its entirety and inserting in lieu thereof a new paragraph 3, to read as follows: (3) `Ground Limestone' is calcitic or dolomitic limestone ground so that ninety percent (90%) of the materials will pass through a 10-mesh sieve and not less than fifty percent (50%) will pass through a 50-mesh sieve and not less than twenty-five percent (25%) will pass through a 100-mesh sieve. Section 3. Said Act is further amended by striking subsection (b) of Section 4, which reads as follows: (b) No information or statement shall appear on any package label, delivery slip or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type or composition of any agricultural liming material.,

"GA1978.1.1508">

in its entirety and inserting in lieu thereof a new subsection (b) of Section 4, to read as follows: (b) No information shall appear on any package label or delivery slip which is false or misleading to the purchaser as to the quality, analysis, type or composition of any agricultural liming material. No statement or claim, oral or written, which is false or misleading as to the comparative value or effectiveness of liming materials shall be made in any promotion or advertising medium. Section 4. Said Act is further amended by striking paragraphs (a) and (b) of Section 10, which reads as follows: (a) In the event an official sample is found deficient in neutralizing value below the guarantee, the penalty shall be ten cents (10) per percentage point, or fraction thereof. (b) In the event an official sample is found to be deficient in magnesium guarantee, the penalty shall be fifty cents (50) per percentage point, or fraction thereof., in their entirety and inserting in lieu thereof new paragraphs (a) and (b) of Section 10, to read as follows: (a) In the event an official sample is found deficient in neutralizing value below the guarantee, the penalty shall be twenty cents (20) per percentage point, or fraction thereof, on solid liming material, and forty cents (40) per percentage point, or fraction thereof, on a liquid or suspension liming material. (b) In the event an official sample is found to be deficient in magnesium guarantee, the penalty shall be fifty cents (50) per percentage point, or fraction thereof on a solid liming material, and one dollar ($1.00) per percentage point, or fraction thereof, on a liquid or suspension liming material. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Section 6. This Act shall become effective January 1, 1979. Approved April 3, 1978.

"GA1978.1.1509">

WILLS AND ADMINISTRATION OF ESTATESASSISTANT COUNTY ADMINISTRATORS IN CERTAIN COUNTIES (400,000-600,000). Code Section 113-1301 Amended. No. 1257 (House Bill No. 1767). AN ACT To amend Code Section 113-1301, relating to county administrators, as amended, so as to provide for the appointment of assistant county administrators in all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census; to provide for applicability of laws relating to county guardians; to prescribe the procedure 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 Section 113-1301, relating to county administrators, as amended, is hereby amended by adding at the end thereof the following: In all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, the Judge of the Probate Court is hereby authorized to appoint, in the same manner as the county administrator is appointed, one or more assistant county administrators who shall have the same powers, duties and authority and be subject to the same laws, including Code Chapter 49-5, relating to county guardians, as the county administrator.

"GA1978.1.1510">

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 3, 1978. CHILDREN AND YOUTH ACT AMENDEDRECORDS. No. 1258 (House Bill No. 1774). AN ACT To amend an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1066), so as to authorize the Department of Human Resources to inspect and copy records of law enforcement agencies and courts pertaining to juvenile offenders; to provide for limited disclosure of records on juveniles committed to said Department; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Children and Youth Act, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1066), is hereby amended by striking paragraph (2) of subsection (c) of Section 13 thereof in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) The Division shall keep written records of all examinations and reexaminations and of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent child subject to its control. Records as may be maintained by the Division

"GA1978.1.1511">

in respect to a delinquent child committed to the Division shall not be public records but shall be privileged records and may be disclosed by direction of the Director pursuant to federal law in regards to disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the Director shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purpose of obtaining statistics on juveniles. Section 2. Said Act is further amended by adding a new sentence at the end of subsection (m) of Section 13 thereof to read as follows: In order to facilitate the collection of such information, the Department of Human Resources shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles. so that when so amended subsection (m) of Section 13 shall read as follows: (m) Records and Information.The Division shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the Division shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the Division and shall tabulate, analyze, and publish annually these data so that they may be used to evaluate the relative merits of methods of treatment. The Division shall cooperate with courts and public and private agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the disposition made thereof, and other information useful in determining the amount and causes of juvenile delinquency in this State. In order to facilitate the collection of such information, the Department of Human Resources shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1512">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. JUVENILE COURT CODE OF GEORGIA AMENDEDRECORDS. Code Title 24A Amended. No. 1259 (House Bill No. 1775). AN ACT To amend Code Title 24A, known as the Juvenile Court Code of Georgia, so as to authorize the Council of Juvenile Court Judges to inspect and copy records of the courts, law enforcement agencies and the Department of Human Resources upon request; to provide that the judge shall permit the Department of Human Resources and Council of Juvenile Court Judges to inspect and copy records of the court and law enforcement 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. Code Title 24A, known as the Juvenile Court Code of Georgia, is hereby amended by adding a new sentence at the end of subsection (a) of Code Section 24A-501, relating to the Council of Juvenile Court Judges, to read as follows: The Council is authorized to inspect and copy records of the court, law enforcement agencies, and the Department of Human Resources for the purpose of compiling statistical data on juveniles., so that when so amended, subsection (a) of Code Section 24A-501 shall read as follows:

"GA1978.1.1513">

(a) All of the judges of the courts exercising jurisdiction over juveniles shall constitute a Council of Juvenile Court Judges. The Council shall annually elect from among its members a judge to serve as presiding judge and chairman of the Council. The Council shall meet at stated times to be fixed by it, on call of the chairman. It may establish general policies for the conduct of courts exercising jurisdiction over juveniles and may promulgate uniform rules and forms governing procedure and practices of the courts. It shall publish an annual report of the work of the courts exercising jurisdiction over juveniles, which shall include statistical and other data on the courts' work and services and research studies it may make of the problems of children and families dealt with by the courts, and any recommendations for legislation. The Council is authorized to inspect and copy records of the court, law enforcement agencies, and the Department of Human Resources for the purpose of compiling statistical data on juveniles. Section 2. Said Code Title is further amended by adding a new sentence at the end of Code Section 24A-3501, relating to inspection of court files and records, to read as follows: The judge shall permit authorized representatives of the Department of Human Resources and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and make copies pursuant to the order of the court., so that when so amended, Code Section 24A-3501 shall read as follows: 24A-3501. Inspection of Court Files and Records. Except in cases arising under Section 24A-3101, and subject to the requirements of Section 24A-2201(d), all files and records of the court in a proceeding under this Code are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and distribution the judge may deem proper, and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Human Resources and the Council of Juvenile Court Judges to inspect and extract data from any court files and records

"GA1978.1.1514">

for the purpose of obtaining statistics on juveniles and make copies pursuant to the order of the court. Section 3. Said Code Title is further amended by striking in its entirety Code Section 24A-3502, relating to law enforcement records, and substituting in lieu thereof a new Code Section 24A-3502, to read as follows: 24A-3502. Law Enforcement Records. Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. Unless a charge of delinquency is transferred for criminal prosecution under Section 24A-2501, the interest of national security requires, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection or their contents disclosed to the public; but, with the consent of the court, inspection of the records and files is permitted by: (a) A juvenile court having the child before it in any proceeding. (b) Counsel for a party to the proceedings. (c) The officers of public institutions or agencies to whom the child is committed. (d) Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties. (e) A court in which he is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him. (f) The court shall allow authorized representatives of the Department of Human Resources and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on juveniles. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1515">

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT AMENDED. No. 1260 (House Bill No. 1780). AN ACT To amend an Act known as the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, so as to prohibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof; to change the exemption for peace officers working for in-house agencies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, is hereby amended by adding a new Section 12A to read as follows: Section 12A. Uniforms; Vehicles.It shall be unlawful for any person licensed under the provisions of this Act to wear uniforms and to use vehicular colors and markings which are, in the judgment of the board, confusingly similar to the uniforms and vehicular markings of the State of Georgia or any political subdivision in which they operate, unless all uniformed police authorities of the State or unless the uniformed police authority of a political subdivision

"GA1978.1.1516">

thereof in the area where said agencies will operate has given prior written approval of their use. Said written approval shall be irrevocable. The provisions of this Section shall not apply to uniforms or vehicular colors and markings in use by existing Georgia private detective or private security agencies operating in this State on or before March 1, 1978; provided, however, that the provisions of this Section shall apply to said existing agencies at the time they change their uniforms or vehicular colors or markings after the effective date of this Section except for seasonal uniform changes which have been used prior to the effective date of this Section. Section 2. Said Act is further amended by striking from subsection (a)(5)(B) of Section 15 the following: this Act, and inserting in lieu thereof the following: Section 5 of this Act, so that when so amended, subsection (a)(5)(B) shall read as follows: (B) is on an independent contractor basis with an employer other than another peace officer or a business covered by the provisions of Section 5 of this Act;. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1517">

EXAMINING BOARDSFEES. No. 1261 (House Bill No. 1801). AN ACT To provide a uniform method for the determination of fees to be charged by State licensing and examining boards; to provide standards; to provide for disposition of funds collected; to define certain terms; 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. Each State licensing and examining board which is authorized to collect an examination fee, license fee, license renewal fee, or similar fee may establish the amount of the fee to be charged and collected. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the licensing and examining board in each fiscal year shall approximate the total of the direct and indirect costs to the State of the operations of the board for the fiscal year. Section 2. All fees collected by a State licensing and examining board shall be forwarded to the Director, Fiscal Division, for deposit into the general fund of the State. Section 3. Fees specified by law on the effective date of this Act to be collected by a State licensing and examining board shall remain in effect until changed or otherwise determined as provided in this Act. Section 4. As used in this Act, State licensing and examining board means the: (a) State Board of Accountancy. (b) State Board for Examination, Qualification and Registration of Architects. (c) Georgia Board of Athletic Trainers.

"GA1978.1.1518">

(d) Georgia Auctioneers Commission. (e) Georgia State Board of Barbers. (f) Georgia Board of Chiropractic Examiners. (g) Georgia State Board of Cosmetology. (h) Georgia Board of Dentistry. (i) Georgia State Board of Electrical Contractors. (j) State Board of Registration for Professional Engineers and Land Surveyors. (k) State Board of Registration for Foresters. (l) Georgia State Board of Funeral Service. (m) State Board of Geologists Examiners. (n) Board of Hearing Aid Dealers and Dispensers. (o) Georgia State Board of Landscape Architects. (p) State Board for the Certification of Librarians. (q) Georgia Marriage and Family Counselor Licensing Board. (r) Composite State Board of Medical Examiners. (s) Georgia State Board of Nursing Home Administrators. (t) Georgia Board of Nursing. (u) State Board of Dispensing Opticians. (v) Georgia State Board of Examiners in Optometry. (w) Georgia State Board of Occupational Therapy.

"GA1978.1.1519">

(x) Structural Pest Control Commission. (y) State Board of Pharmacy. (z) Georgia State Board of Physical Therapy. (aa) State Board of Examiners of Plumbing Contractors. (bb) State Board of Podiatry Examiners. (cc) Board of Polygraph Examiners. (dd) Board of Examiners of Practical Nurses. (ee) Georgia Board of Private Detective and Private Security Agencies. (ff) State Board of Examiners of Psychologists. (gg) Georgia Real Estate Commission. (hh) Board of Recreation Examiners of the State of Georgia. (ii) Georgia Board of Registered Professional Sanitarians. (jj) Board of Examiners for Speech Pathology and Audiology. (kk) State Board of Registration of Used Car Dealers. (ll) State Board of Registration for Dealers in Used Motor Vehicle Parts. (mm) Board of Veterinary Medicine. (nn) State Board of Warm Air Heating Contractors. (oo) State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators. (pp) Water Well Standards Advisory Council.

"GA1978.1.1520">

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA MEDICAL ASSISTANCE ACT OF 1977 AMENDED. No. 1262 (House Bill No. 1807). AN ACT To amend an Act known as the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), so as to permit the Department of Medical Assistance to seek reimbursement for medical assistance rendered to a person as a result of sickness; to establish a lien on any monies or other property accruing to recipients of medical assistance as a result of third party liability; to provide that the Department of Medical Assistance be subrogated to the rights of medical assistance recipients to any benefits provided recipients under private health care insurance contracts for the reasonable value of medical assistance paid on behalf of recipients; 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 Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), is hereby amended by striking Section 9 thereof in its entirety and substituting in lieu thereof a new Section 9 to read as follows: 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 sickness, injury, disease, or disability

"GA1978.1.1521">

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 sickness, 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. Laws 1953, pp. 105-108, as amended, and further, the payment of medical assistance to a hospital provider shall in no way be construed to discharge the obligation of a third party to satisfy a hospital lien. Section 2. Said Act is further amended by adding a new Section after Section 9 thereof, to be designated Section 9A, to read as follows: Section 9A. Claims for Medical Assistance Funds. (a) The Department shall have a lien for the charges for medical care and treatment provided a medical assistance recipient, upon any monies or other property accruing to the recipient to whom such care was furnished, or to his legal representatives, as a result of sickness, injury, disease, disability, or death, due to the liability of a third party, which necessitated the medical care. (b) The Department may perfect and enforce any lien arising under subsection (a) of this Section, by following the procedures set forth for hospital liens at Ga. Laws 1953, Nov. Sess., pp. 105, 106, as amended, except that the Department shall have one year from the date the last item of medical care was furnished to file its verified lien statement, and the statement shall be filed with the appropriate clerk of court in the county wherein the recipient resides and in Fulton County. The verified lien statement shall contain the following: the name and address of the person to whom medical care was furnished, the date of injury, the name and address of the provider or providers furnishing medical care, the dates of services, the amount claimed to be due for the care, and, to the best of the Department's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries. This Section shall not affect the priority of any attorney's lien.

"GA1978.1.1522">

(c) The Department shall be subrogated, but only to the extent of the reasonable value of the medical assistance paid and attributable to any sickness, injury, disease, or disability, to the rights of medical assistance recipients to any benefits provided such recipients by virtue of private health care insurance contracts; Provided, however, the right of subrogation does not attach to any recipients' rights to benefits paid or provided under private health care coverage prior to the receipt of written notice by the carrier, who issued the health care contract, of the exercise by the Department of its subrogation rights. 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 3, 1978. GEORGIA INSURANCE CODE AMENDEDPOLICY PROVISIONS. Code Section 56-3002 Amended. No. 1263 (House Bill No. 1808). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, so as to provide that no individual, group, or blanket insurance policy shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in violation to be null and void; to provide for application to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation; to repeal conflicting laws; and for other purposes.

"GA1978.1.1523">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by adding a new subsection at the end of Code Section 56-3002, relating to scope and format of individual accident and sickness insurance policies, to be designated subsection (8), to read as follows: (8) (a) It contains no provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the `Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in an individual accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation., so that when so amended, Code Section 56-3002 shall read as follows: 56-3002. Scope and format of policy. No policy of accident and sickness insurance shall be delivered or issued for delivery in this State unless it meets the following requirements: (1) The entire money and other considerations therefor are expressed therein; (2) The time at which the insurance takes effect and terminates is expressed therein; (3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policyholder;

"GA1978.1.1524">

(4) The style, arrangement and overall appearance of the policy given no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in lightfaced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred and twenty point (the `text' shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions), when a policy is renewable only at the option of the insurer, such fact shall be made known in prominent lettering on the face of the policy; (5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in Sections 56-3004 and 56-3005, are printed, at the insurer's option, either included with the benefit provisions to which they apply, or under an appropriate caption such as `exceptions,' or `exceptions and reductions': Provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies; (6) Each such form, including riders and endorsements, shall be identified by a form number in the lower lefthand corner of the first page thereof; (7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the Commissioner; and (8) (a) It contains no provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the `Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in an individual accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void.

"GA1978.1.1525">

(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation. Section 2. Said Code Title is further amended by adding a new Section after Code Section 56-3105, relating to required provisions of group and blanket accident and sickness insurance, to be designated Code Section 56-3105.1, to read as follows: 56-3105.1. Prohibition of certain provisions relating to receipt of medical assistance.(a) No group or blanket accident and sickness policy shall contain any provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the `Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in a group or blanket accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1526">

LANDSCAPE ARCHITECTSEXCEPTIONS TO ACT. Code Section 84-4004 Amended. No. 1264 (House Bill No. 1815). AN ACT To amend Code Chapter 84-40, relating to landscape architects, so as to enlarge the exemptions to include city, regional, or urban planners; 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 84-40, relating to landscape architects, is amended by striking subsection (c) of Code Section 84-4004 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Any person qualified by training or experience or by both training and experience whose services are offered solely as a city, regional, or urban planner., so that when so amended Code Section 84-4004 shall read as follows: 84-4004. Exceptions. Except as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to: (a) A landscape contractor, including a residential landscape contractor, engaging in the business of, or acting in the capacity of a landscape contractor in Georgia under provisions of any law regulating landscape contracting, insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms. (b) Any person whose services are offered solely as a gardener or nurseryman. (c) Any person qualified by training or experience or by both training and experience whose services are offered solely as a city, regional, or urban planner.

"GA1978.1.1527">

None of the foregoing, however, shall use the title `landscape architect' without complying with the provisions of 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. THE MOTOR VEHICLE SAFETY RESPONSIBILITY ACT AMENDEDBONDS. Code Section 68C-307.1 Amended. No. 1265 (House Bill No. 1818). AN ACT To amend Code Title 68C, known as The Motor Vehicle Safety Responsibility Act, so as to change the provisions relating to security; to provide for security through surety bonds and real property bonds; to provide requirements as to such additional types of security; to provide for cancellation of bonds; to provide for liens; to provide for actions on bonds; to provide for reductions and increases in the amount of security; 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 68C, known as The Motor Vehicle Safety Responsibility Act, is hereby amended by adding between Code Section 68C-307 and Code Section 68C-308 a new Code Section to read as follows:

"GA1978.1.1528">

68C-307.1. Surety bonds and real property bonds; requirements; form and amount; liens; actions; departmental action. (a) Security under this Title may also be provided for by a surety bond executed by the person giving proof and by a surety company duly authorized to transact business in this State or by the person giving proof of his ownership of real property and by one or more individual sureties owning real property within this State and having an equity therein in at least the amount of the bond. The Commissioner may not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of such property and the title thereto, including any liens and encumbrances and amounts thereof, market value and value of such sureties' interest therein, executed by the owner or owners of such interest, and such bond and affidavit shows thereon that a duplicate original of such bond and affidavit has been recorded in the office of the clerk of the superior court where deeds are admitted to record in the county where the real property is located. The clerk shall provide a separate book for such purpose. The bond shall be approved by the clerk in the same manner as a supersedeas bond is approved. The fee of the clerk for recording and approving such affidavit and bond shall be $2.50. (1) The Commissioner shall not accept any such bond unless it is conditioned for payments in amounts requested by the Commissioner subject to the maximum amounts of security as specified under the provisions of this Title. (2) No such bond shall be cancelled unless 20 days' prior written notice of cancellation is given the Commissioner, and cancellation of the bond shall not prevent recovery thereon with respect to any cause of action which necessitated the filing of such bond. (3) A bond with individual sureties shall constitute a lien upon the real property of the principal and any individual surety in favor of the Governor of Georgia for the use of any holder of any final judgment, arising out of the cause of action which necessitated the filing of the bond, against the principal on account of damage to property or injury to or death of any person or persons, upon the recording of the bond in the office of the clerk of the court where deeds are admitted to record in the county where the real property is located.

"GA1978.1.1529">

(4) When a bond with individual sureties filed with the Commissioner is no longer required under this Title, the Commissioner shall, upon request, cancel it as to liability for damage to property or injury to or death of any person or persons; and when a bond has been cancelled by the Commissioner, he shall, upon request, furnish a certificate of the cancellation with the seal of the Department thereon. The certificate, notwithstanding any other provision of law, may be recorded in the office of the clerk of the court in which the bond was admitted to record. (5) When the certificate of cancellation with the seal of the Department thereon has been filed in the office of the clerk of the superior court in which the bond was admitted to record, and when there are no claims or judgments against the principal in the bond on account of damage to property or injury to or death of any person or persons resulting from the ownership or operation of a motor vehicle by the principal arising out of the cause of action which necessitated the filing of the bond, the clerk of the superior court of the county in which the bond was admitted to record shall thereupon record the said certificate of cancellation which shall discharge the lien of the bond on the real property of the sureties. The cost of such recording shall be upon said sureties. (6) If a final judgment rendered against the principal on the bond filed with the Commissioner is not satisfied within 30 days after its rendition, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the State against the company or persons issuing the bond. (7) When the sureties on the bond are individuals, the judgment creditor may proceed against any or all parties to the bond at law for a judgment or in equity for a decree and foreclosure of the lien on the real property of the sureties. The proceeding whether at law or in equity may be against one, all or any intermediate number of parties to the bond; and when less than all are joined, other or others may be impleaded in the same proceeding; and after final judgment or decree, other proceeding may be instituted until full satisfaction is obtained.

"GA1978.1.1530">

(b) 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. (c) Whenever erroneous information is given the Department with respect to the matters set forth in subsections (1), (2) or (3) of Code Section 68C-304, the Department shall take appropriate action as provided in Code Section 68C-302 after receipt of correct information with respect to such matters. 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 3, 1978. MOTOR VEHICLESSHERIFFS' LICENSE PLATES. No. 1266 (House Bill No. 1826). AN ACT To amend an Act pertaining to the registration and licensing of motor vehicles in counties throughout the State, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, so as to provide for special and distinctive automobile license plates for the elected sheriffs of the counties of this State; to provide a fee; to provide procedures connected therewith; to repeal conflicting laws; and for other purposes.

"GA1978.1.1531">

Be it enacted by the General Assembly of Georgia: Section 1. An Act pertaining to the registration and licensing of motor vehicles in counties throughout the State, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, is hereby amended by adding immediately following Section 6A a new Section to be designated Section 6B to read as follows: Section 6B. On or before December 31 of each year, the State Revenue Commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this State. The sheriffs shall make application with the local tag agent and shall pay a fee of $10.00. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of this Act. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GUARDIAN AND WARDHEARING, COUNSEL, ETC. Code Chapter 49-6 Amended. No. 1267 (House Bill No. 1838). AN ACT To amend Code Chapter 49-6, relating to the appointment of guardians for insane and certain other persons, so as to change certain references to other Code Sections being amended; to provide for full and fair hearings and notice; to provide for certain hearings and findings by a commission and the proceedings related thereto; to

"GA1978.1.1532">

provide for representatives and for appointment of guardians ad litem; to provide for the composition of the commission; to provide for appointment of counsel; to provide for notice; to provide for compensation and how paid for certain hearings and to certain commission members and appointed counsel; to provide for continuation of certain guardianships; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 49-6, relating to the appointment of guardians for insance and certain other persons, is hereby amended by striking from paragraph (1) of subsection (a) of Section 49-604, the following: 88-502.15, and inserting in lieu thereof the following: 88-502.18, so that when so amended, said paragraph shall read as follows: (a) (1) At any time during procedures for the hospitalization of a patient under Chapter 88-5 or while a patient is hospitalized under such Chapter, any person in interest may file a petition under oath with the probate court in the county of the patient's residence for the appointment of a guardian of the person or the property of the patient or both. The court shall serve notice of the petition on the patient and his representatives under the provisions of Section 88-502.18. `Upon the filing of such petition, the court may request from the superintendent of any hospital where the patient is hospitalized an evaluation to determine whether or not the patient is mentally ill to the extent that he is incapable of managing his estate. Section 2. Said Chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Section 49-604, which reads as follows:

"GA1978.1.1533">

(3) Unless only a temporary guardianship is sought under the provisions of subsection (a) (2), the petition filed under subsection (a) (1) shall be supported by the affidavit of a physician stating that the patient is mentally ill and incapable of managing his estate and the Court shall conduct a hearing under the procedures specified in Section 88-506.4, if hospitalization of the patient is being sought under Section 88-506.3; under the procedures specified in Section 88-507.3, if hospitalization is being sought under Section 88-507.2; or under the procedures specified in Section 88-506.4 if the patient is then hospitalized in a Treatment Facility. The superintendent of the Treatment Facility may supply the affidavit of a physician required to support the petition when the patient is in fact a patient of the Treatment Facility. The Court may combine in one proceeding the hearings on the issue of hospitalization and on the issue of the appointment of a guardian. If the finding in such a hearing is that the patient is mentally ill to the extent he is incapable of managing his estate, the Court may appoint a guardian of the person or property of the patient or both. In such event the Court shall enter a written opinion stating its findings of fact., and inserting in lieu thereof the following: (3) Unless only a temporary guardianship is sought under the provisions of subsection (a) (2), the petition filed under subsection (a) (1) shall be supported by the affidavit of a physician stating that the patient is mentally ill and incapable of managing his estate and the probate court shall conduct a full and fair hearing pursuant to Code Section 88-501(u) to determine whether or not the patient is mentally ill and incapable of managing his estate. The court shall set a date for hearing within five days of the time the petition is filed unless a continuance is granted for good cause. Notice of the hearing shall be served on the patient and his representative in person or by registered or certified mail. The notice shall be accompanied by a plain and simple statement that the patient is entitled to counsel and that, if the patient cannot afford counsel, the court will appoint counsel on request by the patient or his representative. The superintendent of the treatment facility may supply the affidavit of a physician required to support the petition when the patient is in fact a patient of the treatment facility. The court may combine in one proceeding the hearings on the issue of hospitalization and on the issue of the appointment of a guardian when practicable and when both such issues are before the court. If the finding in such a

"GA1978.1.1534">

hearing is that the patient is mentally ill to the extent he is incapable of managing his estate, the court may appoint a guardian of the person or property of the patient or both. In such event the court shall enter a written opinion stating its findings of fact. Section 3. Said Chapter is further amended by striking from subsection (b) of Section 49-604 the following: 88-507.3, and if the Commission finds, and inserting in lieu thereof the following: 49-604.1, and if the commission is not unanimous in finding that the person is mentally ill and incapable of managing his estate, the court without taking further action shall terminate the proceedings and dismiss the petition. If the commission is unanimous in finding, so that when so amended, said subsection shall read as follows: (b) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon the filing of a petition under oath alleging that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of managing his estate, with a physician's certificate to like effect and stating that he has examined said person on a date not more than ten days prior to the filing of the application being attached to such application, the probate court of the county in which the allegedly mentally incompetent person is found shall take jurisdiction. Thereafter, a hearing shall be held as provided in Section 49-604.1, and if the commission is not unanimous in finding that the person is mentally ill and incapable of managing his estate, the court without taking further action shall terminate the proceedings and dismiss the petition. If the commission is unanimous in finding that the person is mentally ill and incapable of managing his estate, the court may appoint a guardina of the property or the person or both, provided that the court shall not order the allegedly mentally incompetent person hospitalized. Guardians of persons mentally incompetent due to illness or other causes are authorized to arrange for a suitable place for their custody, care, treatment, or hospitalization in a humane manner, or to hospitalize them under the provisions of Section 88-503.1 if such a course shall be necessary

"GA1978.1.1535">

in the interest of the welfare of such person or of the welfare of others of the community in which such person resides. Section 4. Said Chapter is further amended by inserting immediately following Section 49-604 a new Code Section 49-604.1, to read as follows: 49-604.1. Procedure for hearing. (a) The probate court shall enter the names and addresses of representatives of the allegedly mentally incompetent person on the petition. The allegedly mentally incompetent person may designate one representative; a second representative or, in the absence of designation of one representative by the allegedly mentally incompetent person, two representatives, shall be selected by the court, one of whom shall be selected from the following in the order of listing, other than the person who executed the petition under Section 49-604(b): the allegedly mentally incompetent person's legal guardian, spouse, an adult child, parent, attorney, adult next of kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. The court shall make diligent efforts to secure names and addresses of two representatives for the allegedly mentally incompetent person as provided for herein. If the court is unable to secure such representatives after diligent search, that fact shall be entered in the record of the case, and the court shall appoint a guardian ad litem. Such guardian ad litem shall act as representative of the allegedly mentally incompetent person. (b) The court shall issue a commission directed to three reputable persons, two of whom shall be practicing physicians in good standing, said physicians to be residents of the county, if that number reside therein, and the county attorney, or some attorney of the county appointed by said county attorney (or, in the case of disqualification of the county attorney, an attorney appointed by the court), or the solicitor of any State court located in said county, and if no county attorney or solicitor of said State court, the district attorney of the circuit or some attorney of the county appointed by him. The commission shall be sworn to examine the allegedly mentally incompetent person according to the best of its ability and to report to the court its findings as to the mental condition of said allegedly mentally incompetent person and as to his need for a guardina. Provided, however, that in the event the allegedly mentally incompetent person shall be financially unable to employ

"GA1978.1.1536">

counsel to represent him in said hearing, then the court shall appoint an attorney to represent said person. The attorney so appointed shall be compensated in the same manner and in the same amount as the members of the commission, but he shall not be a member of the commission. (c) The court shall set a date for the hearing within five days of the time the petition is filed unless a continuance is granted for good cause. Notice of the hearing shall be served on the allegedly mentally incompetent person and his representatives in person or by registered or certified mail. The notice shall be accompanied by a plain and simple statement that the allegedly mentally incompetent person is entitled to counsel and that, if he cannot afford counsel, the court will appoint counsel on request by such person or his representative. (d) The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the allegedly mentally incompetent person. The commission shall receive all relevant testimony and evidence. The physician who executed the certificate filed with the court under Section 49-604(b) shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. Section 5. Said Chapter is further amended by striking from subsection (a) of Section 49-605 the following: Section 88-506.3 or 88-507.2, or voluntarily hospitalized by his guardian, and inserting in lieu thereof the following: Section 88-506.2, or voluntarily hospitalized, so that when so amended, said subsection shall read as follows: (a) Any person who has been involuntarily hospitalized under Section 88-506.2, or voluntarily hospitalized under Section 88-503.1 for whom a guardian has been appointed and who has been discharged from the treatment facility as being restored to mental health shall be deemed to be restored to mental health to the extent

"GA1978.1.1537">

that he is capable of managing his estate and no longer in need of a guardian. The superintendent of the treatment facility, upon the release of the person restored to mental health shall notify the probate court which appointed the guardian of such person. The judge of the probate court, before the expiration of 30 days from the date of receipt of said notice shall enter an order declaring such person restored to mental health and capable of managing his estate and the guardian of such person shall forthwith deliver over to such person his property, money and other effects in the hands of such guardian. Section 6. Said Chapter is further amended by striking in its entirety subsection (b) of Section 49-605, which reads as follows: (b) Any person who has been restored to mental health to the extent that he is capable of managing his estate after having had a guardian appointed for his person or property may, personally or by attorney, petition the judge of the probate court of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment terminating the guardianship. Such petition may be brought even though such person is still subject to an order of hospitalization under Chapter 88-5. Such petition shall be accompanied by a certificate of a physician stating that he has personally examined such person and is of the opinion that such person is no longer mentally ill to the extent that he is incapable of managing his estate. Thereafter, upon notice to the guardian and the representatives of such person as required by Section 88-507.3, a hearing shall be set on the issue of whether such person is no longer mentally ill to the extent that he is incapable of managing his estate. If the guardianship was ordered following a hearing under Section 88-506.4, the hearing on the termination shall be held under the procedures of Section 88-506.4. If the guardianship was ordered following a hearing under Section 88-507.3, the hearing on the termination shall be held under the procedures of Section 88-507.3. The probate court shall enter its order either denying or granting such petition, with further rights of appeal from the order of the probate court as provided in Section 88-502.16., and inserting in lieu thereof a new subsection (b), to read as follows: (b) Any person who has been restored to mental health to the extent that he is capable of managing his estate after having had a

"GA1978.1.1538">

guardian appointed for his person or property may, personally or by attorney, petition the judge of the probate court of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment terminating the guardianship. Such petition may be brought even though such person is still subject to an order of hospitalization under Chapter 88-5. Such petition shall be accompanied by a certificate of a physician stating that he has personally examined such person and is of the opinion that such person is no longer mentally ill to the extent that he is incapable of managing his estate. Thereafter, upon notice to the guardian and the representatives of such person as required by Section 49-604.1, a hearing shall be set on the issue of whether such person is no longer mentally ill to the extent that he is incapable of managing his estate. If the guardianship was ordered following a hearing under Section 49-604(a)(3), the hearing on the termination shall be held under the procedures of Section 49-604(a)(3). If the guardianship was ordered following a hearing under Section 49-604(b), the hearing on the termination shall be held under the procedures of Section 49-604(b). The probate court shall enter its order either denying or granting such petition, with further rights of appeal from the order of the probate court as provided in Section 88-502.19. Section 7. Said Chapter is further amended by striking from Section 49-610, wherever it may appear, the following: 88-507.3, and inserting in lieu thereof the following: 49-604.1, so that when so amended, said Section shall read as follows: 49-610. Examining committee in certain counties. In any county where there shall be only one physician licensed to practice medicine under the Georgia Medical Practice Act (Chapter 84-9) residing in the county, the committee provided for in Section 49-604 and Section 49-604.1 may be a committee of six reputable persons, one of whom shall be such physician and the remaining five shall be qualified jurors of the county not related to any person at interest in said cause. If no physician is available, an examining committee of six reputable persons who are residents of the county and qualified

"GA1978.1.1539">

jurors thereof shall be appointed. The examining committee appointed as provided herein shall make an examination and report its findings as provided in Section 49-604 and Section 49-604.1. Section 8. Said Chapter is further amended by striking in its entirety Section 49-611, which reads as follows: 49-611. Compensation; how paid. The judge of the probate court shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in Section 49-610 in the same sum or sums as provided for in Section 88-508.2, except that the members qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing., and inserting in lieu thereof the following: 49-611. Compensation; how paid. The judge of the probate court shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in this Chapter. (a) The total costs to be paid to the probate court for a hearing under Section 49-604(a) shall be the sum of $40. (b) For the hearing under Section 49-604(b), the sum to be paid to the members of the examining committee shall not exceed $25 and actual expenses to each member, except that members serving thereon pursuant to Section 49-610 and qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing. The total costs to be paid to the probate court for such hearing shall be the sum of $25. (c) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient or allegedly mentally incompetent person shall not exceed $25 and actual expenses. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein.

"GA1978.1.1540">

Section 9. No guardianship lawful before the effective date of this Act shall be deemed unlawful because of this Act, and any such guardianship shall continue subject to the provisions for termination of guardianship as provided in Code Section 49-605. It is the intent of this Section that from the effective date of this Act, all orders respecting the guardianship of the mentally ill shall be governed by the provisions of Chapter 49-6 but that no new proceedings need be instituted for the continuation of guardianship pursuant to laws existing prior to the effective date of this Act. Section 10. This Act shall become effective only if Senate Bill 449, introduced during the 1978 regular session of the General Assembly, which bill relates to hospitalization and treatment procedures for the mentally ill, becomes law, and shall then become effective upon the effective date of said Senate Bill 449. 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1541">

GEORGIA RESIDENTIAL FINANCE AGENCY ACT AMENDED. No. 1268 (House Bill No. 1840). AN ACT To amend an Act to create an Authority to be known as the Georgia Residential Finance Agency, approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended, so as to change the proportion of units financed by the agency which must be located inside or outside the Standard Metropolitan Statistical Areas of the State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create an Authority to be known as the Georgia Residential Finance Agency, approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended, is hereby amended by striking from subsection (d) of Section 6 thereof, wherever the same shall appear, the following: one-third, and substituting in lieu thereof the following: 40 percent, so that when so amended subsection (d) shall read as follows: (d) At least 40 percent of the units financed by the Authority shall be in the Standard Metropolitan Statistical Areas of this State, and at least 40 percent of the units financed by the Authority shall be outside the Standard Metropolitan Statistical Areas of this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1542">

DEPARTMENT OF COMMUNITY AFFAIRSEXPENSES OF MEMBERS. No. 1269 (House Bill No. 1846). AN ACT To amend an Act establishing a Department of Community Affairs and providing for its powers, duties and functions, approved March 16, 1977 (Ga. Laws 1977, p. 381), so as to change certain provisions relative to the payment of the expense of the members of the Board 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. An Act establishing a Department of Community Affairs and providing for its powers, duties and functions, approved March 16, 1977 (Ga. Laws 1977, p. 381), is hereby amended by deleting therefrom subsection (f) of Section 2 in its entirety and substituting in lieu thereof the following: (f) Board membership does not constitute public office to the extent that a member of the Board is precluded from holding other public office. Each member of the Board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day such member is in attendance at a meeting of the Board, plus reimbursement for actual transportation incurred while traveling by public carrier, or the mileage allowance authorized for certain State officials and employees for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any per diem, allowance or other remuneration now received by any such member for such attendance. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1543">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA RESIDENTIAL FINANCE AUTHORITYMEMBERS, TERMS, ETC. No. 1270 (House Bill No. 1874). AN ACT To amend an Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1651), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 257), so as to change the composition of the Authority; to specify qualifications for certain public members of the Authority; to provide for the appointment and the initial terms of the public members added by this Act; to provide for the continuation of existing terms of certain members of the Authority; to provide for the expiration of the existing terms of certain members of the Authority; to change the provisions relating to vacancies; to delete obsolete provisions; to provide 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 Residential Finance Authority Act, approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1651), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 257), is hereby amended by striking Section 5(a) in its entirety and substituting in lieu thereof a new Section 5(a), to read as follows:

"GA1978.1.1544">

(a) Members of the Authority. The Authority shall be composed of seven members as follows: three permanent members who shall be (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) the Commissioner of the State Department of Community Affairs; and four public members. No two public members shall be residents of the same Congressional District. At least one of the public members appointed by the Governor shall reside outside of the Standard Metropolitan Statistical Areas of the State and at least one such public member shall reside within one of the Standard Metropolitan Statistical Areas of the State. Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. Laws 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. Laws 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such

"GA1978.1.1545">

compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act. Section 2. The public members of the Georgia Residential Finance Authority in office on the effective date of this Act shall serve out the remainder of their respective terms and until their successors shall be appointed as provided by law. The public members added by Section 1 of this Act shall be appointed within 60 days after the effective date of this Act. Two of the initial appointments made by the Governor shall be for terms of two years and until their successors are appointed and qualified and the remaining two appointments shall be for terms of four years and until their successors are appointed and qualified. Thereafter, successors to such public members shall be appointed for the terms of office as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. DEPARTMENT OF COMMUNITY AFFAIRSRESPONSIBILITIES OF DEPARTMENT. No. 1271 (House Bill No. 1937). AN ACT To amend an Act to establish a Department of Community Affairs and provide its powers, duties and functions and for other purposes, approved March 16, 1977 (Ga. Laws 1977, p. 381), so as to transfer to said Department of Community Affairs the responsibility

"GA1978.1.1546">

directly or in cooperation with other agencies to provide, coordinate or secure services to local governments relating to local financing, public facilities, law enforcement, personnel recruiting, public administration and related activities; to provide 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 a Department of Community Affairs and provide its powers, duties and functions, approved March 16, 1977 (Ga. Laws 1977, p. 381), is hereby amended by deleting the first paragraph of Section 4 of said Act and substituting the following in lieu thereof: Section 4. Responsibilities of the Department. All functions of the State Bureau of Community Affairs, set forth in Ga. Laws 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(f), 10(g), 10(h), 10(j), 10(k), 12(c), 13, 14, 15, 16, 17 and 18; Ga. Laws 1967, p. 252 (Act No. 123), Sections 2(g), 5(a), 5(b), 5(c), 5(d) and 7; Ga. Laws 1976, p. 651 (Act No. 1026); Ga. Laws 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. 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 3, 1978.

"GA1978.1.1547">

STATE CONTRACTS WITH NONPROFIT CONTRACTORS. No. 1272 (House Bill No. 1953). 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. Laws 1976, p. 1414), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1045), so as to exempt from the reporting requirements certain nonprofit corporations who have previously contracted with the State; to change the requirements for auditors; to permit submissions of copies of certain audits to meet certain requirements; to provide 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. Laws 1976, p. 1414), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1045), is hereby amended by striking paragraph (1) of subsection (a) of Section 3 in its entirety, which reads 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;, and inserting in lieu thereof a new paragraph (1), to read as follows: (1) furnish the State agency with a certified financial statement of the nonprofit contractor's previous fiscal year total receipts and expenditures, unless the nonprofit contractor has contracted with the State during the two years immediately preceding the execution

"GA1978.1.1548">

of the contract to which subsection (a) of this Section 3 applies and such contractor has had a previous State contract requiring the establishment of fiscal and programmatic accountability. Such financial statement shall be furnished within 90 days after execution of the contract and shall include 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 2. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 3 in its entirety, which reads 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 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;, and inserting in lieu thereof a new paragraph (2), to read as follows: (2) agree in writing to annually furnish the State Auditor and the State agency, after the end of the nonprofit contractor's fiscal year, with the report of an independent auditor or of an auditor acceptable to the State agency with the predominant interest, as determined by the State Auditor. Such report shall cover the nonprofit

"GA1978.1.1549">

contractor's total receipts and expenditures for the fiscal year just ended and, 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. Notwithstanding the provisions of this paragraph, a nonprofit contractor who has begun and completed performance of any contract within the same fiscal year of such contractor, which contract was with a federal, State or other governmental entity, and which contract has been audited for the purpose of determining compliance with the funding requirements for such federal, State or other governmental entity, may include a certified copy of such audit as an attachment to the auditor's report required by this paragraph in lieu of having an audit of such contract included in such report. Notwithstanding the provisions of this paragraph, a nonprofit contractor whose total annual income does not exceed $80,000 and whose total annual income comes from a single contract with a single State agency may be audited by the contracting 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, but failure of a State agency to audit such nonprofit contractor shall not exempt the nonprofit contractor from the provisions of this Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1550">

REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AMENDEDSALES IN PRIVATE CLUBS IN CERTAIN COUNTIES (32,500-32,800). No. 1273 (House Bill No. 2066). AN ACT To amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the sale of alcoholic beverages and liquors for consumption on the premises in certain clubs located in certain counties and municipalities; to provide for a definition; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding at the end thereof a new Section to read as follows: Section 30C. (1) Notwithstanding any other law to the contrary, the governing authority of every county in this State having a population of not less than 32,500 and not more than 32,800, according to the United States Decennial Census of 1970, or any future such census, which county has voted to tax, legalize and control alcoholic beverages and liquors in said county under this Act, and the governing authority of every municipality within every such county, which municipality has voted to tax, legalize and control alcoholic beverages and liquors in said municipality under this Act, is hereby authorized through proper resolution or ordinance to issue alcoholic beverage and liquor licenses to bona fide private clubs, as defined herein. Such licenses shall authorize the sale of alcoholic beverages and liquors for beverage purposes by the drink, for consumption on the premises only. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for

"GA1978.1.1551">

the issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, included, but not limited to, the regulation of the hours when such alcoholic beverages and liquors may be served, the types of employees, and other matters which may fall within the police powers of such counties and municipalities. Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell alcoholic beverages and liquors at wholesale to any person or persons so licensed as provided in this Section, and the person or persons so licensed under this Section shall be authorized to purchase alcoholic beverages and liquors from a licensed wholesaler at wholesale. (2) For purposes of this Section, the term `club' shall mean a nonprofit association organized and existing under the laws of the State of Georgia, which has been in existence for a period of at least one (1) year prior to the filing of its application for a license hereunder, which has at least seventy-five (75) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment, and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the sale of alcoholic beverages or liquors beyond the amount of such salary as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club. For the purposes of this Section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. 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 3, 1978.

"GA1978.1.1552">

GAME AND FISH CODE AMENDED. Code Title 45 Amended. No. 1274 (House Bill No. 1382). AN ACT To amend Code Title 45, known as the Game and Fish Code, so as to change the provisions relative to shrimping and to provide additional requirements in connection therewith; to change the provisions relative to certain licenses; to provide for certain additional licenses; to change provisions relative to certain bonds; to provide additional requirements relative to bait dealers; 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. Code Title 45, known as the Game and Fish Code, is hereby amended by adding at the end of subsection (g) of Code Section 45-303 two new paragraphs to be designated paragraphs (23) and (24) and to read as follows: (23) Resident sport bait shrimping license Season 5.00 (24) Nonresident sport bait shrimping license Season 75.00. Section 2. Said Code Title is further amended by inserting in subsection (n) of Code Section 45-302 between the word licenses and the word shall the following:

"GA1978.1.1553">

, including commercial fishing boat licenses issued pursuant to Section 45-305,, so that when so amended said subsection (n) shall read as follows: (n) Except as otherwise specifically provided, all season hunting, fishing and trapping licenses, including commercial fishing boat licenses issued pursuant to Section 45-305, shall be effective from April 1 to March 31 of the following year. Section 3. Said Code Title is further amended by adding at the end of Code Section 45-902 a new subsection (h) to read as follows: (h) After March 31, 1979 it shall be unlawful for any person taking shrimp pursuant to this section to fail to have positioned on the bow or cabin of the boat taking such shrimp a board with a background color of daylight fluorescent orange and with such numerals and letters painted or affixed thereon as are specified by the Department for such boat. Such numerals and letters shall be at least sixteen inches (16[UNK]) in height, black in color, of block character, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be designed and furnished by the Department. Such numerals and letters shall be furnished periodically at the time commercial fishing boat licenses are issued pursuant to Section 45-305, beginning with the commercial fishing boat licenses which are effective after March 31, 1979. Section 4. Said Code Title is further amended by inserting in the beginning language of subsection (a) of Code Section 45-905, after the phrase power-drawn nets the following: in accordance with the provisions of Section 45-902, and by striking from paragraphs (1) and (2) of said subsection the phrase: or of Section 45-908, so that when so amended the beginning language of subsection (a) of Code Section 45-905 and paragraphs (1) and (2) thereof shall read as follows:

"GA1978.1.1554">

(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 in accordance with the provisions of Section 45-902, 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; (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. Section 5. Said Code Title is further amended by striking from subsection (b) of Code Section 45-905 the phrase: or of Section 45-908, so that when so amended said subsection (b) shall read as follows: (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 to recover on the bond for the breach of its conditions whenever said boat is used in violation of Section 45-902 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;

"GA1978.1.1555">

D. All subsequent violations within a two-year period of time of any prior violation - $5,000. Section 6. Said Code Title is further amended by striking subsection (a) of Code Section 45-907 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any provision of this title to the contrary notwithstanding, any person who has a sport bait shrimping license may use a powerdrawn net in accordance with the provisions of this Section, 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 one-half hour before official sunrise and one-half hour after official sunset. It shall also be unlawful to engage in the taking of shrimp pursuant to this Section, except in those rivers or creeks or portions thereof opened to such taking. A river or creek or portion thereof may be so opened only if at least two (2) trawls have been made within a twenty-four hour period with a twenty (20) foot net of one inch (1[UNK]) stretched mesh in the tidal river or creek or portion thereof to be opened, and it has been determined that no more than twenty percent (20%) in number of a random sample of one hundred (100) white shrimp and no more than twenty percent (20%) in number of a random sample of brown shrimp taken from any one such trawl measure less than two and one-half inches (2 1/2[UNK]) in length from the tip of the rostrum to the tip of the telson. The determination of whether to open a river or creek or portion thereof shall be made jointly by the Commissioner, the member of the Board from the First Congressional District, and the member of the Board from one of the following named counties, to wit: Chatham, Bryan, Liberty, McIntosh, Glynn or Camden. No person taking shrimp under this subsection shall possess more than two (2) quarts of bait shrimp at any time, no more than one-half (1/2) pint of which may be dead, but any such person may take a maximum of four (4) quarts of bait shrimp during any twenty-four hour period. When two or more persons taking shrimp under this subsection occupy the same boat, at least one such person must have a sport bait shrimping license, and there may be no more than four (4) quarts of bait shrimp on board said boat at any time, no more than one (1) pint of which may be dead, but the persons occupying said boat may take a maximum of eight (8) quarts of bait shrimp during any

"GA1978.1.1556">

twenty-four hour period. Possessing or taking more than the limits prescribed herein shall be unlawful. 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. Section 7. Said Code Title is further amended by adding at the end of Code Section 45-907 a new subsection (c) to read as follows: (c) After March 31, 1979 it shall be unlawful for any person taking shrimp pursuant to this section to fail to have positioned on the bow or cabin of the boat taking such shrimp a board with a background color of daylight fluorescent orange with such numerals and letters printed or affixed thereon as are specified by the Department for such boat. Such numerals and letters shall be at least sixteen inches (16[UNK]) in height, black in color, of block character, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be designed and furnished by the Department. Such numerals and letters shall be furnished periodically at the time sport bait shrimping licenses are issued pursuant to Section 45-303, beginning with the sport bait shrimping licenses which are effective after March 31, 1979. Section 8. Said Code Title is further amended by striking subsection (a) of Code Section 45-908 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (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. No such license shall be issued for a bait dealership to be located on any dock or other facility, including platforms, walkways and buildings, which is one contiguous unit and where shrimp taken pursuant to Section 45-902 are unloaded, handled, processed, sold or otherwise distributed. 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

"GA1978.1.1557">

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. 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 power-drawn 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 one-half hour before official sunrise and one-half hour after official sunset. All salt waters of this State shall be closed to the taking of shrimp pursuant to this Section, except that a river or creek or portion thereof may be opened to such taking, provided that after at least two (2) trawls have been made within a twenty-four hour period with a twenty (20) foot net of one inch (1) stretched mesh in the tidal river or creek to be opened, it has been determined that no more than twenty percent (20%) in number of a random sample of one hundred (100) white shrimp and no more than twenty percent (20%) in number of a random sample of brown shrimp taken from any one such trawl measure less than two and one-half inches (2 1/2[UNK]) in length from the tip of the rostrum to the tip of the telson. The determination of whether to open a river or creek or portion thereof shall be made jointly by the Commissioner, the member of the Board from the First Congressional District, and the member of the Board from one of the following named counties, to wit: Chatham, Bryan, Liberty, McIntosh, Glynn or Camden. It shall also be unlawful for any person taking shrimp pursuant to this Section to have on board the boat used for such taking more than fifty (50) quarts of shrimp at any one time, no more than ten percent (10%) of which may be dead. 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 (b)(4) of this Section.

"GA1978.1.1558">

Section 9. Said Code Title is further amended by inserting in subsection (b) of Code Section 45-908, between the word license and the word shall the following: and, except as provided in subsection (a) of this Section, all licensed bait dealers, and by striking from said subsection the words comply with where the same appear between the word shall and the word the and inserting in lieu thereof the following: have and maintain facilities meeting, so that when so amended subsection (b) of Code Section 45-908 shall read as follows: (b) Applicants for a bait dealer license and, except as provided in subsection (a) of this Section, all licensed bait dealers shall have and maintain facilities meeting 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 saltwater. Tanks with circulating saltwater 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. (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.

"GA1978.1.1559">

Section 10. Said Code Title is further amended by striking subsection (g) of Code Section 45-908 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) It shall be unlawful for any person taking shrimp pursuant to this Section to fail to record, within thirty (30) minutes after the end of the trawl by which such shrimp were taken, the amount, time and place of each such trawl. It shall also be unlawful for any such person to fail to record the total amount of shrimp taken within thirty (30) minutes after reaching the dock. It shall also 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, as well as the amount of live shrimp and the amount of dead shrimp sold daily. Such records shall be submitted to the Department once a month. Section 11. Said Code Title is further amended by adding five new subsections at the end of Code Section 45-908 to be designated subsections (i), (j), (k), (l) and (m) and to read as follows: (i) It shall be unlawful for any licensed bait dealer or a fulltime employee of such person to sell or otherwise distribute to any one person, within a twenty-four hour period, more than eight (8) quarts of shrimp taken pursuant to this Section. It shall also be unlawful for any person to buy, within a twenty-four hour period, more than eight (8) quarts of shrimp taken pursuant to this Section. (j) It shall be unlawful to sell, unload, or otherwise dispose of shrimp taken pursuant to this Section at any place other than the established bait dealership for whom the bait was taken. This subsection shall not prohibit the transfer from the boat taking such shrimp to an approved vehicle with equipment to keep shrimp alive which will unload shrimp so taken at an established bait dealership which is not located on the waterfront. (k) It shall be unlawful for any licensed bait dealer to have, at his established bait dealership at one time, more than two hundred (200) quarts of shrimp. It shall also be unlawful for more than ten percent (10%) of the shrimp at such dealership to be dead shrimp, unless the dead shrimp in excess of such percentage are promptly frozen and packaged as dead bait as required by subsection (d) of this Section.

"GA1978.1.1560">

(l) After March 31, 1979 it shall be unlawful for any person taking shrimp pursuant to this Section to fail to have positioned on the bow or cabin of the boat taking such shrimp a board with a background color of daylight fluorescent orange with such numerals and letters painted or affixed thereon as are specified by the Department for a particular established bait dealership. Such numerals and letters shall be at least sixteen inches (16[UNK]) in height, black in color, of block character, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be designed and furnished by the Department. Such numerals and letters shall be furnished periodically at the time the bait dealer licenses are issued pursuant to Section 45-303, beginning with the bait dealer licenses which are effective after March 31, 1979. (m) Except from March 1 through July 15 of each year, it shall be unlawful for more than one (1) boat to be engaged in the taking of shrimp at any one time for an established bait dealer. From March 1 through July 15, it shall be unlawful for more than two (2) boats to be engaged in the taking of shrimp for such dealer. Such boats shall be designated by the suffixes `A' and `B' being placed at the end of the other numerals and letters specified by the Department as provided in subsection (l) hereinabove. It shall be unlawful for any boat with a `B' suffix to take shrimp except from March 1 through July 15. Section 12. Said Code Title is further amended by adding in subsection (b) of Section 45-907 immediately preceding the period appearing at the end of said subsection the following: or to personally consume such shrimp, and by adding at the end of said subsection a new sentence to read as follows: Possession of shrimp with heads off shall be prima facie evidence that such shrimp are to be sold for human consumption or are to be personally consumed. so that when so amended subsection (b) of Code Section 45-907 shall read as follows:

"GA1978.1.1561">

(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 or to personally consume such shrimp. Possession of shrimp with heads off shall be prima facie evidence that such shrimp are to be sold for human consumption or are to be personally consumed. Section 13. Said Code Title is further amended by inserting immediately preceding the period appearing at the end of subsection (h) of Code Section 45-908 the following: ,or to personally consume such shrimp, and by adding at the end of said subsection a new sentence to read as follows: Possession of shrimp with heads off shall be prima facie evidence that such shrimp are to be sold for human consumption or are to be personally consumed., so that when so amended subsection (h) of Code Section 45-908 shall read as follows: (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 or to personally consume such shrimp. Possession of shrimp with heads off shall be prima facie evidence that such shrimp are to be sold for human consumption or are to be personally consumed. Section 14. 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.

"GA1978.1.1562">

Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AMENDEDSALES IN CERTAIN COUNTIES (9,705-9,905), REFERENDUM. No. 1275 (House Bill No. 1924). 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. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; to require approval of such sales at a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), is hereby amended by adding a new Section, to be known as Section 30A, to read as follows:

"GA1978.1.1563">

Section 30A. (a) Notwithstanding any provision of this or any other law to the contrary and subject to the requirement of a referendum election as provided in subsection (b), the governing authority of any county having a population of not less than 9,705 and not more than 9,905, according to the United States Decennial Census of 1970 or any such future census, and the governing authority of every municipality in each such county through proper resolution or ordinance shall authorize issuance of license to sell distilled spirits or alcoholic beverages by the drink, said sales being for consumption on the premises, provided however, the premises are operated among other things as a restaurant serving food to the general public with said food sales to be in excess of $100,000.00 per year or said premises may be premises of a private nonprofit club which has been in existence at least twelve months. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license provided they meet the criteria herein stated and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, including but not limited to the regulation of hours of business, number and types of employees, and other matters which may fall within the police powers of such counties and municipalities. (b) No county or municipality shall be authorized to issue a license pursuant to the provisions of this Section unless the issuance of such licenses is approved by the voters of the county at a referendum election held for such purpose. The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county elections superintendent of the governing authority's decision as to the date. It shall be the elections superintendent's duty to issue the call for the election and to specify that the election shall be held on the date determined by the county governing authority. The elections 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 said county. The ballot shall have written or printed thereon the following:

"GA1978.1.1564">

`[] YES [] NO Shall the issuance to certain restaurants and organizations of licenses to sell distilled spirits by the drink be approved?' All persons desiring to vote in favor of issuance of the licenses shall vote `Yes', and those persons opposed to issuance of the licenses shall vote `No'. If more than one-half of the votes cast on such question are in favor of issuance of the licenses, then the licenses may be issued in accordance with the provisions of this Section, otherwise the licenses may not be issued and the question of the issuance of the licenses may not again be submitted to the voters of said county within 24 months immediately following the month in which such election was held. It shall be the duty of the county elections superintendent to hold and conduct such election under the same rules and regulations as govern special elections, except as otherwise provided herein. It shall be his further duty to canvass the returns and declare and certify the result of the election and to certify the result thereof to the Secretary of State and to the State Revenue Commissioner. The expense of any such election shall be borne by the county wherein the election was held. (c) Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this Section, and the person or persons so licensed under this Section shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1565">

DEPARTMENT OF TRANSPORTATIONPERMITS FOR TRANSPORTING MOBILE HOMES, ETC. No. 1277 (Senate Bill No. 548). AN ACT To amend an Act providing the outside width of buses used by urban transit systems for the purpose of transporting passengers, approved March 11, 1977 (Ga. Laws 1977, p. 321), so as to authorize the inclusion of modular homes and sectional houses in the law which permits the load width of a vehicle transporting a mobile home to extend up to and include 168 inches; to reduce the fee for the single trip permit to $10.00 for the mobile home, modular home and sectional houses which are 12 feet wide; to provide for the suspension of single trip permits authorized by this Act for vehicles wider than 144 inches; to provide for the issuance of annual permits for mobile homes, modular homes and sectional houses up to and including 120 inches wide; to extend the expiration time to April 1, 1978, to April 1, 1979, for the authority to issue single trip permits which allow load widths of 168 inches on mobile homes, modular homes and sectional houses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the outside width of buses used by urban transit systems for the purpose of transporting passengers, approved March 11, 1977 (Ga. Laws 1977, p. 321), 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. (a) 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, modular home or sectional house, 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 time when the public roads may be used. Such rules and regulations shall include the requirement that

"GA1978.1.1566">

a permit authorizing the load width of a vehicle transporting a mobile home, modular home or sectional house 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. (b) Upon the issuance of a single trip permit authorizing the load width of a vehicle transporting a mobile home, modular home or sectional house 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, modular home or sectional house 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, modular home or sectional house 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, modular home or sectional house 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 twelve (12) feet wide shall be $50.00. The fee for the issuance of a single trip permit for mobile homes, modular homes and sectional houses up to and including twelve feet wide shall be $10.00. (c) Notwithstanding any other provisions of Code Section 95A-961 or this Act, any vehicle transporting or towing a mobile home, modular home or sectional house 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, modular home or sectional house in excess of 144 inches the vehicle transporting or towing the mobile home, modular home or sectional house shall pull the mobile home, modular home or sectional house as far to the right as possible at the first reasonable location, stopping if necessary and shall allow the vehicles following the mobile home, modular home or sectional house 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 for vehicles wider than 144 inches shall be suspended for ninety (90) days. Upon a second conviction within two years, the fine shall not be less than $ 150.00 and the suspension of the permits for vehicles

"GA1978.1.1567">

wider than 144 inches shall be for 180 days. Upon a third conviction within two years, the fine shall be not less than $300.00 and the permits for vehicles wider than 144 inches shall be suspended for one (1) 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 suspension of permits authorized in this Section. (d) The authority contained in this Section for the issuance of single trip permits authorizing the load width of a vehicle transporting a mobile home, modular home or sectional house in excess of 144 inches but not more than 168 inches shall expire on April 1, 1979. 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 3, 1978. MENTAL HEALTH FACILITIESVOLUNTARY PATIENTS, ETC. Code Chapter 88-5 Amended. No. 1278 (Senate Bill No. 478). AN ACT To amend Code Chapter 88-5, as amended, so as to change the provisions relative to the authority of facilities to receive voluntary patients upon application of the patient's parent or guardian; to provide procedures by which minors and wards may be admitted to

"GA1978.1.1568">

facilities by application of the patient's parent or guardian; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-5, as amended, is hereby amended by striking Code Section 88-503.1 in its entirety and substituting in lieu thereof the following: 88-503.1. Authority to receive voluntary patients. (a) The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age, or older, making application therefor. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility until discharged pursuant to Sections 88-503.2 or 88-503.3, provided, however, that parents or guardians of a minor child must give written consent for such treatment. An individualized service plan shall be developed for such person as soon as possible. (b) Notwithstanding the provisions of subsection (a) of this Section, the parent or guardian of any individual under 18 years of age or the guardian for any individual who has been declared legally incompetent and for whom a guardian has been appointed may initiate a proceeding to certify such individual's eligibility for voluntary admission, as follows: (1) The parent or guardian shall cause the patient to be taken to any facility for observation, diagnosis and, if deemed necessary by the facility's chief medical officer, for treatment. The period of observation of the individual shall not exceed 15 days, including Saturdays, Sundays and holidays. Where possible, the observation shall be accomplished on an outpatient basis. Within the 15 day observation period, the chief medical officer of the facility shall determine if the patient is (i) mentally ill, (ii) suitable for treatment, and (iii) acceptable for treatment by a facility. If the patient meets criteria (i), (ii), and (iii), the chief medical officer shall certify the patient as suitable for voluntary admission and shall direct that an individualized service plan be developed before the expiration of the 15 day observation period. If treatment of the patient will best be accomplished

"GA1978.1.1569">

in another facility, prior to the completion of such plan, the other facility shall be contacted regarding the patient and give its approval before being included in the treatment plan. If the patient fails to meet criteria (i), (ii), and (iii), the patient shall be discharged from the facility no later than the expiration of the 15 day observation period. If the patient meets criteria (i), (ii), and (iii), the patient may be retained for continued observation, diagnosis, or treatment pending discharge or admission under subsection (b)(3) of this Section. (2) Only if the chief medical officer of the facility certifies that the patient is suitable for voluntary admission may the parent or guardian file a petition in the court of the county where the facility is located or in the county of residence of the individual, requesting that the individual be certified by the court as eligible for admission to the facility. Such petition shall be filed within two days, Saturdays, Sundays and holidays excluded, after the earlier of the expiration of the 15 day observation period or the certification by the chief medical officer. (3) A full and fair hearing shall be provided within five days, Saturdays, Sundays and holidays excluded, after the filing of the petition by the parent or guardian. If the parent or guardian fails to file a petition by the time provided in subsection (b)(2) of this Section, the patient must be discharged; provided, nothing in this subsection shall operate to prohibit any action to hospitalize such patient pursuant to the Juvenile Court Code or any other law of this State. If the court in which the petition is filed specifically finds, after a full and fair hearing, (i) that the facility has approved the proposed admission pursuant to subsection (b)(1) of this Section, (ii) that there is no alternative to hospitalization which presents a reasonable expectation of accomplishing the treatment goals set forth in the individualized service plan, (iii) that such individual is mentally ill, and (iv) that the individual would benefit from treatment in the designated facility, the court shall certify by written order that the individual is eligible for voluntary admission to that facility; otherwise, the petition for court certification shall be dismissed and the patient shall be immediately discharged. (4) Court certification of eligibility for admission under subsection (b)(3) of this Section shall not be construed as an involuntary

"GA1978.1.1570">

hospitalization of the patient but shall empower the parent or guardian or other responsible person to admit such person to the facility for treatment and shall empower the facility to accept the person as a patient. Such certification shall authorize the hospitalization of such individual for a period of six months after the day of initial admission to a facility. If continued hospitalization is necessary at the end of that period, the chief medical officer shall direct that the individualized service plan be reviewed and, no later than 20 days before the end of such period, shall recertify the patient's suitability for admission pursuant to subsection (b)(1) of this Section and, no later than five days after such recertification, shall notify the patient's parent or guardian of such recertification, the date thereof and that such parent or guardian must file a petition for court recertification within 10 days after such recertification by the chief medical officer or the patient shall be discharged. If the parent or guardian fails or refuses timely to file a petition in that court designated in subsection (b)(2) of this Section, the patient shall be discharged. If such petition is timely filed, a full and fair hearing pursuant to subsection (b)(3) of this Section shall be held within five days, Saturdays, Sundays and holidays excluded, after such filing, and discharge or continued admission shall be ordered as provided therein. Thereafter, recertification under the provisions of this subsection (b)(4) shall be required at least annually in order to authorize continued hospitalization. A person hospitalized under this subsection (b)(4) at all times shall remain subject to discharge pursuant to Sections 88-503.2 or 88-503.3. (c) Any individual voluntarily admitted under the provisions of this Section shall be given notice of his rights under Sections 88-502 and 88-503.3 at the time of his admission. Section 2. Said Code Chapter is further amended by striking from Code Section 88-505.5 (a) (2) the following: the parent or guardian may make application for voluntary admission under Section 88-503.1 (a), and substituting in lieu thereof the following:

"GA1978.1.1571">

proceedings for voluntary admission under Section 88-503.1 (b) must be utilized and the chief medical officer shall certify for voluntary admission and develop an individualized service plan within the five-day evaluation period and the time periods specified for subsequent filing and hearings shall be counted from such time of certification. Section 3. This Act shall become effective only if the authority to receive voluntary patients as set forth in Ga. Laws 1969, pp. 505, 517 (88-503.1 (a)) is held by any court of last resort to be unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978. No. 1279 (House Bill No. 112). AN ACT To provide for the regulation of certain educational institutions and activities; to provide for a short title; to provide for definitions; to provide for certain exemptions from the provisions of this Act; to provide for the designation of the State Board of Education as the Administrator of this Act and for powers and duties of said Board in connection therewith; to provide for certain minimum standards; to provide for certain prohibitions; to provide for authorization to operate; to provide for permits of agents; to provide for the denial of authorization to operate or permits of agents; to provide for the review of such denials; to provide for the revocation of authorization to operate or permits of agents; to provide for complaints of violations; to provide for judicial review; to provide requirements for

"GA1978.1.1572">

bonds; to provide for fees; to provide for the preservation of records; to provide for civil and criminal penalties; to provide for the jurisdiction of courts and the service of process; to provide for enforcement and injunctions in connection therewith; to provide for funding; to provide for effective dates; to repeal a specific law; 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 may be cited as the Postsecondary Educational Authorization Act of 1978. Section 2. Definitions. As used in this Act unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (a) Postsecondary educational institution means a degreegranting private college or university offering instruction or educational services primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance. (b) To operate an educational institution, or like term, means to establish, keep, or maintain any facility or location in this State where, from, or through which, education is offered or given, or educational credentials are offered or granted, and includes contracting with any person, group, or entity to perform any such act. (c) Authorization to operate or like term means approval of the Board to operate or to contract to operate a postsecondary educational institution in this State. (d) To offer includes, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described. (e) To grant includes awarding, selling, conferring, bestowing or giving. (f) Education or educational services or like term includes, but is not limited to, any class, course, or program of training, instruction, or study.

"GA1978.1.1573">

(g) Agent means any person owning any interest in, employed by, or representing for remuneration, a postsecondary educational institution within or outside this State, who, by solicitation in any form made in this State, enrolls or seeks to enroll a resident of this State for education offered by such institution, or offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself out to residents of this State as representing a postsecondary educational institution for any such purpose. (h) Agent's permit means a nontransferable written authorization issued to a natural person by the Board which allows that person to solicit or enroll any resident of this State for education in a postsecondary educational institution. (i) Educational credentials means degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress or satisfactory completion of the requirements or prerequisites for education at a postsecondary educational institution. (j) Entity includes, but is not limited to, any company, firm, society, association, partnership, corporation, and trust. (k) Board means the State Board of Education. Section 3. Exemptions. The following education and educational institutions are exempted from the provisions of this Act: (a) Institutions exclusively offering instruction at any or all levels from pre-school through the twelfth grade. (b) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the Board, solely for that organization's membership, or offered on a no-fee basis, not granting degrees. (c) Education solely avocational or recreational in nature, as determined by the Board, and institutions, not granting degrees, offering such education exclusively.

"GA1978.1.1574">

(d) Postsecondary educational institutions established, operated, and governed by this State, its agencies or its political subdivisions, as determined by the Board. (e) Institutions, not granting degrees, subject to regulation under the Act known as the Georgia Proprietary School Act, approved March 9, 1972 (Ga. Laws 1972, p. 156), as now or hereafter amended, unless the institution chooses to grant degrees. (f) Private colleges and universities located in foreign countries which award degrees and which maintain and operate educational programs - provided there shall be a blanket bond requirement in the penal sum of $50,000 to pay all damages or expenses which the State or any governmental subdivision thereof or any person may sustain in the event the courses, curriculum, and instruction are not of such quality and content to reasonably and adequately meet the objectives of which the courses, curriculum, or instruction are offered. Such institutions shall file the bond with the Secretary of State and consent to service with respect thereto; provided, however, if a private college or university has submitted a bond in accordance with the Georgia Proprietary School Act, a bond hereunder shall not be required. The bond submitted pursuant to the Georgia Proprietary School Act approved March 9, 1972 (Ga. Laws 1972, p. 156) shall indemnify and protect any Georgia governmental subdivision or any Georgia resident from any and all damages or expenses which he or she may sustain in the event the courses, curriculum and instruction are not of such quality and content to reasonably and adequately meet the objectives for which the courses, curriculum or instruction are offered. In addition, any such private college or university shall specifically extend to any Georgia resident attending a private college or university located in a foreign country the same rights and privileges to a refund for tuition expenses paid as are permitted pursuant to the Georgia Proprietary School Act. (g) Fully accredited liberal arts colleges and universities whose principal office and campus are located in Georgia, and their related graduate and professional programs, which have been recognized for more than ten years by a national or regional accrediting agency recognized by the United States Office of Education.

"GA1978.1.1575">

Section 4. State Board of Education; Designation; Powers and Duties. (a) The State Board of Education shall administer the provisions of this Act, in addition to its duties presently provided by law; and for the purposes thereof, the Board may hire such personnel as may be necessary, subject to the availability of appropriations. To effectuate the purposes of this Act, the Board may request from any department, division, board, bureau, commission, or other agency of the State, and the same shall provide, such information as will enable the Board to exercise properly its powers and perform its duties hereunder. (b) The Board shall have, in addition to the powers and duties now vested therein by law, the following powers and duties: (1) To establish minimum criteria in conformity with Section 5 of this Act, including quality of education, ethical and business practices, health and safety and fiscal responsibility, which applicants for authorization to operate, or for an agent's permit, shall meet before such authorization or permit may be issued, and to continue such authorization or permit in effect. The criteria to be developed hereunder shall be such as will effectuate the purposes of this Act, but will not unreasonably hinder legitimate educational innovation. (2) To receive, investigate as it may deem necessary, and act upon applications for authorization to operate postsecondary educational institutions and applications for agent's permits. (3) To maintain a list of postsecondary educational institutions and agents authorized to operate in this State under the provisions of this Act. Said list shall be available for the information of the public. (4) To negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in the judgment of the Board, such agreements are or will be helpful in effectuating the purposes of this Act but nothing contained in any such reciprocity agreement shall be construed as limiting the Board's powers, duties, and responsibilities with respect to independently investigating or acting upon any application for authorization to operate or any application for renewal of such authorization to operate for a postsecondary educational institution, or an application

"GA1978.1.1576">

for issuance of or renewal of any agent's permit, or with respect to the enforcement of any provision of this Act, or any of the rules or regulations promulgated hereunder. (5) To receive and cause to be maintained as a permanent file, copies of academic records in conformity with Section 16 of this Act. (6) To promulgate rules, regulations, and procedures necessary or appropriate for the conduct of its work and the implementation of this Act, and to hold such hearings as it may deem advisable or as required by law in developing such rules, regulations, and procedures, or in aid of any investigation or inquiry. (7) To investigate as it may deem necessary, on its own initiative or in response to any complaint lodged with it, any person, group, or entity subject to, or reasonably believed by the Board to be subject to, the jurisdiction of this Act; and in connection therewith to subpoena any persons, books, records, or documents pertaining to such investigation, which subpoenas shall be enforceable by any court of this State; to require answers in writing under oath to questions propounded by the Board and to administer an oath or affirmation to any person in connection with any investigation. (8) To delegate to the State Superintendent of Schools and to the State Department of Education such administrative powers and duties as may be reasonably necessary to effectively carry out the provisions of this Act and to establish such administrative organization and procedures as may be reasonably necessary to carry out the provisions of this Act. (9) To exercise other powers and duties implied but not enumerated in this Section but in conformity with the provisions of this Act which, in the judgment of the Board, are determined necessary in order to carry out the provisions of this Act. (10) To submit to the House University System of Georgia Committee and to the Senate Higher Education Committee an annual written report summarizing the activities of the Board in regard to their responsibilities, activities and supervision of this Act.

"GA1978.1.1577">

Section 5. Minimum Standards. (a) In establishing the criteria required by Section 4 of this Act, the Board shall observe and shall require compliance with the following minimum standards: (1) A postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated, in compliance with the following minimum standards: (i) That the quality and content of each course or program of instruction, training, or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered. (ii) That the institution has adequate space, equipment, instructional materials, and personnel to provide education of good quality. (iii) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably insure that the students will receive education consistent with the objectives of the course or program of study. (iv) That the institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered, program objectives, length of program, schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the Board or defined in the rules and regulations; and that such information is provided to prospective students prior to enrollment. (v) That upon satisfactory completion of training, the student is given appropriate educational credentials by said institution, indicating that said course or courses of instruction or study have been satisfactorily completed by said student.

"GA1978.1.1578">

(vi) That adequate records are maintained by the institution to show attendance, progress, or grades, and that satisfactory standards are enforced relating to attendance, progress, and performance. (vii) That the institution is maintained and operated in compliance with all pertinent ordinances and laws, including rules and regulations adopted pursuant thereto, relative to the safety and health of all persons upon the premises. (viii) That the institution is financially sound and capable of fulfilling its commitments to students. (ix) That neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair. (x) That the chief executive officer, trustees, directors, owners, administrators, supervisors, staff, and instructors are of good reputation and character. (xi) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate. (xii) That the institution has a fair and equitable cancellation and refund policy. (2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a postsecondary educational institution or institutions which meet the minimum standards established in this Section and the criteria established under Section 4 of this Act. (b) Accreditation by national or regional accrediting agencies recognized by the United States Office of Education may be accepted by the Board as evidence of compliance with the minimum standards established hereunder and the criteria to be established under Section 4 of this Act but the Board may require such further evidence and make such further investigation as in its judgment may be necessary. Accreditation by a recognized, specialized accrediting

"GA1978.1.1579">

agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by such agency if the institution as a whole is not accredited. Section 6. Prohibition. Except as otherwise provided by Section 22 of this Act, no person, agent, group, or entity of whatever kind, alone or in concert with others, shall: (a) Operate in this State a postsecondary educational institution not exempted from the provisions of this Act, unless said institution has a currently valid authorization to operate issued pursuant to the provisions of this Act. (b) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from the provisions of this Act, whether such institution is within or outside this State, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to the provisions of this Act, or accept contracts or enrollment applications from an agent who does not have a current permit as required by this Act but the Board may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit. (c) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this State, whether such person, agent, group, or entity is located within or without this State, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in subsection (a) of Section 5 of this Act, the criteria established by the Board pursuant to paragraph (1) of subsection (b) of Section 4 of this Act, and the rules and regulations adopted by the Board pursuant to paragraph (6) of subsection (b) of Section 4 of this Act. (d) Use the term university or college without authorization to do so from the Board. (e) Grant, or offer to grant, educational credentials, without authorization to do so from the Board.

"GA1978.1.1580">

Section 7. Authorization to Operate. (a) Each postsecondary educational institution desiring to operate in this State shall make application to the Board, upon forms to be provided by the Board. Said application shall be accompanied by a catalog or brochure published, or proposed to be published by the institution, containing the information specified in subparagraph (iv) of paragraph (1) of subsection (a) of Section 5 of this Act, including information required by rules and regulations of the Board. Said application shall also be accompanied by evidence of a surety bond as required by Section 14 of this Act, and payment of the fees specified in Section 15 of this Act. (b) Following review of such application and any further information submitted by the applicant, or required by the Board, and such investigation of the applicant as the Board may deem necessary or appropriate, the Board shall either grant or deny authorization to operate to the applicant. A grant of authorization to operate may be on such terms and conditions as the Board may specify. (c) The authorization to operate shall be in a form recommended and approved by the Board and shall state in clear and conspicuous manner at least the following information: (1) The date of issuance, effective date, and term of approval. (2) The correct name and address of the institution so authorized. (3) The authority for approval and conditions thereof. (4) Any limitation of the authorization, as deemed necessary by the Board. (d) The term for which authorization is given shall not extend for more than one year, and may be issued for a lesser period of time. (e) The authorization to operate shall be issued to the owner, or governing body, of the applicant institution, and shall be nontransferable. In the event of a change in ownership of the institution, a new owner, or governing body, must, within 10 days after the

"GA1978.1.1581">

change in ownership, apply for a new authorization to operate, and in the event of failure to do so, the institution's authorization to operate shall terminate. Application for a new authorization to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Section 9 of this Act, be deemed an application for renewal of the institution's authorization to operate. Ownership for purposes of this Section shall be deemed to mean ownership of a controlling interest in the institution, or in the event the institution is owned or controlled by a corporation or other legal entity other than a natural person or persons, ownership of a controlling interest in the legal entity owning or controlling such institution. (f) At least 60 days prior to the expiration of an authorization to operate, the institution shall complete and file with the Board an application form for renewal of its authorization to operate. Said renewal application shall be reviewed and acted upon as provided hereinabove. (g) An institution not yet in operation when its application for authorization to operate is filed may not begin operation until receipt of authorization. An institution in operation when its application for authorization to operate is filed may continue operation until its application is acted upon by the Board, and thereupon its authority to operate shall be governed by the action of the Board. In any event, the Board may issue provisional authorization to operate, containing such limitations as to time, procedures, functions, or other conditions as the Board may deem necessary. Section 8. Permits of Agents. (a) Each person desiring to solicit or perform the services of an agent, as herein defined, in this State, shall make application to the Board, upon forms to be provided by said Board. Said application shall be accompanied by evidence of the good reputation and character of the applicant, in a form to be prescribed by the Board, and shall state the institution or institutions which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent's permit for each institution represented but when an agent represents institutions having a common ownership, only one agent's permit shall be required with respect to said institutions. In the event any institution which the applicant intends to represent does not have authorization to operate in this State, said application shall be accompanied

"GA1978.1.1582">

by the information required of institutions making application for such authorization. Said application for an agent's permit shall also be accompanied by evidence of a surety bond as required by Section 14 of this Act, and payment of the fees specified by Section 15 of this Act. (b) Following review of such application and any further information submitted by the applicant, or required by the Board, and such investigation of the applicant as the Board may deem necessary or appropriate, the Board shall either grant or deny an agent's permit to the applicant. (c) The agent's permit shall be in a form recommended and approved by the Board and shall state in a clear and conspicuous manner at least the following information: (1) The date of issuance, effective date, and term. (2) The correct name and address of the agent. (3) The institution or institutions which such agent is authorized to represent. (d) The term for which an agent's permit is issued shall not extend for more than one year and may be issued for a lesser period of time. (e) At least 60 days prior to the expiration of an agent's permit, the agent shall complete and file with the Board an application form for renewal of said permit. Said renewal application shall be reviewed and acted upon as provided hereinabove. Section 9. Denial of Authorization to Operate or Permits of Agents. (a) If the Board, upon review and consideration of an application for authorization to operate, or for an agent's permit, or for renewal thereof, shall determine that the applicant fails to meet the criteria established as provided in this Act, the Board shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application. (b) The Board may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may

"GA1978.1.1583">

eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the Board its or his desire to meet the requirements of Section 5 of this Act and the criteria established pursuant to Section 4 of this Act, and if in the judgment of the Board, it would be reasonably possible for the applicant to meet said requirements and criteria within such time. (c) In the event the Board denies an application for an agent's permit, or for renewal thereof, it shall notify the institution or institutions which said agent represented or proposed to represent, according to the records of the Board, including the reasons therefor. Section 10. Board Review. (a) Any person aggrieved by a decision of the Board respecting denial of an authorization to operate, or of an agent's permit, or the placing of conditions thereon, whether on initial application or on application for renewal, and any person aggrieved by the imposition of a penalty by the Board under Section 17 of this Act, shall have the right to a hearing and review of such decision by the Board as provided herein. (b) If, upon written notification of any such action taken by the Board, the aggrieved party desires a hearing and review, such party shall notify the Board, in writing, within 10 days after the giving of notice of such action, otherwise said action shall be deemed final. (c) Upon receiving such notice from the aggrieved party, the Board shall fix the time and place for a hearing, and shall notify the aggrieved party thereof. (d) At such hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and present evidence in opposition or in extenuation. The hearing shall be conducted in accordance with the provisions of the Act known as the Georgia Administration Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. Any member of the Board may preside except where a clear conflict of interest may be demonstrated. (e) A decision of the Board following hearing, or on expiration of the time for demand of a hearing if no such demand is filed, shall be deemed final, subject to the right of judicial review provided for

"GA1978.1.1584">

by Section 13 of this Act. All matters presented by hearing as provided herein shall be acted upon promptly by the Board, and the Board shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing, and the appropriate rule, order, sanction, relief, or denial thereof. Section 11. Revocation of Authorization to Operate or Permits of Agents. (a) An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the Board has reasonable cause to believe that the holder of said authorization or permit has violated or is violating this Act or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the Board shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a hearing is requested, in writing, within 10 days of receipt of said notice, the Board shall set a time and place for a hearing at which the holder of the authorization or permit may be heard in response to the allegation of noncompliance with the provisions of this Act or rules and regulations promulgated pursuant thereto. (b) If a hearing is requested as aforesaid, such hearing shall be conducted as provided in subsection (d) of Section 10 of this Act, and the holder of the authorization or permit shall have the rights set forth therein. The decision of the Board shall be made as provided in subsection (e) of Section 10 of this Act, and shall be deemed final, subject to the right of judicial review provided for by Section 13 of this Act. In the event an agent's permit is revoked or condition imposed thereon, the Board shall notify the institution or institutions which said agent was permitted to represent, as shown in the records of the Board, in addition to the notice required to be given to the agent and any other parties to the hearing. Section 12. Complaints of Violations. (a) Any person claiming damage or loss as a result of any act or practice by a postsecondary educational institution or its agent, or both, which is a violation of this Act or of the rules and regulations promulgated pursuant thereto, may file with the Board a verified complaint against such institution or against its agent or both. The complaint shall set forth the alleged violation and shall contain such other information

"GA1978.1.1585">

as may be required by the Board. A complaint may also be filed with the Board by the Board or its representatives or by the Attorney General. A complainant may also file with the Board as a representative of a class of complainants. (b) The Board shall investigate any such complaint and may, at its discretion, attempt to effectuate a settlement by persuasion and conciliation. The Board may consider a complaint after 10 days' written notice by mail, return receipt requested, to such institution or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing shall be conducted in accordance with the provisions of the Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338) as now or hereafter amended. (c) If, upon all the evidence at a hearing, the Board shall find that a postsecondary educational institution or its agent, or both, has engaged in or is engaging in any act or practice which violates this Act or the rules and regulations promulgated pursuant thereto, the Board shall issue and cause to be served upon such institution or agent, or both, an order requiring such institution or agent, or both, to cease and desist from such act or practice. Additionally, if the Board shall find that the complainant, or class of complainants, has suffered loss or damage as a result of such act or practice, the Board may, at its discretion, award the complainant, or class of complainants, full or partial restitution for such damage or loss and may impose the penalties provided for in Section 17 of this Act. The Board may also, as appropriate, based on its own investigation or the evidence adduced at such hearing, or on the basis of such investigation and evidence, commence an action to revoke an institution's authorization to operate or an agent's permit. Section 13. Judicial Review. (a) Any person aggrieved or adversely affected by any final Board action, or by any penalty imposed by the Board, may obtain judicial review of such action as provided in this Section. (b) An action for judicial review may be commenced in any court of competent jurisdiction within 30 days after such Board action becomes effective.

"GA1978.1.1586">

(c) Upon a finding that irreparable injury would otherwise result, the Board, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor, and upon such terms and upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the Board's action or to preserve the rights of the parties pending conclusion of the review proceedings. (d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the Board, and the decision, findings and action of the Board. As to alleged procedural irregularities, evidence may be taken independently by the court. (e) If the court finds no error, it shall affirm the Board's action. If it finds that such action was arbitrary or capricious, a denial of statutory right, contrary to constitutional right, power, privilege or immunity, in excess of statutory jurisdiction, authority, purposes or limitation, not in accord with the procedures or procedural limitations of this Act, or otherwise required by law, an abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole, or otherwise contrary to law, then the court shall hold unlawful and set aside the Board action and afford such relief as may be appropriate. (f) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action. Section 14. Bonds Required. (a) At the time application is made for authorization to operate, or for renewal thereof, the Board shall require the postsecondary educational institution making such application to file with the Board a good and sufficient surety bond in such sum as determined by subsection (b) of this Section. Said bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this State. The bond shall be conditioned to provide indemnification to any student or enrollee or his parent or guardian, or class thereof, determined to have suffered loss or damage as a result of any act or practice which is a violation of this Act or of rules and regulations promulgated

"GA1978.1.1587">

pursuant thereto by said postsecondary educational institution, and that the bonding company shall pay any final, nonappealable judgment rendered by the Board or any court of this State having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous. (b) The minimum amount of the bond required by subsection (a) of this Section shall be based on the total maximum head count enrollment of the postsecondary educational institution during the previous year or on the estimated head count enrollment for the current year, whichever is larger, and shall be as follows: Maximum Enrollment Minimum Bond 0-50 $ 5,000 51-100 10,000 101-200 20,000 201-300 30,000 301-400 40,000 401 and over 50,000 (c) An application for an agent's permit shall be accompanied by a good and sufficient surety bond in a penal sum of $ 1,000.00. Said bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this State. The bond may be in blanket form to cover more than one agent for a postsecondary educational institution, but it shall cover each agent for said institution in a penal sum of $ 1,000.00. The bond shall be conditioned to provide indemnification to any student, enrollee, or his or her parents or guardian, or class thereof, determined to have suffered loss or damage as a result of any act or practice which is a violation of this Act by said agent, and that the bonding company shall pay any final, nonappealable judgment rendered by the Board or any court of this State having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum thereof. The bond may be continuous. (d) The surety bond to be filed hereunder shall cover the period of the authorization to operate or the agent's permit, as appropriate,

"GA1978.1.1588">

except when a surety shall be released as provided herein. A surety on any bond filed under the provisions of this Section may be released therefrom after such surety shall serve written notice thereof to the Board at least 30 days prior to said release; but said release shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student or enrollee or his parent or guardian for loss or damage resulting from any act or practice which is a violation of this Act alleged to have occurred while said bond was in effect, or for an institution's ceasing operations during the term for which tuition has been paid while said bond was in force. (e) Authorization for an institution to operate and an agent's permit shall be suspended by operation of law when said institution or agent is no longer covered by a surety bond as required by this Section but the Board shall cause said institution or agent, or both, to receive at least 30 days' written notice prior to the release of the surety, to the effect that said authorization or permit shall be suspended by operation of law until another surety bond shall be filed in the same manner and like amount as the bond being terminated. Section 15. Fees. All fees collected pursuant to the provisions of this Act shall be deposited in the State treasury to the credit of the general fund, and no fees collected under the provisions of this Act shall be subject to refund. The fees to be collected by the Board hereunder shall accompany an application for authorization to operate or an agent's permit, in accordance with the following schedule: (a) The initial application fee for postsecondary educational institutions shall be $500.00. (b) The annual renewal fee for a postsecondary educational institution shall be $100.00. (c) The initial fee for an agent's permit shall be $10.00. (d) The annual renewal fee for an agent's permit shall be $10.00. (e) The State of Georgia will pay transportation costs for the evaluation committee.

"GA1978.1.1589">

Section 16. Preservation of Records. In the event any postsecondary educational institution now or hereafter operating in this State proposes to discontinue its operation, the chief administrative officer, by whatever title designated, of such institution shall cause to be filed with the Board the original or legible true copies of all such academic records of such institution as may be specified by the Board. Such records shall include, at a minimum, such academic information as is customarily required by colleges when considering studnets for transfer or advanced study, and, as a separate document, the academic record of each former student. In the event it appears to the Board that any such records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid or otherwise made unavailable to the Board, the Board may, with court order, seize and take possession of such records, subject to the confidentiality accorded normal school records. The Board shall maintain or cause to be maintained a permanent file of such records coming into its possession. Section 17. Violations, Civil Penalty. Any person, group or entity or any owner, officer, agent or employee thereof, who shall violate the provisions of Section 6 of this Act, or who shall fail or refuse to deposit with the Board the records required by Section 16 of this Act, shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each day's failure to comply with the provisions of said Sections shall be a separate violation. Such fine may be imposed by the Board in an administrative proceeding or by any court of competent jurisdiction. Section 18. Violations, Criminal Penalty. Any person, group or entity or any owner, officer, agent or employee thereof, who shall willfully violate the provisions of Section 6 of this Act, or who shall willfully fail or refuse to deposit with the Board the records required by Section 16 of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Each day's failure to comply with the provisions of said Sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General of this State or a district attorney pursuant to Section 20 of this Act. Section 19. Jurisdiction of Courts; Service of Process. Any postsecondary educational institution not exempt from the provisions of

"GA1978.1.1590">

this Act, whether or not a resident of or having a place of business in this State, which instructs or educates, or offers to instruct or educate, enrolls or offers to enroll, contracts or offers to contract, to provide instructional or educational services in this State, whether such instruction or services are provided in person or by correspondence, to a resident of this State, or which offers to award or awards any educational credentials to a resident of this State, submits such institution, and, if a natural person, his personal representative, to the jurisdiction of the courts of this State, concerning any cause of action arising therefrom, and for the purpose of enforcement of this Act by injunction pursuant to Section 20 of this Act. Service of process upon any such institution subject to the jurisdiction of the courts of this State may be made by personally serving the summons upon the defendant within or outside this State, in the manner prescribed by the Georgia Civil Practice Act approved March 18, 1966 (Ga. Laws 1966, p. 609) as now or hereafter amended, with the same force and effect as if the summons had been personally served within this State. Nothing contained in this Section shall limit or affect the right to serve any process as prescribed by said Georgia Civil Practice Act. Section 20. Enforcement; Injunction. (a) The Attorney General of this State, or the district attorney of any judicial circuit in which a postsecondary educational institution or an agent thereof is found, at the request of the Board or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of the provisions of this Act. (b) Whenever it shall appear to the Board that any person, agent, group or entity is about to, or has been violating any of the provisions of this Act or any of the lawful rules, regulations or orders of the Board, the Board may, on its own motion or on the written complaint of any person, file a petition for injunction in the name of the Board in any court of competent jurisdiction in this State against such person, group or entity for the purpose of enjoining such violation or for an order directing compliance with the provisions of this Act, and all rules, regulations and orders issued pursuant thereto. It shall not be necessary that the Board allege or prove that it has no adequate remedy at law. The right of injunction provided in this Section shall be in addition to any other legal remedy which the Board has, and shall be in addition to any right of criminal prosecution provided by law but the Board shall not obtain

"GA1978.1.1591">

a temporary restraining order without notice to the person, group or entity affected. The existence of Board action with respect to alleged violations of this Act shall not operate as a bar to an action for injunctive relief pursuant to this Section. Section 21. Funding. The Board shall request funds for the administration of this Act, and the General Assembly shall appropriate such funds as deemed adequate and necessary. Section 22. Effective Dates. For the purpose of making the necessary preparations for the implementation of the provisions of this Act, this Act shall become effective on July 1, 1978, but for all other purposes this Act shall become effective on January 1, 1979. Section 23. Specific Law Repealed. Effective January 1, 1979, Section 7 of the Act establishing the State Board of Education, approved February 10, 1937 (Ga. Laws 1937, p. 864) which reads as follows: Section 7. The State Board of Education shall prescribe, by regulation, standard requirements for universities, colleges, normal or professional schools, conferring degrees or issuing diplomas in this State, and no charter granting the right to confer such degrees or diplomas shall be granted or issued until the applicants therefor have obtained from the State Board of Education a certificate showing that such requirements of the Board have been met., shall stand repealed in its entirety. Section 24. 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 25. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1592">

STATE PLANNING AND PROGRAMMING BUREAU ACT AMENDED. No. 1280 (House Bill No. 229). AN ACT To amend an Act creating the State Planning and Programming Bureau, approved March 31, 1967 (Ga. Laws 1967, p. 252), as amended, so as to change from $20.00 per day to $36.00 per day the per diem authorized for members of the advisory committee to the Bureau of Community Affairs in matters relating to area or multi-county planning and development; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Planning and Programming Bureau, approved March 31, 1967 (Ga. Laws 1967, p. 252), as amended, is hereby further amended by deleting subsection (c) of Section 5 in its entirety and substituting in lieu thereof the following: (c) To advise the Bureau of Community Affairs in matters relating to area or multi-county planning and development, the Governor shall appoint an advisory committee composed of one commission member recommended by each of the existing seventeen (17) area or multi-county planning and development commissions, and any such additional commissions as may hereafter exist. The members of the advisory committee shall receive thirty-six ($36.00) dollars per diem for each day in attendance at meetings of said committee, plus actual mileage expenses. Said meetings shall be limited in number to 12 per year unless one or more special meetings shall

"GA1978.1.1593">

be called by the Commissioner of Community Affairs. The members shall be compensated for their services on said advisory committee from the funds appropriated to or available to the area or multi-county planning and development commissions which they respectively represent. 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. 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 3, 1978. UNLAWFUL PRACTICES IN SALE, LEASE, ETC. OF HOUSING. No. 1281 (House Bill No. 279). AN ACT To prohibit discrimination in housing accommodations based on race, color, sex, religion or national origin; to provide for a declaration of policy; to provide definitions; to make certain acts relating to the sale or lease of housing accommodations unlawful; to provide

"GA1978.1.1594">

for exemptions; to provide for certain persons to be responsible for the acts of others; to provide for civil and criminal penalties; to provide for the right to give information; to provide for severability; to repeal an Act relating to certain unlawful practices by real estate brokers, approved March 24, 1970 (Ga. Laws 1970, p. 721); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of Policy. It is hereby declared to be the public policy of the State of Georgia, in the exercise of its police power for the general welfare and the public health and safety, to assure equal opportunity to all persons to live in decent housing accommodations and to prohibit discrimination because of race, color, sex, religion or national origin by any person in a transaction involving a housing accommodation. Section 2. Definitions. When used herein: (a) Housing accommodation means any improved property, including a mobile home unit, which is used or occupied, or is intended, arranged or designed to be used or occupied as a home or residence. (b) Person means any individual, firm, corporation, partnership or association. (c) Financial institution means any person engaged in the business of lending money, arranging for the loan of money or guaranteeing losses in the loan of money in connection with the purchase, sale, rental or lease of any housing accommodation. (d) Insurance company means any person engaged in the business of providing casualty or mortgage insurance to any person in connection with the ownership, possession, lease or occupancy of any housing accommodation. (e) Real estate broker means a real estate broker as defined in Code Chapter 84-14, relating to real estate brokers and salesmen, Code of Georgia of 1933, as amended.

"GA1978.1.1595">

(f) Real estate agent means a real estate agent as defined in Code Chapter 84-14, relating to real estate brokers and salesmen, Code of Georgia of 1933, as amended. (g) Owner means any person having the right of ownership or possession or the right to sell, rent or lease any housing accommodation and includes a lessee, cotenant, builder or agent thereof. Section 3. Unlawful Practices. In connection with the sale, purchase, offer to sell, offer to purchase, financing, offer to finance, lease or offer to lease of any housing accommodation within the State of Georgia, it shall be unlawful for any owner, financial institution, insurance company, real estate broker, real estate salesperson or any agent thereof: (a) to refuse to sell, purchase, rent or lease or to otherwise deny or withhold any housing accommodation from any person because of such person's race, color, sex, religion or national origin; or (b) to discriminate against a person because of such person's race, color, sex, religion or national origin in connection with the conditions or privileges of the sale, purchase, rental or lease of any housing accommodation, or in the furnishing of facilities, insurance coverage or service in connection therewith; or (c) to refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to any person because of such person's race, color, sex, religion or national origin; or (d) to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of such person's race, color, sex, religion or national origin; or (e) to represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any such housing accommodation because of the person's race, color, sex, religion or national origin; or (f) to make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice,

"GA1978.1.1596">

statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to make a discrimination based on a person's race, color, sex, religion or national origin; or (g) to offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease with the understanding that a person applying therefor may be subjected to discrimination based on such person's race, color, sex, religion or national origin in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith; or (h) to represent explicitly or implicitly, for the purpose of inducing or discouraging, or attempting to induce the sale, purchase, rental or lease, or the listing for any of the above, of any housing accommodation, that the presence or anticipated presence of persons of any particular race, color, sex, religion or national origin in the area to be affected by such sale, purchase, rental or lease will or may result in either: (1) the lowering of property values in the area, or (2) an increase in criminal or antisocial behavior in the area, or (3) a decline in the quality of the schools and other public services in the area, or (4) a material change in the racial, religious or ethnic composition of the area; or (i) to engage in, or hire to be done, or to conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the purpose of either discouraging or inducing, or attempting to induce, the sale, purchase, rental or lease, or the listing for any of the above, of any housing accommodation; or

"GA1978.1.1597">

(j) to retaliate or discriminate in any manner against a person because such person has opposed a practice declared unlawful by this Section, or because such person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing involving the provisions of this Act; or (k) to aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this Act, or to obstruct or prevent any person from complying with the provisions of this Act, or any order issued thereunder; or (l) otherwise to deny to or withhold from a person any housing accommodation because of such person's race, color, sex, religion or national origin; or (m) to intimidate or otherwise harass any person in the occupancy, ownership or leasing of any housing accommodation because of such person's race, color, sex, religion or national origin; or (n) to deny to any person applying therefor casualty or mortgage insurance coverage or a loan or other financial assistance for the purpose of purchasing, constructing, improving, repairing or maintaining a housing accommodation, or to discriminate against such person, directly or indirectly, in the fixing of the terms of coverage or cost of said insurance or the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, sex, religion or national origin of such person or of any person associated with such person in connection with such application for insurance or loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the housing accommodations in the relative area in which such housing accommodation is located; or (o) to deny to any real estate broker or salesperson access to or membership or participation in any multiple-listing service, real estate broker's organization, or other service, organization or facility relating to the business of selling or renting housing accommodations, or to discriminate against such person in the terms or conditions of such access, membership or participation because of race, color, sex, religion or national origin.

"GA1978.1.1598">

Section 4. Exemptions. The provisions of this Act shall not apply to any person who sells or offers to sell a housing accommodation and who does not use the services of a real estate broker or salesperson in connection therewith, and who is not engaged in the business of building, buying or selling housing accommodations. Further, the provisions of this Act shall not apply to the rental or lease of any housing units in a housing accommodation which is occupied as a residence by the owner or a member of the owner's family. Nothing in this Act shall prohibit a religious organization, association or society, or any nonprofit institution or organization operating, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons unless membership in such religion is restricted on account of race, color, sex or national origin. Section 5. Responsibility for Acts of Others. A real estate broker, real estate salesperson, financial institution or insurance company shall be responsible for the acts of its agents, salespersons or employees, and shall be deemed to have violated this Act if its agents, salespersons or employees are found to be in violation hereof; provided, however, no principal or employer shall be deemed to have violated this Act if it shall be shown that (1) the act of the agent, salesperson or employee was contrary to the instructions of such principal or employer; and (2) that the principal or employer did not ratify the act of the agent, salesperson or employee. Section 6. Penalties for Violation. (a) Any person convicted of violating any provision of this Act shall be guilty of a misdemeanor for each such violation. (b) If a real estate broker, real estate salesperson or an employee thereof is found to be in violation of this Act, the Georgia Real Estate Commission, upon receipt of notification from a court of law, may suspend the license of said real estate broker or salesperson for a period of not less than ninety days nor more than five years and may, in an appropriate case, revoke said license. Section 7. Civil Liabilities. (a) Any person aggrieved by the actions of any real estate dealer or broker, lender, insurer or their agents or employees or anyone coming under the provisions of this

"GA1978.1.1599">

Act, by acts committed by such persons in violation of Section 3 of this Act, may institute a civil action against such persons in any court of record in this State having jurisdiction over the defendant. Any such civil action must be brought within one hundred and eighty days after the alleged act or action occurred. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney's fees in the case of a prevailing plaintiff: Provided, that the said plaintiff in the opinion of the court is not financially able to assume said attorney's fees. Section 8. Right to Own Property. The right to own property and enjoy it shall remain inviolate and nothing herein shall be construed to prevent an owner from disposing of his property as he sees fit under the law. Any person accused under this statute shall have a trial by jury. Section 9. Right to Give Information. Any real estate dealer or broker, lender, insurer or their agents or employees or anyone coming under the provisions of this Act shall not be prohibited by anything herein contained from answering truthfully any questions of any prospective buyer or seller of any housing accommodation, whom such person serves as an agent, concerning any matters which, in the opinion of such person, may affect such prospective buyer's or seller's decision to buy or sell. Section 10. 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 11. Specific Repealer. An Act relating to certain unlawful practices by real estate brokers, approved March 24, 1970 (Ga.

"GA1978.1.1600">

Laws 1970, p. 721), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1154), is hereby repealed in its entirety. Section 12. Effective Date. The provisions of this Act shall become effective July 1, 1977. Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA CIVIL DEFENSE ACT OF 1951 AMENDED. No. 1282 (House Bill No. 458). AN ACT To amend an Act known as the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 74), an Act approved March 21, 1974 (Ga. Laws 1974, p. 558) and an Act approved April 7, 1976 (Ga. Laws 1976, p. 1590), so as to provide that no marine rescue squadron sponsored by and operating under the direction and control of the sheriff of the superior court of the county of residence of said squadron, and which performs only water or boat rescue missions within the State of Georgia, shall be deemed to be a governmental rescue organization which qualifies for exemption from the licensing requirements 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 Civil Defense Act of 1951, approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga.

"GA1978.1.1601">

Laws 1973, p. 74), an Act approved March 21, 1974 (Ga. Laws 1974, p. 558) and an Act approved April 7, 1976 (Ga. Laws 1976, p. 1590), is hereby amended by striking subsection (b) of Section 27 in its entirety and inserting in lieu thereof a new subsection (b) of Section 27, to read as follows: (b) Any marine rescue squadron sponsored by and operating under the direction and control of the sheriff of the superior court of the county of residence of said squadron and chartered as a Marine Rescue Squadron of America which was so chartered on January 1, 1960, or prior to that date, and which performs only water or boat safety rescue missions within the State of Georgia, shall be deemed to be a governmental rescue organization within the meaning of subsection (a) hereof and need not be licensed by the State Director of Civil Defense as provided by said subsection. Section 2. 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 3, 1978. RULES OF ROADDEVICES WHICH IMPAIR HEARING OR VISION. Code Section 68A-1112 Amended. No. 1283 (House Bill No. 512). AN ACT To amend Code Chapter 68A-11, relating to miscellaneous rules of the road, as amended, so as to provide that no person shall operate

"GA1978.1.1602">

a motor vehicle while wearing certain devices; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 68A-11, relating to miscellaneous rules of the road, as amended, is hereby amended by adding at the end of said Code Chapter a new Code Section to be designated Code Section 68A-1112, to read as follows: 68A-1112. Wearing certain devices prohibited. No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear nor shall any person wear any device while operating a motor vehicle which impairs such person's vision. The provisions of this Section shall not apply to hearing aids or instruments for the improvement of defective human hearing, glasses or sunglasses. The provisions of this Section shall not apply to any law enforcement officer equipped with any communications device necessary in the performance of his duties. Section 2. An Act entitled An Act to amend an Act known as the `Uniform Act Regulating Traffic on Highways', approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 14, 1967 (Ga. Laws 1967, p. 542), so as to provide that no person shall operate a motor vehicle while wearing certain devices; to repeal conflicting laws; and for other purposes., approved March 28, 1974 (Ga. Laws 1974, p. 1137), is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1603">

REVENUEINSPECTION OF CERTAIN TAX RETURNS PERMITTED. Code Section 92-5910 Amended. No. 1284 (House Bill No. 548). AN ACT To amend Code Chapter 92-59, relating to time, manner, and subject of returns to be made to the State Revenue Commissioner, as amended, so as to provide that all returns of certain taxpayers required to be made to the State Revenue Commissioner and related documents shall be made available for public inspection under certain circumstances; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-59, relating to time, manner, and subject of returns to be made to the State Revenue Commissioner, as amended, is hereby amended by adding a new Section at the end thereof, to be designated Code Section 92-5910, to read as follows: 92-5910. Returns to be made available for public inspection. Every return made to the State Revenue Commissioner by any person, company or corporation required to make returns of the value of its properties and franchises to the State Revenue Commissioner under the provisions of Sections 92-2301 through 92-2309, 92-5901 or 92-5902, and every document used to arrive at evaluation with the exception of income tax returns, within the custody of the commissioner or the Department of Revenue, shall be made available for public inspection, upon the request of any interested person, at a reasonable time and accessible place to be reasonably determined by the commissioner. It is the intent of this Section to make such returns and documents easily and readily available for public inspection and the discretion of the commissioner shall be exercised accordingly. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1604">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. REVENUEREPORTS OF ASSESSMENTS AND ARBITRATION, ETC. Code Section 92-6010 Amended. No. 1285 (House Bill No. 549). AN ACT To amend Code Chapter 92-60, relating to assessments and arbitration to correct returns, as amended, so as to require the State Revenue Commissioner to make a report to the local board of tax assessors with respect to the return to the State Revenue Commissioner of property located within the county; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-60, relating to assessments and arbitration to correct returns, as amended, is hereby amended by adding a new Section at the end thereof, to be designated Code Section 92-6010, to read as follows: 92-6010. Report to local board of tax assessors; utility property within county. (a) Not less than once in each year the State Revenue Commissioner shall make a report to the board of tax assessors in each county as to the return of property located within the county for purposes of ad valorem taxation by each person, company and corporation required to make returns of the value of its properties and franchises to the State Revenue Commissioner

"GA1978.1.1605">

under the provisions of Sections 92-2301 through 92-2309, 92-5901 or 92-5902. Each such report shall be itemized by public utility and by the parcel of real property or type of personal property returned and shall specify clearly the value returned by the utility for each such parcel of real property or type of personal property, together with any change as to such value made by the commissioner, by the State Board of Equalization or, where appropriate, by both. (b) A copy of each report made under the provisions of this Section shall be reasonably available for public inspection at the office of the local board of tax assessors and at the office of the State Revenue Commissioner or at such other reasonably accessible place within the headquarters building of the Department of Revenue as may be designated by the commissioner. Section 2. This Act shall become effective December 31, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. WILLS AND ADMINISTRATION OF ESTATESNOTICE OF MOTION FOR PROBATE IN SOLEMN FORM. Code Section 113-607 Amended. No. 1286 (House Bill No. 574). AN ACT To amend Code Section 113-607, relating to notice of motion for probate in solemn form, as amended, so as to provide for notice

"GA1978.1.1606">

when the residence or abiding place of a nonresident to be notified is known and when a known party resides without the State under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign state; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 113-607, relating to notice of motion for probate in solemn form, as amended, is hereby amended by striking subsection (b) thereof in its entirety, and inserting in lieu thereof a new subsection (b), to read as follows: (b) Where the residence or abiding place of a nonresident to be notified is known or if a known party resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign state, the propounder shall file in the court a copy of the notice which is to be published, and, thereupon, it shall be the duty of the clerk of the probate court, if there be one other than the judge of the probate court, and if not, then the duty of the judge of the probate court, as clerk of the court, within three days after the first publication of said notice in such newspaper, to direct, stamp, and mail a copy or duplicate of the notice contained in the newspaper, or a statement reproducing the entire contents of the notice contained in the newspaper, to the party to be notified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1607">

LICENSES TO CARRY PISTOLS. Code Section 26-2904 Amended. No. 1287 (House Bill No. 575). AN ACT To amend Code Section 26-2904, relating to licenses to carry pistols, so as to provide for the taking of two sets of fingerprints of the applicant; to provide for a fee for the services of a law enforcement agency in relation to the application; to extend the time within which certain actions are to be taken; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-2904, relating to licenses to carry pistols, is hereby amended by striking in its entirety the last paragraph of subsection (a) and substituting in lieu thereof the following: If an individual has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his application it shall be at the discretion of the probate judge considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient to issue the license. Following completion of the application the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make two sets of classifiable fingerprints of such applicant for a license to carry a pistol or revolver, and shall also place the fingerprint required by subsection (d) on a blank license from which has been furnished to the law enforcement agency by the judge of the probate court and shall place the name of the applicant on such blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for their services in connection with the application. Section 2. Said Code Section is further amended by striking from subsection (b) the following:

"GA1978.1.1608">

20 and thirty, and substituting in lieu thereof the following: 50 and 60, so that when so amended, said subsection (b) shall read as follows: (b) Each law enforcement agency, upon receiving such applications and obtaining such fingerprints, shall promptly conduct a thorough search of their records and records to which they have access, and shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his eligibility for a license under the terms of this Section. When no derogatory information is found on the applicant bearing on his eligibility to obtain a license, a report shall not be required. The law enforcement agency shall return the application and the blank license from with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications and is of good moral character and has complied with all the requirements contained herein. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1609">

MOTOR CARRIERSREGISTRATION CARDS, ETC. No. 1288 (House Bill No. 579). AN ACT To amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, approved March 21, 1968 (Ga. Laws 1968, p. 360), as amended, so as to provide for fees and temporary permits; to provide for registration cards and identification markers; 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 relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, approved March 21, 1968 (Ga. Laws 1968, p. 360), as amended, is hereby amended by striking Section 9 of said Act in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Registration cards, vehicle identifications, fees, temporary permits and temporary authorizations.(a) No motor carrier shall operate or cause to be operated in this State any vehicle listed or described in Section 92-1401 (a) of this Chapter, unless otherwise excluded from the scope of this Act, unless and until he has: (1) Registered with the Commissioner and secured a motor carrier registration card. Such registration card shall be of such form and design as the Commissioner may prescribe and a duplicate copy of the registration card shall be carried in each vehicle at all times when in this State. (2) Secured from the Commissioner an identification marker for each vehicle. Such identification marker shall be of such form and design as the Commissioner may prescribe and shall be attached or affixed to the vehicle in the place and manner prescribed by the Commissioner so that the same is clearly displayed at all times.

"GA1978.1.1610">

(b) The registration cards and identification markers shall be issued on an annual basis as of January 1st of each year and shall be valid through the next succeeding December 31st. The Commissioner, in his discretion, may authorize renewal of registration cards and identification markers without the necessity of issuing new cards and markers. All registration cards and identification markers issued by the Commissioner shall remain the property of the State and may be recalled for any violation of the provisions of this Act or of the regulations promulgated thereunder. The Commissioner shall not issue a registration card or an identification marker to any motor carrier who has outstanding motor carrier, motor fuel, sales or income tax liabilities to this State unless such liabilities are being appealed as provided by law. (c) There shall be paid to the Commissioner a fee of one dollar ($1.00) for the cost of issuing each identification marker and no identification marker shall be issued unless the applicant pays such fee upon making application for the identification marker. Upon application for identification markers by a motor carrier, said applicant shall declare the type of fuel used in vehicles for which identification markers are to be issued and any other information that the Commissioner may require for the effective administration of the laws of this State. (d) In an emergency, the Commissioner, by facsimile message or letter may authorize a vehicle to be operated without a registration card and identification marker for a period not in excess of thirty (30) days. (e) A motor carrier may obtain a temporary permit which shall be good for one motor vehicle for a period of ten (10) consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits are to be obtained by motor carriers having only infrequent trips into and through the State. The fee for such permit shall be sixteen dollars ($16.00) and no reports shall be required of such motor carriers. Temporary permits shall be issued in lieu of annual registration required under this Act. Such temporary permit shall be carried in the vehicle for which it was issued at all times when the vehicle is in this State. The Commissioner may issue a temporary permit by facsimile message or letter.

"GA1978.1.1611">

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 on November 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. JURIESREVISION OF JURY LISTS. Code Section 59-106 Amended. No. 1289 (House Bill No. 627). AN ACT To amend Code Section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 484), and an Act approved March 16, 1976 (Ga. Laws 1976, p. 438), so as to provide a maximum number of jurors to be selected for eligibility to serve as grand jurors in any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic

"GA1978.1.1612">

means; to provide for a minimum percentage of the whole number of registered voters as jurors; to provide for a minimum and a maximum of the whole number of the selected jurors to serve as grand jurors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 484), and an Act approved March 16, 1976 (Ga. Laws 1976, p. 438), is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof, the following: 59-106. Revision of jury lists; selection of grand and traverse jurors.At least biennially, or, if the senior judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile and maintain and revise a jury list of intelligent and upright citizens of the county to serve as jurors. In composing such list the commissioners shall select a fairly representative cross section of at least 50% of the intelligent and upright citizens of the county from the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county, they shall supplement such list by going out into the county and personally acquainting themselves with other citizens of the county, including intelligent and upright citizens of any significantly identifiable group in the county which may not be fairly representative thereon. After selecting the citizens to serve as jurors, the jury commissioners shall select from the jury list a sufficient number of the most experienced, intelligent and upright citizens, not exceeding two-fifths of the whole number, to serve as grand jurors. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, except as otherwise provided herein, and no new names shall be added until those names originally selected have been completely exhausted, except when a name which has already been drawn for the same term as a grand juror shall also be drawn as a traverse juror,

"GA1978.1.1613">

such name shall be returned to the box and another drawn in its stead. Provided, however, in any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with subsection (e) of Code Section 59-108, the board of jury commissioners shall compile and maintain a jury list of all the intelligent and upright citizens of the county who are otherwise qualified to serve as jurors. The approved jury list may be taken from the registered voters' list of the county as most recently revised by the county board of registrars or other county election officials and from any other source approved by the board of jury commissioners. After selecting the citizens to serve as jurors, the board of jury commissioners shall select from the jury list any number of the most experienced, intelligent, and upright citizens, not less than one-third of the whole number, but not to exceed 5,000 jurors, to serve as grand jurors. Once the jury list is established, the board of jury commissioners may add new names to the lists, correct names and addresses within the lists, and eliminate names from the lists by reason of death or legal cause from time to time. The list so established shall become the permanent jury box. The information contained thereon shall be stored in a security data processing storage bank from which all juries in the county shall be selected by the judges designated by law to draw the traverse juries or grand juries. The computer shall be programmed to scan the entire list at each panel selection of traverse jurors and grand jurors under the formula and plan adopted by the court pursuant to Code Section 59-109. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1614">

PROTECTION OF SURVEY MONUMENTS. No. 1290 (House Bill No. 731). AN ACT To provide for the protection of survey monuments; to provide for definitions; to prohibit the willful removal, destruction, injury or displacement of monuments; to provide for practices and procedures; to provide for penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act: (a) Geodetic control monuments means those survey monuments which are established by federal, State, local and private agencies, the position of which on the earth's surface has been fixed by high-order surveying and computation for use by surveyors and engineers in the extension of geodetic position to property corners, improvements to property, utility systems, streets and highways, and such other objects and things as may be located by surveying. Such monuments may be in the form of metal discs set in concrete, rock or metal, or other fixed permanent object, the position thereof having been published by the agency having established said monument, and available to the public as well as to land surveyors and engineers for public use. (b) Property corner monuments means those survey monuments which are established to identify property corners, the location and description of which are made a part of any plat or any instrument pertaining to real property filed in the office of the superior court of any county of this State. Said survey monuments may be any permanent or semipermanent objects or any live or dead plant material, including, but not limited to, iron or steel pipes, bars

"GA1978.1.1615">

or rods, concrete markers, including highway right-of-way markers, stone or rock, whether natural or erected, trees, stumps, stakes, marks, including those made on trees, stones, rocks, concrete or metal, and such other monuments as may be described in said plats and instruments of record. Section 2. It shall be unlawful for any person to willfully knowingly remove, destroy, injure or displace any geodetic control monument or property corner monument except under the authority of the agency which originally set the monument or, in the case of a property corner monument, under the authority of a registered land surveyor or duly elected or appointed county surveyor having the written permission of all landowners who are parties to said property corner monument. The record of any such change shall be published, in the case of a geodetic control monument, or filed for record in the office of the clerk of the superior court in the county in which the monument is located, in the case of a property corner monument. Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 nor more than $500, or may be punished by imprisonment for not less than 30 nor more than 60 days, or both. 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 3, 1978.

"GA1978.1.1616">

RECORDING OF MAPS, PLATS, ETC. BY CLERKS OF SUPERIOR COURT. No. 1291 (House Bill No. 732). AN ACT To regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums; to prescribe conditions under which such maps or plats shall be entitled to record; to define the duties of the clerks of the superior courts with reference thereto; to provide for enforcement; to provide for the publication of a manual of practice for land surveying and mapping; to repeal a specific Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the superior court shall file and record, in the office of said clerk, maps or plats relating to real estate in said county. Such maps or plats shall be prepared in accordance with the following minimum standards and specifications; however, the language contained herein does not in any way modify or change any specific provisions in county, municipal or other State statutes and regulations which require higher minimum standards and specifications, in which case said specific provisions shall govern. (a) MATERIALAny such maps or plats shall be a good legible print, blue, white or other commercial print reproduced from a tracing made in India ink on a commercial grade of tracing cloth, tracing film, or tracing paper. The minimum line widths and letter and/or character heights delineated on such maps or plats shall be as follows: (1) Maps or plats drawn on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter and/or character height of 0.080 inches. (2) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter and/or character height of 0.090 inches.

"GA1978.1.1617">

(3) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter and/or character height of 0.090 inches. In counties using microfilming procedures when a map or plat is filed for record the original tracing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible print, which shall not be larger than 17 inches by 22 inches, shall be filed for record. The clerk shall enter filing date, plat book number, and page number on said original tracing and return said tracing to the Land Surveyor or the person filing same for record. (b) CAPTIONThe maps or plats shall have a title or name which shall be contained in the caption, and said caption shall also provide the following information: (1) County, city, town or village, land district and land lot. If the property lies within a particular subdivision, the subdivision shall also be given; (2) The date of plat preparation; (3) The scale, stated and shown graphically; (4) The name of the land surveyor and his registration number or the statement that he is the county surveyor and is not required by law to be a registered surveyor. (c) SIZESaid maps or plats shall not be less than 8 1/2 inches by 11 inches and not larger than can be recorded without folding. (d) DATASaid maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information: (1) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the said boundary point from said point of reference with the same degree of accuracy required of the parcel surveyed.

"GA1978.1.1618">

Said point of reference shall be an established, monumented position which can be identified or relocated from maps, plats or other documents on public record. (2) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines or angles at all corners and angle points of the boundary or lot lines, and distances of all boundary or lot lines and area of the parcels expressed in acres and/or square feet. (3) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur; and a statement as to the method of adjustment: the closure may be stated as follows: The field data upon which this map or plat is based has a closure precision of one foot in..... feet and an angular error of..... per angle point, and was adjusted using..... rule. (4) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows: This map or plat has been calculated for closure and is found to be accurate within one foot in..... feet. (5) All maps or plats shall show the width and the former widths, if pertinent, of all rights-of-ways adjacent to or crossing the property, or adjacent to any point of reference. (6) All maps or plats shall show easements and apparent encroachments, if pertinent. (7) In the case of curved lines, pertinent data must be given for regular curves. Chord distances and directions shall be given for irregular curves. (8) All land lot lines, land district lines, land section lines, and city and county boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures.

"GA1978.1.1619">

(9) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete or stone. (10) An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to Magnetic North, Astronomic North, or Grid North. A Grid North reference shall indicate the zone. (11) All linear distances shown on maps or plats shall be horizontal. (12) All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5000 the angular directions shall be represented in degrees, minutes and seconds. All angular directions shall be referenced to the principal meridian. (13) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of said map or plat. (14) All maps or plats shall show the State Plane Coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon. Section 2. The clerk of each superior court shall provide appropriate binders, not less than 18 inches by 24 inches in size, in which said maps or plats, or prints thereof are to be placed, without the necessity of folding in any manner. One of said binders and the prints therein contained shall be open to the general public for inspection, as all other public records in the clerk's office; or, in those counties using microfilm procedures, the clerk thereof shall take such steps as necessary to provide access to the same information as hereinbefore prescribed in this Section. The clerk of the superior court of each county shall also provide himself with an appropriate index book in which he must index all such maps or plats under the caption or name of the subdivision, if any, under the name of the

"GA1978.1.1620">

owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the State which has been surveyed into land lots and districts. In counties of this State that are divided into land lots the clerk of court shall maintain a record for each individual land lot by listing all surveys made and where recorded for each lot. The clerk is to note the date and time of filing a plat for record on the face of the plat. Section 3. An Act regulating the preparation, contents and recording of maps or plats of survey of tracts or bodies of land, approved March 24, 1933 (Ga. Laws 1933, p. 193), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 3196), an Act approved March 6, 1961 (Ga. Laws 1961, p. 105), an Act approved March 6, 1962 (Ga. Laws 1962, p. 632), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3385), is hereby repealed in its entirety. Section 4. Failure to meet the requirements of this Act or the recording of an improper plat by the clerk shall not, in and of itself, affect or invalidate any legal description or legal instrument based on such plat. Section 5. Nothing in this Act shall be deemed to invalidate any map or plat made prior to the ratification of this Act nor shall anything in this Act be deemed to require the clerk of the court to prepare or maintain a record of each individual land lot for any plat of survey recorded in the clerk's office prior to the effective date of this Act. Section 6. If any Section, subsection, sentence, clause, phrase or provision of this Act is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portion of this Act shall not be affected thereby, it being the intent of the General Assembly in adopting this Act that no portion hereof or provision contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any other Section, subsection, sentence, clause, phrase or provision of this Act. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1621">

CRIMINAL PROCEDUREFIRST OFFENDER ACT AMENDED. No. 1292 (House Bill No. 758). AN ACT To amend an Act providing that persons accused of a crime who have not been previously convicted of a felony, with their consent, be placed on probation after a finding but before adjudication of guilt, approved March 18, 1968 (Ga. Laws 1968, p. 324), so as to provide for the forwarding of records of discharge and exoneration to certain agencies; to provide that such discharge is not a conviction of a crime and to provide for the effect of such discharge; to provide for the release of the record of such discharge to certain persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that persons accused of a crime who have not been previously convicted of a felony, with their consent, be placed on probation after a finding but before adjudication of guilt, approved March 18, 1968 (Ga. Laws 1968, p. 324), is hereby amended by striking from Section 2 the following: office of the State Probation System and to the Identification Division of the Federal Bureau of Investigation., and inserting in lieu thereof the following: Georgia Crime Information Center. Without request of the offender, a record of discharge and exoneration, as above provided, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation shall have

"GA1978.1.1622">

been previously forwarded to the office of the State Probation System, the Georgia Crime Information Center and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of such offender has not been forwarded as above provided, upon request of the offender or his attorney or representative such record of the same shall be forwarded by the clerk of court so as to reflect such discharge and exoneration., so that when so amended, Section 2 shall read as follows: Section 2. Upon fulfillment of the terms of probation, or upon release by the court prior to the termination of the period thereof, the defendant shall be discharged without court adjudication of guilt. Such discharge shall completely exonerate the defendant of any criminal purpose, shall not affect any civil right or liberties, and he shall not be considered to have a criminal conviction. Should a person be placed under probation under this Act, a record of the same shall be forwarded to the Georgia Crime Information Center. Without request of the offender, a record of discharge and exoneration, as above provided, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation shall have been previously forwarded to the office of the State Probation System, the Georgia Crime Information Center and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of such offender has not been forwarded as above provided, upon request of the offender or his attorney or representative such record of the same shall be forwarded by the clerk of court so as to reflect such discharge and exoneration. Section 2. Said Act is further amended by adding following Section 2 a new Section to be designated Section 2A, to read as follows: Section 2A. Except as otherwise provided in this Act, a discharge under the provisions of this Act is not a conviction of a crime under the laws of this State and may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector.

"GA1978.1.1623">

Section 3. Said Act is further amended by adding at the end of Section 4, the following: The record of discharge shall be released solely to the Attorney General, a district attorney, a solicitor of a State court, the office of the State Probation System, the office of a County Probation System, or a state or county probation system of another state or of the United States, an office of the State Board of Pardons and Paroles, or an office of the pardons and paroles division of another state or of the United States, or a prosecuting attorney of another state or of the United States upon certification by such probation system or prosecuting attorney that there are pending in a court of competent jurisdiction criminal charges against any person discharged under the provisions of this Act., so that when so amended, Section 4 shall read as follows: Section 4. If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, such prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this Act. The record of discharge shall be released solely to the Attorney General, a district attorney, a solicitor of a State court, the office of the State Probation System, the office of a County Probation System, or a state or county probation system of another state or of the United States, an office of the State Board of Pardons and Paroles, or an office of the pardons and paroles division of another state or of the United States, or a prosecuting attorney of another state or of the United States upon certification by such probation system or prosecuting attorney that there are pending in a court of competent jurisdiction criminal charges against any person discharged under the provisions of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1624">

GEORGIA BLASTING STANDARDS ACT OF 1978. No. 1293 (House Bill No. 824). AN ACT To establish standards for the use of explosives in blasting operations; to provide for a short title; to define certain terms; to provide for the regulation of the use of explosives by the Safety Fire Commissioner; to require records of blasting operations; to authorize emergency variations from requirements; to not prohibit the use of explosives by counties and municipalities; to provide for other matters relative to the foregoing; to provide for penalties; to provide for time limitations on obtaining registration certificates and identification cards; to provide for revocation of blaster's registration certificates; to provide for enforcement; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Georgia Blasting Standards Act of 1978. Section 2. Definitions. As used in this Act unless the context otherwise requires: (a) Explosives means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units or other ingredients in such proportions or quantities that ignition by fire, by friction, by concussion, by percussion or by detonator may produce an explosion capable of causing injury to persons or damage to property. (b) Blasting operation means the use of explosives in the blasting of stone, rock, ore or any other natural formation, or in any construction or demolition work but shall not include its use in agricultural operations and private and personal use in remote areas for such operations as ditching, land clearing, destruction of beaver dams and other such operations when not in the close proximity of adjacent property. The provisions of this Act, in any event, shall not apply to any blasting operation where the charge weight is 200 pounds or less.

"GA1978.1.1625">

(c) Blaster means a person qualified by reason of training, knowledge or experience to fire or detonate explosives in blasting operations and has in his possession a valid blaster's license issued by the Commissioner. (d) Person means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or other entity whatsoever. (e) Delay initiation means the detonation of subcharge of explosives in predetermined sequence, which is accomplished by using regular or short period delay electric blasting caps or other means of equivalent effectiveness. (f) Delay period means the time interval in milliseconds (eight [8] milliseconds or greater) between successive detonations of subchargers produced by the delay devices used. (g) Distance means the actual distance in feet along ground contour to the nearest house, public building, school, church, commercial or institutional building normally occupied. (h) Charge weight means the total weight in pounds of an explosive charge. (i) Charge weight per delay means the weight in pounds of an explosive charge that is detonated per delay period for delay intervals of eight (8) milliseconds or greater, or the total weight of explosives in pounds that is detonated within an interval less than eight (8) milliseconds. (j) Scaled distance (Ds) shall mean the actual distance (D) in feet divided by the square root of the maximum charge weight (W) in pounds that is detonated per delay period. This means:

"GA1978.1.1626">

(k) Particle velocity means the velocity with which an earth particle moves when vibrating or oscillating in any manner from its position of rest or elastic equilibrium. (l) Commissioner means the Georgia Safety Fire Commissioner. Section 3. Requirements Governing the Use of Explosives in Blasting. (a) The use of explosives for the purpose of blasting in the neighborhood of any public highway, railroad, airport, dwelling house, public building, school, church, commercial or institutional building, or pipeline shall be done in accordance with the provisions of this Act and the rules and regulations promulgated by the Commissioner. (b) In all blasting operations except as hereinafter otherwise provided, the maximum particle velocity of any component of ground motion recorded on a three (3) component seismograph (where the components - transverse, vertical and longitudinal - are arranged mutually perpendicular) shall not exceed two (2) inches per second at the location of any dwelling house, public building, school, church, commercial or institutional building normally occupied. (c) Blasting operations without instrumentation will be considered as being within the limits set forth in this Section if such blasting operations are conducted in accordance with the provisions of subsection (d) of Section 3. (d) Any blasting operation may be conducted without reference to any maximum amount or period provided by this Section if the person in charge of such blasting operation demonstrates by instrumentation that maximum particle velocity of any component of the ground motion does not exceed the limits provided in subsection (b) of Section 3. (e) Instrumentation for determining particle velocity of ground motion as set forth in this Act shall be limited to devices that conform with design criteria for portable seismographs as found in the U.S. Bureau of Mines, RI-6487, and U.S. Bureau of Mines Bulletin 656. The instrument should have calibration traceable to the U.S. Bureau of Standards. The Commissioner or his duly authorized

"GA1978.1.1627">

agent may enter upon premises for the purpose of observing any necessary instrumentation provided by this Act. (f) When blasting operations, other than those conducted at a fixed site as a part of any industry or business operated at such site, are to be conducted within close proximity to a known pipeline, the blaster or person in charge of the blasting operations shall take reasonable precautionary measures for the protection of the line and shall notify the owner of the line or his agent that such blastings are intended. (g) Blasting operations shall not be conducted within close proximity of any public highway unless reasonable precautionary measures are taken to safeguard the public. (h) When blasting operations are conducted at the immediate location of any dwelling house, public building, school, church, commercial or institutional building which would result in ground vibrations having a particle velocity exceeding the limits provided by this Act, such blasting operations may proceed after receiving written consent from the property owner or owners affected. Section 4. Blasting Standards. (a) In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of any component of ground motion recorded on a three (3) component seismograph (where the components - transverse, vertical and longitudinal - are arranged mutually perpendicular) shall not exceed two (2) inches per second at the location of any dwelling house, public building, school, church, commercial or institutional building normally occupied. (b) For blast to structure distance greater than three hundred (300) feet, the standard table for maximum charge per delay shall be generated by the formula: Where W is the weight of explosive in pounds and D is the distance in feet to the nearest dwelling house, public building, school, church, commercial or institutional building normally occupied.

"GA1978.1.1628">

(c) The following table may be used for determining weight of explosives to be used with a single delay period: STANDARD TABLE OF DISTANCE Distance in feet Weight in pounds 0-10 1/8 11-15 1/4 16-20 1/2 21-25 3/4 26-30 1.00 40 2.25 50 3.50 60 4.75 70 6.00 80 7.25 90 8.50 100 9.75 110 11.0 130 13.5 150 16.0 170 18.5 190 21.0 210 23.5 230 26.0 250 28.5 270 31.0 290 33.5 300 34.75 350 49 400 64 500 100 600 144 700 196 800 256 900 324 1000 400 1100 484 1200 576 1300 676 1400 784 1500 900 1600 1024 1700 1156 1800 1296 1900 1444 2000 1600 2500 2500 3000 3600 3500 4900 4000 6400 4500 8100

"GA1978.1.1629">

(d) For nontabulated distances of over three hundred (300) feet, the following formula shall be used: Section 5. Seismograph Measurements. (a) Seismograph measurements may be used to increase the charge weight per delay period, provided that the velocity limit of two (2) inches per second of any of the three (3) mutually perpendicular components of ground motion is not exceeded. (b) Seismograph measurements must be used in each individual blasting operation in which the Standard Table of Distance is not being complied with. Notwithstanding the foregoing, a modified table for blasting operations may be established for use at a particular site provided that the velocity limit of two (2) inches per second of any of the three (3) mutually perpendicular components of ground motion is not exceeded. Blasting operations without instrumentaion will be considered as being within the limits set forth in this subsection if at a specified location on at least five (5) blasts instrumentation has shown that the maximum peak particle velocity of any of the three (3) mutually perpendicular components of ground motion at the specified location is fifty percent (50%) or less than the limit set forth in this subsection; provided that on all future blasts, the scaled distance is equal to or greater than the scaled distance for the instrumented blast. (c) In estimating the maximum peak particle velocity at a particular position, the following formula shall be used: Where V[UNK] is the maximum ground particle velocity at the seismograph, D[UNK] is the distance of seismograph from the blasting, and D is the distance from the blasting to the position in question and in the same general direction. The distance D[UNK] may not be greater

"GA1978.1.1630">

than D, and D cannot be more than five (5) times D[UNK]. This determined velocity at the site of any dwelling house, public building, school, church, commercial or institutional building normally occupied shall not exceed the two (2) inches per second limit. Section 6. Registration of Explosive Users. (a) Every person engaged in any use of explosives regulated by this Act shall apply for and obtain a registration certificate from the Commissioner. Employees of such persons are not required to register separately; provided, however, that no such employee may be permitted to engage in any activity covered by this Act unless he possesses a valid identification card issued by the Commissioner. Applicants for identification cards must be eighteen (18) years or over, of sound moral character and possess the competence necessary to fulfill the responsibilities of handling and using explosives. Identification cards for employees are obtainable only by application of their employer. (b) The fee for a registration certificate shall be fifteen dollars ($15.00); the fee for each identification card shall be five dollars ($5.00). These fees shall be payable annually, shall not be prorated for portions of a year, and all registration certificates and identification cards shall expire on December 31st of each year. Section 7. Revocation of Blaster's Registration Certificate. A blaster's registration certificate may be refused, or a blaster's registration certificate duly issued may be suspended or revoked or the renewal thereof refused by the Commissioner if he finds that the applicant for, or the holder of such certificate or identification card: (1) has violated any provision of this Act or of any other law of this State, or regulation duly promulgated by the Safety Fire Commissioner; or (2) has intentionally misrepresented or concealed any material fact in the application for such certificate or identification card or any document filed in support thereof; or

"GA1978.1.1631">

(3) has permitted any person in his employ, either by direct instruction or by reasonable implication to violate any provision of this Act; or (4) has been convicted by final judgment in any State or Federal Court of a felony; or (5) has failed to comply with, or has violated any proper order, rule or regulation issued by the Commissioner; or (6) has otherwise shown lack of trustworthiness or lack of competence to act as a blaster. Section 8. Records. (a) A record of each blast shall be kept. All records, including seismograph reports, shall be retained at least three (3) years and shall be available for inspection and shall contain the following minimum data: (1) name of company or contractor; (2) location, date and time of blast; (3) name, signature and license number of blaster in charge; (4) type of material blasted; (5) number of holes, burden and spacing; (6) diameter and depth of holes; (7) types of explosives used (trade name); (8) total weight of explosives used; (9) maximum weight of explosives and maximum number of holes per delay interval of eight (8) milliseconds or greater; (10) method of firing; (11) direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional

"GA1978.1.1632">

building normally occupied, neither owned nor leased by the person conducting the blasting; (12) weather conditions; (13) type and height or length of stemming; (14) type of delay blasting caps used and delay periods used (trade name); (15) if mats or other forms of protection were used. (b) the person taking the seismograph reading shall accurately indicate: (1) the location of each seismograph used and its distance from the blast; (2) the name of person and firm, if any, analyzing the seismograph record; (3) the name of person operating seismograph; (4) the exact location of blast relative to grid, station number or permanent location. (c) It shall be unlawful for any person to make false entry in any record required to be kept pursuant to this Section. Section 9. Promulgation of Rules and Regulations. The Commissioner may promulgate such rules and regulations, neither inconsistent nor contradictory with this Act, which he deems necessary to effectuate the provisions of the Act. The Commissioner may also prescribe forms required for the administration of the Act. Section 10. Emergency Variations. The Commissioner may approve variations from the requirements of this Act where he finds that an emergency exists and that the proposed variations from the specific requirements (a) are necessary, (b) will not hinder the effective administration of the Act, and (c) will not be contrary to the provisions of any other applicable law, either State or Federal.

"GA1978.1.1633">

Section 11. Enforcement. (a) Whenever it may appear to the Commissioner, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice or transaction, which is prohibited by this Act or by any rule, regulation or order of the Commissioner promulgated or issued pursuant to this Act, or which is declared to be unlawful under this Act, the Commissioner may, at his discretion, issue an order, if he deems it to be appropriate in the public interest or for the protection of the citizens of this State, prohibiting such person from continuing such act, practice or transaction. (b) Other powers granted to the Commissioner for the enforcement of this Act, include, but are not limited to: (1) Commissioner may institute suits or other legal proceedings in any superior court of proper venue, and the superior court may, among other appropriate relief, issue injunctions restraining persons and those acting in active concert with them from engaging in acts prohibited by the Commissioner in the enforcement of this Act; (2) in addition to any other penalties herein provided, the Commissioner shall have authority to place a licensee on probation for a period of time not to exceed one year or a monetary fine of up to one thousand dollars ($1,000.00), or both, for each and every violation of this Act or of the rules and regulations or orders of the Commissioner promulgated thereto; (3) all testimony, documents and other evidence required to be submitted to the Commissioner pursuant to this Act shall be privileged; and (4) Commissioner or his designee shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath. Section 12. Penalties. Any person who shall violate any of the provisions of this Act, or any rule or regulation promulgated by the Commissioner pursuant to 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 five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00).

"GA1978.1.1634">

Section 13. Time Limitations on Obtaining Registration Certificates and Identification Cards. Any person engaged in any use of explosives regulated by this Act on its effective date shall have sixty (60) days after that date to obtain a registration certificate and any identification cards required for his employees. Section 14. Effective Date. This Act shall become effective on November 1, 1978. Section 15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDEXEMPTIONS. No. 1294 (House Bill No. 937). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exempt from the tax certain transactions between persons with common ownership; to provide 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. Laws 1951, p. 360), as amended, is hereby amended by adding a new subparagraph to paragraph 2 of subsection (c) of Section 3 thereof, to be designated subparagraph (aa), to read as follows:

"GA1978.1.1635">

(aa) The use by, or lease or rental of tangible personal property to a person who acquires the property from another person where both persons are under 100% common ownership and where the person who furnishes or leases or rents the property has: 1. Previously paid sales or use tax on the property; or 2. Has been credited under Section 10 of this Act with paying a sales or use tax on the property so furnished, leased or rented; provided, that the tax so credited is based upon the fair rental or lease value of the 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 April 3, 1978. GEORGIA BOARD OF NURSINGDISCIPLINARY GROUNDS, ETC. Code Section 84-1004 Amended. No. 1295 (House Bill No. 1012). AN ACT To amend Code Chapter 84-10, relating to the practice of nursing, as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 501), so as to change the provisions relative to the actions which the Georgia Board of Nursing can take to discipline a licensee; to require a hearing before any such actions can be taken by the Georgia Board of Nursing; to list the actions and conduct which would subject persons licensed under Code Chapter 84-10

"GA1978.1.1636">

to disciplinary or certain other actions by the Board; to provide that the convictions of certain crimes will subject persons licensed under Code Chapter 84-10 to disciplinary or other actions by the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-10, relating to the practice of nursing, as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 501), is hereby amended by striking item (g) of Section 84-1004, relating to powers of the Board of Nursing, which reads as follows: (g) Conduct hearings upon charges calling for discipline of a licensee and, in the event the charges are substantiated, after notice and opportunity for hearing, to revocate, deny or suspend such licenses;, and substituting in lieu thereof, the following: (g) Conduct hearings upon charges calling for discipline of a licensee and, in the event the charges are substantiated, after notice and hearing, to take any one or more of the following actions: (1) Administer a public or private reprimand, but a private reprimand shall not be disclosed to anyone except the licensee; (2) Suspend a license for a definite period of time not to exceed twelve months; (3) Limit or restrict the license of a licensee; (4) Revoke licenses; (5) Refuse to renew a license; or (6) Condition the penalty, or withhold formal disposition, upon the licensee's submission to the care, counseling or treatment of physicians or other professional persons, and upon the completion of such care, counseling or treatment as directed by the Board.

"GA1978.1.1637">

In addition to and in conjunction with such actions, the Board may make a finding adverse to a licensee, but withhold imposition of judgment and penalty, or the Board may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation. Such probation may be vacated upon noncompliance with such reasonable terms as the Board may impose. In its discretion, the Board may restore and reissue a license issued under this Chapter and as a condition thereof may impose any disciplinary or corrective measure provided in this Chapter. Any of the above actions may be taken upon finding by the Board that the licentiate or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this Chapter or the rules and regulations of the Board; it shall be incumbent upon the applicant to demonstrate to the Board that he meets all requirements for the issuance of a license; or (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of nursing or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice nursing, or made a false or deceptive annual registration with the Board; or (3) 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; or (4) Had license to practice nursing revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him/her by any lawful licensing authority; or was denied a license by any lawful licensing authority; or (5) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, likely to

"GA1978.1.1638">

deceive, defraud, or harm the public. Unprofessional conduct shall also include the failure to meet the minimal standards of acceptable and prevailing nursing practice; or (6) 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 related to or in part regulated the practice of nursing, when the licentiate or applicant knows or should know that such action is violative of such statute, law or rule; or violated a lawful order of the Board, previously entered by the Board in a disciplinary hearing; or (7) Been adjudged mentally incompetent by a court of competent jurisdiction (within or without this State); any such adjudication shall automatically suspend the license of any such person, and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect, unless the Board, upon a finding that the licentiate is mentally competent, orders otherwise; or (8) Become unable to practice nursing with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1639">

GEORGIA INSURANCE CODE AMENDEDVARIABLE LIFE INSURANCE POLICIES. Code Section 56-1042 Amended. No. 1296 (House Bill No. 1014). AN ACT To amend Code Chapter 56-10, relating to investment provisions of the Georgia Insurance Code, as amended, so as to authorize the sale of variable life insurance; to provide definitions; to provide conditions; to provide limitations; to provide for policy contents; to prohibit delivery or issuance of such policies by certain companies; to authorize regulation by the Insurance Commissioner; to prohibit sale or offer for sale of such policies by certain persons; to provide for application of other provisions of the Georgia Insurance Code; 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 56-10, relating to investment provisions of the Georgia Insurance Code, as amended, is hereby amended by adding a new Section after Code Section 56-1041, to be designated Code Section 56-1042, to read as follows: 56-1042. Variable life insurance policies. (1) As used in this Section, `variable life insurance policy' means any individual or group policy issued by an insurance company providing for life insurance (and benefits incidental thereto) under which payments or values may vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such policies have been placed. (2) A domestic life insurance company may establish one or more separate accounts and may allocate thereto amounts (including without limitation proceeds applied under optional modes of settlement or under dividend options) to provide for life insurance (and benefits incidental thereto), payable in variable amounts, subject to the following:

"GA1978.1.1640">

(a) The income, gains and losses, realized or unrealized, from assets allocated to a separate account shall be credited to or charged against the account, without regard to other income, gains or losses of the company. (b) Except as hereinafter provided, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any requirements or limitations prescribed by the laws of this State governing the investments of domestic life insurance companies; provided, that to the extent that the company's reserve liability with regard to (i) benefits guaranteed as to amount and duration, and (ii) funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of such separate account at least equal to such reserve liability shall be invested in accordance with the laws of this State governing the investment of reserves of life insurance companies. The investments in such separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company. (c) To the extent any such domestic company deems it necessary to comply with any applicable federal or State laws, such company, with respect to any separate account, including without limitation any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest therein, appropriate voting and other rights and special procedures for the conduct of the business of such account, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection of independent public accountants and the selection of a committee, the members of which need not be otherwise affiliated with such company, to manage the business of such account. This provision shall not affect existing laws pertaining to the voting rights of the life insurance company's stockholders or policyholders except as herein provided. (d) No domestic company shall, for any separate account, purchase the voting securities of a single issuer if such purchase would result in such company and all domestic insurance companies directly or indirectly controlling, controlled by, or under common control with such company holding in such company's

"GA1978.1.1641">

or companies' separate account or accounts in excess of 10 percent of the total issued and outstanding voting securities of such issuer provided that the foregoing shall not apply with respect to securities held in separate accounts, the voting rights in which are exercisable in accordance with instructions from persons having interests in such accounts. This limitation shall not apply to the investment for a separate account in the securities of an investment company registered under the Investment Company Act of 1940. (e) Unless otherwise approved by the Commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation, or if there is no readily available market, then as provided under the terms of the policy or the rules or other written agreement applicable to such separate account; provided, that unless otherwise approved by the Commissioner, the portion, if any, of the assets of such separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in (2) (b) shall be valued in accordance with the rules otherwise applicable to the company's assets. (f) Amounts allocated to a separate account in the exercise of the power granted by this Section shall be owned by the company, and the company shall not be, nor hold itself out to be, a trustee with respect to such amounts. If and to the extent so provided under the applicable contracts, that portion of the assets of any such separate account equal to the reserves and other contract liabilities with respect to such account shall not be chargeable with liabilities arising out of any other business the company may conduct. (g) No sale, exchange or other transfer of assets may be made by a company between any of its separate accounts or between any other investment account and one or more of its separate accounts unless, in case of a transfer into a separate account, such transfer is made solely to establish the account or to support the operation of the policies with respect to the separate account to which the transfer is made, and unless such transfer, whether into or from a separate account, is made (i) by a transfer of cash, or (ii) by a transfer of securities having a readily determinable market value, provided that such transfer of securities

"GA1978.1.1642">

is approved by the Commissioner. The Commissioner may approve other transfers among such accounts if, in his opinion, such transfers would not be inequitable. (3) Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable State or federal law in order that variable life insurance policies may be lawfully sold or offered for sale including, without limitation, the power to provide for management of a separate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with such policies such voting rights as are set forth in (2) (c) above. Each domestic life insurance company may allocate from its general accounts to each separate account established under this Section an initial cash amount necessary to meet minimum capitalization requirements for such account as prescribed by the Securities and Exchange Commission, provided, that the total of all such allocations shall not exceed 10 percent of the company's assets or $1,000,000, whichever is less. Any such allocation may be withdrawn when sufficient amounts have been received by the company in connection with variable life insurance policies and allocated to a separate account to meet the minimum capitalization requirement. (4) Any variable life insurance policy issued under this Section shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of variable benefits provided under such policy. Any such policy, including a group contract and certificates in evidence of variable benefits issued thereunder, shall state that such dollar amount will vary to reflect investment experience and shall contain on its first page a statement to the effect that benefits thereunder are on a variable basis. (5) (a) No company shall deliver or issue for delivery variable life insurance policies within this State unless (1) it has a current Certificate of Authority to transact life insurance in this State; and (2) the Commissioner is satisfied that its condition or method of operations in connection with the issuance of such policies will not render its operation hazardous to the public or its policyholders in this State. In this connection, the Commissioner shall consider among other things:

"GA1978.1.1643">

(i) The history and financial condition of the company; (ii) The experience, character, responsibility and fitness of the officers and directors of the company; and (iii) The law and regulation under which the company is authorized in the state of domicile to issue variable life insurance policies. (6) The Insurance Commissioner shall have sole and exclusive authority to regulate the solicitation, sale and issuance of variable life insurance policies and to issue such reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this Section; and such policies, the companies which issue them and the agents or other persons who sell them shall not be subject to the Georgia Securities Act in the sale of such policies. (7) Notwithstanding any other laws of this State, no person shall, within this State, sell or offer for sale variable life insurance contracts as defined in this Act unless such person shall have both a valid and current life insurance license and variable life insurance license issued by the Insurance Commissioner. No such license shall be issued unless and until the Insurance Commissioner is satisfied, after examination, that such person is by training, knowledge, ability and character qualified to act as such a variable life insurance agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable life insurance agent's license upon any ground that would bar such applicant or such agent from being licensed to sell life insurance contracts in this State or for the violation of any Federal or State securities, laws or regulations. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable life insurance agent's license. Renewal of a variable life insurance agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this State. (8) No variable life insurance policy or certificate issued pursuant to the provisions of this Section shall be construed to violate the provisions of Georgia Code Section 56-2508 (Ga. Laws 1960, pp. 289, 689), and the sale or offer of any such policy or certificate

"GA1978.1.1644">

shall not be deemed an unfair method of competition or an unfair or deceptive act or practice in the business of insurance in violation of the provisions of Georgia Code Sections 56-704 (6) and 56-704 (8) (Ga. Laws 1960, pp. 289, 386, 397). (9) (a) Except for Georgia Code Sections 56-2503 (1) (a), 56-2503 (1) (e), 56-2503 (1) (f), 56-2503 (g), 56-2503 (1) (h), 56-2504 and 56-2704 (1) and except as otherwise provided in this Act, all pertinent provisions of the Georgia Insurance Code shall apply to separate accounts and variable life insurance policies relating thereto. The Insurance Commissioner, by regulation, may require that any individual variable life insurance policy delivered or issued for delivery in this State contain provisions as to grace, reinstatement and nonforfeiture appropriate for such a policy; and any such group variable life insurance policy shall contain a provision for grace and nonforfeiture appropriate to such a policy. (b) The reserve liability for variable life insurance policies shall be determined in accordance with actuarial procedures approved by the Commissioner that recognize the variable nature of the benefits provided and any mortality guarantees. Section 2. The Insurance Commissioner shall have authority to adopt rules and regulations necessary for the implementation of this Act. Section 3. Section two (2) of this Act shall become effective July 1, 1978. All other provisions of this Act shall become effective March 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1645">

REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AMENDEDREFUNDS FOR TAX STAMPS. No. 1297 (House Bill No. 1046). AN ACT To amend an Act entitled the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufacturers, 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 known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking subsection (f) of Section 11 in its entirety and inserting in lieu thereof 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, under regulations promulgated by the Commissioner, 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, (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,

"GA1978.1.1646">

(3) Distilled spirits have been received by the wholesaler, which are unfit for consumption upon receipt, and such distilled spirits are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia, or (4) Distilled spirits have been received by the wholesaler through an error in shipment and such distilled spirits are returned to the shipper prior to any sale by the wholesaler in Georgia. 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. 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 3, 1978. GEORGIA BUREAU OF INVESTIGATIONNARCOTICS AGENTS. No. 1298 (House Bill No. 1048). AN ACT To amend an Act establishing the qualifications for agents of the Georgia Bureau of Investigation, approved February 25, 1949 (Ga. Laws 1949, p. 1177), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 544), and an Act approved

"GA1978.1.1647">

March 5, 1976 (Ga. Laws 1976, p. 392), so as to change the term special contract investigators to narcotics agents; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the qualifications for agents of the Georgia Bureau of Investigation, approved February 25, 1949 (Ga. Laws 1949, p. 1177), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 544), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 392), is hereby amended by striking the term special contract investigators wherever the same shall appear in Section 3 and inserting in lieu thereof the term narcotics agents. 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 3, 1978. BOARD OF OFFENDER REHABILITATION ACT AMENDED. No. 1299 (House Bill No. 1115). AN ACT To amend an Act approved April 6, 1972, providing for the reorganization of certain functions within the Executive Branch of State Government (Ga. Laws 1972, p. 1069), so as to provide for the abolishment of the State Board of Corrections and for the transfer of its policy-making functions and its power to make rules and regulations to the Board of Offender Rehabilitation; to provide for the

"GA1978.1.1648">

transfer of the administrative functions of the State Board of Corrections to the Department of Offender Rehabilitation; to provide for the abolishment of the position of Director of Corrections and for the transfer of the duties and powers of the Director of Corrections to the Commissioner of Offender Rehabilitation; to provide for the duties, powers, appointment and salary of the Commissioner of Offender Rehabilitation; to provide for the abolishment of the Division of Community-Based Services within the Department of Offender Rehabilitation and for the continuation of the Division administrative functions in the Department of Offender Rehabilitation; to provide for the abolishment of the Division of Institutional Services within the Department of Offender Rehabilitation and for the continuation of the Division administrative functions in the Department of Offender Rehabilitation; 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. Section 10 of an Act approved April 6, 1972 (Ga. Laws 1972, pp. 1069, 1073), is hereby amended by striking the last sentence thereof; by redesignating the first six sentences thereof as subsection (a); and by adding thereto a new subsection (b) to read as follows: (b) The State Board of Corrections created by Article V, Section V, Paragraph I of the Constitution of Georgia of 1945 having been abolished by a constitutional amendment ratified on November 2, 1976, and proclaimed by the Governor on December 21, 1976, the statutory State Board of Corrections created by Ga. Laws 1956, pp. 161, 168, as amended (Ga. Code Ann. Section 77-302), is hereby abolished. The policy-making functions and the power to make rules and regulations of the State Board of Corrections are transferred to the Board of Offender Rehabilitation. Unless inconsistent with the Act, any reference in Georgia Laws to the State Board of Corrections pertaining to its policy-making functions or its power to make rules and regulations means the Board of Offender Rehabilitation. The administrative functions of the State Board of Corrections are transferred to the Department of Offender Rehabilitation. Unless inconsistent with this Act, any reference in Georgia Laws to the State Board of Corrections pertaining to its administrative functions means the Department of Offender Rehabilitation.,

"GA1978.1.1649">

so that as amended, Section 10 shall read as follows: Section 10. (a) There is created a Board of Offender Rehabilitation which shall establish the general policy to be followed by the Department. The Board shall be composed of nine members. Five of the members shall be the members of the State Board of Corrections, created in Article V, Section V, Paragraph I of the Constitution, serving in an ex officio capacity. They shall be appointed in the same manner and for the same term with respect to their membership on both Boards. The other four members of the Board of Offender Rehabilitation shall be appointed by the Governor with the consent of the Senate for terms of four years. The first appointment shall be for terms of one, two, three and four years and their successors shall be appointed for terms of four years each. (b) The State Board of Corrections created by Article V, Section V, Paragraph I of the Constitution of Georgia of 1945 having been abolished by a constitutional amendment ratified on November 2, 1976, and proclaimed by the Governor on December 21, 1976, the statutory State Board of Corrections created by Ga. Laws 1956, pp. 161, 168, as amended (Ga. Code Ann. Section 77-302), is hereby abolished. The policy-making functions and the power to make rules and regulations of the State Board of Corrections are transferred to the Board of Offender Rehabilitation. Unless inconsistent with this Act, any reference in Georgia Laws to the State Board of Corrections pertaining to its policy-making functions or its power to make rules and regulations means the Board of Offender Rehabilitation. The administrative functions of the State Board of Corrections are transferred to the Department of Offender Rehabilitation. Unless inconsistent with this Act, any reference in Georgia Laws to the State Board of Corrections pertaining to its administrative functions means the Department of Offender Rehabilitation. Section 2. Section 11 of an Act approved April 6, 1972 (Ga. Laws 1972, pp. 1069, 1073), is hereby amended by striking the third and fourth sentences thereof; by redesignating the first two sentences thereof as subsection (a); and by adding thereto a new subsection (b) to read as follows: (b) The Commissioner of Offender Rehabilitation shall be appointed by and shall serve at the pleasure of the Board of Offender Rehabilitation. The salary, expenses and allowances of the Commissioner of Offender Rehabilitation shall be as set by statute.,

"GA1978.1.1650">

and by adding thereto a new subsection (c) to read as follows: (c) The position of Director of Corrections provided for by Article V, Section V, Paragraph I of the Constitution of Georgia of 1945 having been abolished by a constitutional amendment ratified on November 2, 1976, and proclaimed by the Governor on December 21, 1976, the statutory position of Director of Corrections provided for by Ga. Laws 1956, pp. 161, 170, as amended (Ga. Code Ann. Section 77-305), is hereby abolished. All of the duties and powers of the Director of Corrections are transferred to the Commissioner of Offender Rehabilitation. Any reference in Georgia Laws to the Director of Corrections means the Commissioner of Offender Rehabilitation., so that as amended, Section 11 shall read as follows: Section 11. (a) There is created the position of Commissioner of Offender Rehabilitation. The Commissioner shall be the chief administrative officer of the Department, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Act. (b) The Commissioner of Offender Rehabilitation shall be appointed by and shall serve at the pleasure of the Board of Offender Rehabilitation. The salary, expenses and allowances of the Commissioner of Offender Rehabilitation shall be as set by statute. (c) The position of Director of Corrections provided for by Article V, Section V, Paragraph I of the Constitution of Georgia of 1945 having been abolished by a constitutional amendment ratified on November 2, 1976, and proclaimed by the Governor on December 21, 1976, the statutory position of Director of Corrections provided for by Ga. Laws 1956, pp. 161, 170, as amended (Ga. Code Ann. Section 77-305), is hereby abolished. All of the duties and powers of the Director of Corrections are transferred to the Commissioner of Offender Rehabilitation. Any reference in Georgia Laws to the Director of Corrections means the Commissioner of Offender Rehabilitation. Section 3. Section 14 of an Act approved April 6, 1972 (Ga. Laws 1972, pp. 1069, 1074), is hereby amended by striking the first three sentences thereof which read as follows:

"GA1978.1.1651">

There is created within the Department of Offender Rehabilitation the Division of Community-Based Services. This Division shall administer the supervision of parolees, probationers, and other offenders who are being treated outside correctional institutions. The Director of the Division shall be appointed by the Commissioner of Offender Rehabilitation., and inserting in lieu thereof the following: The Department of Offender Rehabilitation shall administer the supervision of probationers., so that as amended, Section 14 shall read as follows: Section 14. The Department of Offender Rehabilitation shall administer the supervision of probationers. Nothing in this Act shall alter the relationship between judges and probation supervisors prescribed in the Statewide Probation Act, Ga. Laws 1956, pp. 27, 28 et seq. (Ga. Code Ann. Section 27-2702 et seq.) Section 4. An Act approved April 6, 1972 (Ga. Laws 1972, p. 1069), is hereby amended by striking in its entirety Section 15 thereof which reads as follows: Section 15. There is created within the Department of Offender Rehabilitation the Division of Institutional Services. The Division, which shall be subject to the governance of the State Board of Corrections, shall administer the State's correctional institutions and rehabilitative programs conducted therein. The Director of Corrections, pursuant to the Constitution, shall be the administrative head of the Division., and inserting in lieu thereof a new Section 15 to read as follows: Section 15. The Department of Offender Rehabilitation shall administer the State's correctional institutions and rehabilitative programs conducted therein. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1652">

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 thereof. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDRETIREMENT WITH 30 YEARS SERVICE. No. 1300 (House Bill No. 1230). AN ACT To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the provisions relating to the service necessary for retirement and the calculation of service retirement benefits; 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. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of Section 5 of said Act a new subsection (13), to read as follows: (13) Anything in this Act to the contrary notwithstanding, any member with thirty years' service, regardless of age, shall be eligible to retire forthwith and, upon retirement, any such member shall be

"GA1978.1.1653">

paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 with thirty years' service. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. DISABLED PERSONS LICENSE PLATES ACT AMENDEDDEAF PERSONS. No. 1301 (House Bill No. 1232). AN ACT To amend an Act known as the Disabled Persons License Plates Act, approved April 13, 1973 (Ga. Laws 1973, p. 576), so as to provide that certain deaf persons shall qualify for such license plates; 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 Disabled Persons License Plates Act, approved April 13, 1973 (Ga. Laws 1973, p. 576), is hereby amended by designating the present provisions of Section 2 as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) A deaf person otherwise qualified under subsection (a) of this Section shall be eligible to have issued to him a specially designated disabled person's license plate in accordance with the provisions of this Act. As used herein, the words `deaf person' shall have the same meaning as defined by Section 1 of the Act providing for the use of deaf sign language interpreters in certain administrative

"GA1978.1.1654">

and judicial proceedings, approved March 21, 1974 (Ga. Laws 1974, p. 484), as now or hereafter amended, except that the words `deaf person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 68B-217, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. CLERKS OF SUPERIOR COURTRECORDATION OF DEEDS. Code Section 24-2715 Amended. No. 1302 (House Bill No. 1234). AN ACT To amend Code Section 24-2715, relating to the additional duties of the clerks of the superior courts, as amended, so as to prohibit a clerk from recording a deed unless the name and address of the grantor(s) and grantee(s) are contained in the deed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 24-2715, relating to the additional duties of the clerks of the superior courts, as amended, is hereby amended by adding at the end of said Code Section a new paragraph to be designated paragraph 21 to read as follows:

"GA1978.1.1655">

21. The clerk of the superior court, prior to recordation of any deed that has the effect of transferring title, shall obtain the name and address of the grantor(s) and the grantee(s) either in the deed or on the real estate transfer tax declaration form. The failure of the clerk to obtain the name and address as required herein, shall in no way affect the title to the real estate involved, marketability of title, or the notice intent of said recorded deed. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. MOTOR VEHICLE OPERATORS' LICENSESAUTHORITY OF DEPARTMENT OF PUBLIC SAFETY. Code Section 68B-307 Amended. No. 1303 (House Bill No. 1247). 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, as amended, so as to change the provisions relating to pleas of nolo contendere; to change the provisions relating to the reduction of violation point counts; 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-307, relating to the authority of the Department of Public Safety to suspend or revoke licenses and establishing

"GA1978.1.1656">

a point system, as amended, is hereby amended by adding after the words nolo contendere in the first sentence of the last paragraph of subsection (c), the following: ,within the preceding five years,, and by striking the figure 6 in the last sentence of subsection (c) and inserting in lieu thereof the figure 0, so that the last paragraph of subsection (c) of Code Section 68B-307, when so amended, shall read as follows: 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, within the preceding five years, 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 0 points. 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 3, 1978.

"GA1978.1.1657">

EVIDENCECONFIDENTIAL COMMUNICATIONS BETWEEN PHYSICIANS AND PATIENTS. Code Section 38-418 Amended. No. 1304 (House Bill No. 1246). AN ACT To amend Code Section 38-418, relating to confidential communications, so as to provide that a physician shall not release any medical information concerning a patient except under certain conditions; to provide immunity to physicians releasing information pursuant to the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 38-418, relating to confidential communications, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 38-418 to read as follows: 38-418. Confidential communications, etc. (a) There are certain admissions and communications excluded from consideration of public policy. Among these are: 1. Communications between husband and wife. 2. Between attorney and client. 3. Among grand jurors. 4. Secrets of state. 5. Psychiatrist and patient. (b) No physician licensed under Code Chapter 84-9 shall be required to release any medical information concerning a patient, or in the case of a minor, by his or her parents or duly appointed guardian ad litem, except on written authorization or other waiver by the patient or on appropriate court order or subpoena; provided,

"GA1978.1.1658">

however, that any physician releasing information under written authorization or other waiver by the patient or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding; and provided, further, that this subsection shall not apply to psychiatrists. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. CRIMESINTERFERING, DAMAGING, ETC. WITH PROPERTY. Code Section 26-1507 Amended. No. 1305 (House Bill No. 1259). AN ACT To amend Code Section 26-1507, relating to damaging, injuring or interfering with property of public utility companies, municipalities or political subdivisions, so as to provide for the adoption of more restrictive laws, rules, regulations and ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-1507, relating to damaging, injuring or interfering with property of public utility companies, municipalities or political subdivisions, is hereby amended by adding a new subsection (d) at the end thereof, to read as follows:

"GA1978.1.1659">

(d) This Section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of State or local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Section. 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 3, 1978. ACT PROVIDING REQUIREMENTS IN CONNECTION WITH BLASTING AMENDED. No. 1306 (House Bill No. 1268). AN ACT To amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended by an Act approved March 10, 1970 (Ga. Laws 1970, p. 226), and by an Act approved April 14, 1975 (Ga. Laws 1975, p. 417), so as to delete from this Act the provisions excepting the installation of utility poles from the requirements of this Act; to provide that the definition of the term, excavating, shall not include public road maintenance activities within the rights-of-way of public roads; to provide that the misdemeanor provisions of this Act shall not apply when the gas company involved has failed to comply with specified provisions of this Act; to delete from this Act the provisions excepting governmental entities from the requirements of this Act; to specify that the provisions of this Act do not affect the rights of the

"GA1978.1.1660">

state, counties or municipalities with respect to facilities located on public road rights-of-way; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended by an Act approved March 10, 1970 (Ga. Laws 1970, p. 226), and by an Act approved April 14, 1975 (Ga. Laws 1975, p. 417), is hereby further amended by striking the second sentence of subsection (i) of Section 2 thereof, which reads as follows: Such term, however, shall not include the removal of earth or other materials within the right-of-way of a public street, road, alley, or other thoroughfare, or within an easement or right-of-way parallel and adjacent thereto, for the purpose of installing utility poles. and by substituting in lieu thereof a new sentence as follows: Such term, however, shall not include public road maintenance activities within the rights-of-way of a public road on the State Highway System, the county road system or the city street system. so that subsection (i) of Section 2 of said Act, when so amended, shall read as follows: (i) `Excavating' means any operation by which the level or grade of land is changed, and shall include, without limitation, grading, trenching, digging, ditching, augering, and scraping. Such term, however, shall not include public road maintenance activities within the rights-of-way of a public road on the State Highway System, the county road system or the city street system. Section 2. Said Act, as amended, is hereby further amended by striking from Section 9 thereof the second sentence, which reads as follows: The misdemeanor provisions of this Act shall not apply to any person who shall commence, perform, or engage in blasting, or in

"GA1978.1.1661">

excavating with mechanized equipment, on any tract or parcel of land in any county in the State of Georgia if the gas company to whom is delivered a written notice respecting such blasting or excavating with mechanized equipment, as described in subsection (b) of Section 5 of this Act, has failed to comply with the provisions of Section 6 of this Act. and by substituting in lieu thereof a new sentence, to read as follows: The misdemeanor provision of this Act shall not apply to any person who shall commence, perform, or engage in blasting, or in excavating with mechanized equipment, on any tract or parcel of land in any county in the State of Georgia if the gas company to whom notice was given respecting such blasting or excavating with mechanized equipment, as described in subsection (a) of Section 5 of this Act, has failed to comply with the provisions of Section 6 of this Act. so that Section 9 of said Act, when so amended, shall read as follows: Section 9. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished as for a misdemeanor. The misdemeanor provision of this Act shall not apply to any person who shall commence, perform, or engage in blasting, or in excavating with mechanized equipment, on any tract or parcel of land in any county in the State of Georgia if the gas company to whom notice was given respecting such blasting or excavating with mechanized equipment, as described in subsection (a) of Section 5 of this Act, has failed to comply with the provisions of Section 6 of this Act. Section 3. Said Act, as amended, is further amended by striking Section 11 of this Act in its entirety. Section 11 reads as follows: Section 11. The provisions of this Act shall not apply to any

"GA1978.1.1662">

work, including blasting or excavating with mechanized equipment, administered, performed by, contracted for or let by a municipal corporation, a county or by the State or any instrumentality, department, board, agency or authority of a municipal corporation, a county or the State, including any such work when performed by contractors or subcontractors of any of the same. Section 4. Said Act, as amended, is further amended by redesignating existing Section 12 as Section 11 and by adding a new Section 12 to read as follows: Section 12. This Act not to affect rights of the State, counties or municipalities with respect to facilities located on public road rights-of-way. The provisions of this Act do not affect, and are not intended to affect, any rights, powers, interest or liability of the State or the State Department of Transportation with respect to the State Highway System, or a county with respect to the county road system, or a municipality with respect to city street system, with relation to any gas pipe or other facility which is or may be installed within the limits of any public road or street right-of-way whether such installation be by written or verbal permit, easement, or any form of agreement whatsoever. 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 3, 1978.

"GA1978.1.1663">

GEORGIA HEALTH CODE AMENDEDINDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMITS. Code Section 88-310 Amended. No. 1307 (House Bill No. 1282). AN ACT To amend Code Chapter 88-3, relating to enforcement of the Georgia Health Code and administrative procedure, as amended, so as to require the giving of certain notices in cases in which an application for an individual sewage disposal system permit is denied; to provide for use of certain findings in the determination of fair market value for ad valorem tax purposes; to provide for practices and procedures; to provide for definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-3, relating to enforcement of the Georgia Health Code and administrative procedure, as amended, is hereby amended by adding at the end thereof a new Code Section 88-310, to read as follows: 88-310. Denial of Individual Sewage Disposal System Permits; Notices. (a) In any case in which an application for an individual sewage disposal system permit is denied, it shall be the duty of the department or the county board of health denying such permit to notify the applicant, in writing, of such denial. Such notices shall be mailed by first class mail within fifteen (15) days of the date on which the application is denied. The notice shall contain the name and address of the applicant, a description of the property involved, and the reasons for denial of the permit and notification that the applicant should contact the County Board of Tax Assessors for ad valorem tax purposes. It shall be the duty of the county board of tax assessors and the county tax appraisal staff of the county in which the property is located to consider the denial of an individual sewage disposal system permit and the reasons for such denial in determining the fair market value of such property for ad valorem tax purposes.

"GA1978.1.1664">

(b) As used in this Section, `individual sewage disposal system' means a sewage disposal system, other than a public or community sewage disposal system, serving a single building, residence or other facility designed or used for human occupancy or congregation, including septic tank systems and pit privies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED. No. 1308 (House Bill No. 1288). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 199), so as to authorize the Commissioner to require the collection of tax on the retail price on certain sales of tangible personal property for resale; to provide exemptions for sales by religious institutions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 199), is hereby amended by striking from the second unnumbered paragraph of subparagraph (d) of paragraph (1) of subsection (c) of Section 3 thereof, the following:

"GA1978.1.1665">

cost price of such tangible personal property to such persons, and substituting in lieu thereof the following: retail price of such tangible personal property, so that when so amended said subparagraph (d) shall read as follows: (d) Sales of tangible personal property to persons for resale when because of the operation of the business or its very nature or the turnover of so-called independent contractors or the lack of a place of business in which to display a certificate of registration, or the lack of a place of business in which to keep records, or the lack of adequate records, or because such persons are minors or transients, or because such persons are engaged in essentially service businesses, or for other reason there is likelihood that the State will lose tax funds due to the difficulty of policing such business operations. The Commissioner is authorized to promulgate rules and regulations requiring vendors of such persons to collect the tax imposed by this Act on the retail price of such tangible personal property and shall refuse to issue certificates of registration and may revoke certificates of registration heretofore issued to such persons. Provided that the requirements of notice and hearing contained in Section 24 of this Act shall have no application to the revocation of certificates of registration heretofore issued to persons described herein. Section 2. Amend the Georgia Retailers' and Consumers' Sales and Use Tax Act approved February 20, 1951 (Ga. Laws 1951, p. 360) by adding a new subparagraph (i) to Section 3(c)(2) to read as follows: (i) Sales of any religious paper in Georgia, owned and operated by religious institutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Also sales by religious institutions or denominations when any such sale results from a specific charitable fund-raising activity and the number of days on which such activity occurs does not exceed 30 in any calendar year and when the gross sales or net profits

"GA1978.1.1666">

from such sales shall be used for purely charitable purposes, and no part of such gross sales or net profits can inure to the benefit of any private person; provided, as used herein, purely charitable purposes means relief of the aged; church related youth activities; religious instruction or worship; and construction or repair of church buildings or facilities. Section 3. This Act shall become effective on April 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDREFUNDS OF TAX WITH RESPECT TO SOLAR ENERGY EQUIPMENT. No. 1309 (House Bill No. 1286). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), is hereby amended by

"GA1978.1.1667">

redesignating subparagraph (z) of paragraph (2) of subsection (c) of Section 3 thereof, as added by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), as subparagraph (aa), and by striking from the second sentence of the second unnumbered paragraph thereof the following: To obtain the benefits hereof, the purchaser, and substituting in lieu thereof the following: To obtain the benefits hereof, the owner of the property to which the machines or equipment will be attached, and by inserting after the words authorized to refund, the words, to that property owner, so that when so amended said subparagraph of paragraph 2 of subsection (c) of Section 3 shall read as follows: (aa) Purchases of machines or equipment that will be attached to or become a part of agricultural, including animal and poultry husbandry operations, industrial, commercial or residential property and will be used directly in the conversion of solar energy for heating, or cooling, or drying, or water heating. For the purposes of this subparagraph, machines and equipment shall include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating, or cooling, or drying, or water heating, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating, or cooling, or drying, or water heating. Notwithstanding the provisions of this subparagraph, any person making a sale for any of the purposes specified herein shall collect the tax imposed thereon by this Act and remit the same to the Commissioner. To obtain the benefits hereof, the owner of the property to which the machines or equipment will be attached shall file a claim for refund with the Commissioner in the manner authorized by the general law, and, if the Commissioner determines that the requirements of this subparagraph

"GA1978.1.1668">

have been met, he is hereby authorized to refund to that property owner, without interest thereon, such portion of the tax paid by the purchaser as the Commissioner finds to be due under the provisions of this subparagraph. For the purposes of this subparagraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. The State Revenue Commissioner may adopt rules providing procedures for applying for the refund authorized by this subsection and for certifying whether a particular purchase of such machines or equipment is entitled to the refund. This subparagraph shall be repealed and shall be null and void effective July 1, 1986. Section 2. 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 3, 1978. PHARMACISTSLICENSES, ETC. Code Title 79A Amended. No. 1313 (House Bill No. 1445). AN ACT To amend Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics, so as to change the requirements for pharmacy interns; to change the grounds upon which licenses of pharmacists and pharmacies may be revoked or suspended; to change certain requirements relating to pharmacies located in general merchandising establishments; to change certain dates; to classify certain controlled

"GA1978.1.1669">

substances and to change the classification of certain other such substances; to change the provisions relating to certain prohibited 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. Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics, is hereby amended by striking from the first sentence of Section 79A-407 the following: applied, and substituting in lieu thereof the following: been accepted, so that when so amended, Code Section 79A-407 shall read as follows: 79A-407. Pharmacy interns. Any student in or who has been accepted for admission to any generally recognized school or college of pharmacy may register with the State Board of Pharmacy, and, if he shall have completed the academic work required by such school or college, with the exception of the last three years of academic work, may be licensed as a pharmacy intern. Licenses issued under the provisions of this Section shall bear the date thereof and shall expire four years from such date. Licenses which shall expire by lapse of time may be renewed, upon application, unless at the time of expiration there shall be pending before the State Board of Pharmacy proceedings to suspend or revoke such license. A pharmacy intern may compound, mix or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist. Section 2. Said Code Title is further amended by designating the first paragraph of Code Section 79A-408 as (A) and by adding at the end of said Section a new paragraph (B), to read as follows: (B) The State Pharmacy Board shall have the power to suspend or revoke the license of the pharmacist in charge when a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed or otherwise disposed of has

"GA1978.1.1670">

not been kept by the pharmacy in conformance with the record keeping and inventory requirements of federal law and the rules of the State Pharmacy Board., so that when so amended, said Section shall read as follows: 79A-408. Suspension or revocation of licenses. (A) 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, 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.

"GA1978.1.1671">

(7) Violated any rules and regulations promulgated by the State Board of Pharmacy. (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. (B) The State Pharmacy Board shall have the power to suspend or revoke the license of the pharmacist in charge when a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed or otherwise disposed of has not been kept by the pharmacy in conformance with the record keeping and inventory requirements of federal law and the rules of the State Pharmacy Board. Section 3. Said Code Title is further amended by striking from subsection (b) of Section 79A-510 the following:

"GA1978.1.1672">

Such area shall be directly accessible from the street, public thoroughfare, public passageway, and may be accessible from the general merchandising establishment by no more than one (1) entrance which shall be no wider than four (4[UNK]) feet, which entrance shall be capable of being locked., so that when so amended, subsection (b) of Code Section 79A-510 shall read as follows: (b) If a pharmacy is located in a general merchandising establishment, or if the owner of the pharmacy so chooses, a portion of the space of the business establishment may be set aside and permanently enclosed, and only that permanently enclosed area shall be subject to the requirements of this Title and shall be registered as a pharmacy. In such case, the area to be registered as a pharmacy shall be enclosed by permanent partitions, at least nine feet six inches (9[UNK] 6[UNK]) in height, except where the ceiling is less than nine feet six inches (9[UNK] 6[UNK]) in height, in which event the partition shall be from floor to ceiling. Identification of the area by use of the word `drug,' `medicine,' `drug store,' `apothecary' or `pharmacy,' or similar terms, shall be restricted to the area registered as a pharmacy by the State Board. Section 4. Said Code Title is further amended by adding at the end of Code Section 79A-513 the following: 4. Have failed to keep a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed or otherwise disposed of., 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, 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.

"GA1978.1.1673">

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. 4. Have failed to keep a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed or otherwise disposed of. Section 5. Said Code Title is further amended by striking from subsection (b) of Section 79A-702 the following: 1976, and inserting in lieu thereof the following: 1978, so that when so amended, subsection (b) of Code Section 79A-702 shall read as follows: (b) Any drug, substance or device declared by the director to be a `dangerous drug' and included in the official publication of dangerous drugs compiled by the director pursuant to the provisions of Code Section 79A-306, as said official publication of dangerous drugs read on February 1, 1978. Section 6. Said Code Title is further amended by striking the period at the end of subsection (d) of Section 79A-806 and substituting a semicolon and by adding at the end of the list of controlled substances in Schedule I contained in subsection (d) the following: (20) Cyanoethylamphetamine; (21) (1-Phenylcyclohexyl) Ethylamine., so that when so amended, subsection (d) of Code Section 79A-806 shall read as follows: (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances,

"GA1978.1.1674">

their salts, isomer, (whether optical, position or geometric), and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3, 4-methylenedioxy amphetamine; (2) 5-methoxy-3, 4-methylenedioxy amphetamine; (3) 3, 4, 5-trimethoxy amphetamine; (4) Bufotenine; (5) Diethyltryptamine; (6) Dimethyltryptamine; (7) 4-methyl-2, 5-dimethoxyamphetamine; (8) Ibogaine; (9) Lysergic acid diethylamide; (10) Mescaline; (11) Peyote; (12) N-ethyl-3-piperidyl benzilate; (13) N-methyl-3-piperidyl benzilate; (14) Psilocybin; (15) Psilocyn; (16) Tetrahydrocannabinols; (17) 2, 5 Dimethoxyamphetamine; (18) 4-Bromo-2, 5, Dimethoxyamphetamine;

"GA1978.1.1675">

(19) 4-Methoxyamphetamine; (20) Cyanoethylamphetamine; (21) (1-Phenylcyclohexyl) Ethylamine. Section 7. Said Code Title is further amended by adding at the end of subsection (e) of Section 79A-807 of the list of controlled substances in Schedule II contained in subsection (e), the following: (5) Phencyclidine, so that when so amended, subsection (e) of Section 79A-807 shall read as follows: (e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances, included as having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Methaqualone (2) Amobarbital (3) Secobarbital (4) Pentobarbital (5) Phencyclidine. Section 8. Said Code Title is further amended by striking in paragraph (c) of Section 79A-808 the following: Phencyclidine, and renumbering subsequent paragraphs accordingly so that when so amended, subsection (c) of Code Section 79A-808 shall read as follows:

"GA1978.1.1676">

(c) Depressants. Unless specifically excepted, or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances included as having a depressant effect on the central nervous system: (1) Any compound, mixture or preparation containing amobarbital, secobarbital, pentobarbital or any salts thereof and one or more other active medicinal ingredients which are not listed in any schedule. (2) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the Board of Pharmacy for marketing only as a suppository. (3) Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof. (4) Chlorhexadol (5) Glutethimide (6) Lysergic acid (7) Lysergic acid amide (8) Methyprylon (9) Sulfondiethylmethane (10) Sulfonethylmethane (11) Sulfonmethane. Section 9. Said Code Title is further amended by striking the period at the end of subsection (b) of Code Section 79A-810 and substituting in lieu thereof a semicolon and by adding a new paragraph (6) to read as follows: (6) Not more than 2 milligrams of loperamide HCl per unit dose.,

"GA1978.1.1677">

so that when so amended, subsection (b) of Code Section 79A-810 shall read as follows: (b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethymorphine, or any of its salts, per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligarms of diphenoxylate and not less than 25 micrograms of atrophine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; (6) Not more than 2 milligrams of loperamide HCl per unit dose. Section 10. Said Code Title is further amended by striking in subsection (b) of Section 79A-821 the following: crime, and substituting in lieu thereof the following: felony, so that when so amended, subsection (b) of Code Section 79A-821 shall read as follows: (b) Any person who violates this Section is guilty of a felony and upon conviction may be imprisoned for not more than five years, fined not more than $25,000, or both.

"GA1978.1.1678">

Section 11. Said Code Title is further amended by striking in subsection (b) of Section 79A-822 the following: crime, and substituting in lieu thereof the following: felony, so that when so amended, subsection (b) of Code Section 79A-822 shall read as follows: (b) Any person who violates this Section is guilty of a felony and upon conviction may be imprisoned for not more than eight years or fined not more than $50,000, or both. 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 3, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDBUILDING MATERIALS. No. 1314 (House Bill No. 1456). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, Ex. Sess., p. 1729), an Act approved March

"GA1978.1.1679">

31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), so as to provide that the local option tax authorized for certain counties and municipalities shall not apply with respect to certain sales and uses pursuant to written construction contracts advertised for bid prior to the approval of the tax by a county or municipality; 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. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, Ex. Sess., p. 1729), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), is hereby amended by adding a new subsection at the end of Section 26A thereof, to be designated subsection (r), to read as follows: (r) (1) As used in this subsection, `building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, and any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction, or which are incorporated into construction work, pursuant to a bona fide written construction contract. (2) No tax shall be imposed by a county or municipality upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the tax by the county or municipality and the contract was entered into as a result of a bid actually submitted in response to such advertisement prior to approval of the levy of the tax. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1680">

GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED. No. 1315 (House Bill No. 1458). AN ACT To amend an Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to provide for the authorization and direction to reimburse and/or provide for certain costs incurred in training peace officers and law enforcement support personnel employed or appointed by each agency, organ or department of this State, county and municipality; to authorize the Peace Officer Standards and Training Council to develop, adopt and issue professional certificates; to provide for clarification of those persons subject to certification provisions; to repeal certain provisions relating to training costs; 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. Laws 1970, p. 208), as amended, is hereby amended by redesignating the last subsection of Section 6 as subsection (n) and by adding at the end of Section 6 two new subsections to be designated subsections (o) and (p), to read as follows: (o) To the extent that funds are appropriated for such purpose by the General Assembly, the Council is hereby authorized and directed to reimburse or provide for certain costs incurred in training peace officers and law enforcement support personnel employed or

"GA1978.1.1681">

appointed by each agency, organ or department of this State, county and municipality. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for herein, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. The terms cost and costs as used in this subsection shall not include salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition, meals and lodging which are incurred in connection with such training and shall not include travel; (p) To develop, adopt and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the Council may determine., so that when so amended, Section 6 shall read as follows: Section 6. The Council is vested with the following functions and authority: (a) To meet at such times and places as it may deem necessary; (b) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies and reports to the Council as will best assist it to carry out its duties and responsibilities; (c) To cooperate with and secure cooperation of every department, agency, or instrumentality in the State government or its political subdivisions in the furtherance of the purposes of this Act; (d) To establish criteria to be used in certifying schools authorized to conduct training required by this Act, to certify schools as authorized to conduct training required by this Act, to prescribe minimum qualifications for directors of schools certified to conduct training required by this Act, to certify such school directors, to establish minimum qualifications for instructors at schools certified to conduct training required by this Act, to train instructors, to certify instructors authorized to conduct training required by this Act, to annually reevaluate certified schools to determine if such schools shall continue to be certified and to withdraw or suspend certification of schools, school directors and instructors which fail to continue

"GA1978.1.1682">

to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification; (e) To determine whether a candidate has met the requirements of this Act and is qualified to be employed as a peace officer, and to issue a certificate to those so qualified; (f) To certify to designated law enforcement units a candidate's successful completion of the course; (g) To withdraw or suspend certification of any certified peace officer 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; (h) To do any and all things necessary or convenient to enable it to wholly and adequately perform its duties and to exercise the power granted to it; (i) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor; (j) To establish and recommend curricula for such advanced, in-service and specialized training courses as the Council shall deem advisable and to recognize the completion of such courses by the issuance of certificates; (k) To adopt in accordance with the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), such rules and regulations as are necessary to carry out the purposes of this Act; (l) To provide technical assistance as requested by law enforcement units;

"GA1978.1.1683">

(m) To provide for and administer the registration of all exempt peace officers; (n) 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; (o) To the extent that funds are appropriated for such purpose by the General Assembly, the Council is hereby authorized and directed to reimburse or provide for certain costs incurred in training peace officers and law enforcement support personnel employed or appointed by each agency, organ or department of this State, county and municipality. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for herein, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. The terms cost and costs as used in this subsection shall not include salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition, meals and lodging which are incurred in connection with such training and shall not include travel; (p) To develop, adopt and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the Council may determine. Section 2. Said Act is further amended by striking subsection (d) of Section 13 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) If, after July 1, 1975, any other employment or service is conditioned on compliance with this Act, 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 the peace officer's law enforcement unit becoming subject to the provisions herein, shall be exempt and excused from compliance so long as said registration as provided for in subsection (e) of this Section remains in effect. Notwithstanding the provisions of this subsection, the effective date of requirements for certification or registration shall be determined by the Georgia

"GA1978.1.1684">

Peace Officer Standards and Training Council based upon identification of the applicability of this Act to particular peace officers. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified by subsections (b) and (c) of this Section. Section 3. Said Act is further amended by striking in its entirety Section 15A which reads as follows: Section 15A. To the extent that funds are appropriated for such purpose by the General Assembly, the Council is hereby authorized and directed to reimburse each county and municipality in this State for the cost incurred by each such county or municipality in training its peace officers as required by this Act. The amount reimbursed to each county and municipality shall be equal to the amount paid by each county or municipality in salaries for peace officers who receive the training required by this Act during the period of time such peace officers receive such training. In the event sufficient funds are not appropriated for a fiscal year to fund the full reimbursement provided for herein, then the amount which would otherwise be payable to each county and municipality shall be reduced pro rata on the basis of the funds actually appropriated. Reimbursement to counties and municipalities for each fiscal year shall be based on training received by the peace officers of such counties and municipalities during the immediately preceding fiscal year. The Council shall be authorized to adopt and promulgate appropriate rules and regulations to carry out the provisions of this Section. Funds to carry out the provisions of this Section shall come from funds appropriated to the Department of Public Safety specifically for the purpose of carrying out the provisions of this Section. 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 3, 1978.

"GA1978.1.1685">

TEACHERS' RETIREMENT SYSTEM ACT AMENDEDCREDIT FOR CERTAIN MILITARY SERVICE. No. 1316 (House Bill No. 1459). AN ACT To amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for the granting of creditable service to certain members for service on active duty in the armed forces of the United States during certain periods; to provide for the practices and procedures in connection therewith; 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. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (6) of Section 4 a new paragraph (f), to read as follows: (f) Any other provision of this Act to the contrary notwithstanding, any member who on July 1, 1978, has twenty or more years of membership service and who was on active duty in the armed forces of the United States during the period beginning on July 1, 1946, and ending on December 31, 1948, may receive military service credit for such period of time, but shall not receive more than five years of military service credit for all military service rendered by such member, provided that such member shall pay the regular employee and employer contributions which would have been paid on the compensation first paid to him as a teacher following the completion of such military service during such period plus applicable accrued regular interest on said employee and employer contributions, compounded annually to date of payment, for any period of active military service between the period beginning on July 1, 1946, and ending on December 31, 1948. No such member shall establish credit for such military service for any period between such dates for which he has previously received credit.

"GA1978.1.1686">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. APPLIED PSYCHOLOGISTSLICENSES, ETC. No. 1317 (House Bill No. 1461). AN ACT To amend an Act providing for the licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, so as to provide for continuing education as a condition for license renewal; to provide 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 licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, is hereby amended by adding a new Section immediately following Section 16, to be designated Section 16A, and to read as follows: Section 16A. Continuing Education. The Board shall have the authority to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations concerning accreditation of continuing education programs and other educational experience and the assignment of credit for participation therein must be promulgated by the Board at least one year prior to implementation of continuing education requirements for renewal of licensure. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1687">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITYGRADUATE AND PROFESSIONAL STUDENTS. No. 1318 (House Bill No. 1463). AN ACT To amend an Act creating the Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. Laws 1969, p. 683), as amended, so as to authorize the Authority to establish and administer a program of scholarships, grants or cancellable loans for certain economically disadvantaged graduate and professional students; to authorize the Board of Regents to award such grants, scholarships or cancellable loans; to provide that certain forms of such financial assistance shall be guaranteed by the Georgia Higher Education Assistance Corporation; 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. Laws 1969, p. 683), as amended, is hereby amended by adding a new Section immediately following Section 6A, to be designated Section 6B, to read as follows: Section 6B. (a) The Authority is authorized to establish and administer a program of scholarships, grants or cancellable loans to economically disadvantaged students who are residents of Georgia enrolled in a graduate or professional degree program in a branch of the University System of Georgia. The eligibility of students and the criteria for the

"GA1978.1.1688">

award of such financial aid shall be determined by the Board of Regents. Such assistance may be awarded to the extent that funds are provided therefor in the annual Appropriations Act of the General Assembly. In the event such assistance shall be provided in the form of cancellable loans, such loans shall be guaranteed by the Georgia Higher Education Assistance Corporation. (b) The term `resident of Georgia' as used in this Section shall mean any person classified by the Board of Regents as a resident of Georgia for tuition and matriculation fee purposes. 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 3, 1978. SHERIFFS' RETIREMENT FUND OF GEORGIASECRETARY-TREASURER. No. 1319 (House Bill No. 1469). AN ACT To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28,

"GA1978.1.1689">

1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), so as to change the limitation on the compensation of the Secretary-Treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), is hereby amended by striking from Section 7 the following: $5,000.00, and inserting in lieu thereof the following: $7,500.00, so that when so amended, Section 7 of said Act shall read as follows: Section 7. There is hereby created the office of Secretary-Treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, who shall be elected and appointed by said board, and shall serve at the pleasure of said board. His compensation shall be fixed by said board not to exceed $7,500.00 per annum, and he shall have such power and authority, and shall perform such duties and services as said board may direct.

"GA1978.1.1690">

Section 2. This Act shall become effective on May 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. SHERIFFS' RETIREMENT FUND OF GEORGIABENEFITS. No. 1320 (House Bill No. 1470). AN ACT To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), so as to provide an increase in the retirement benefits for those who become eligible to receive retirement benefits after a certain date; to provide an increase in retirement for those already receiving retirement benefits and for those who become eligible to receive retirement benefits prior to a certain date; to provide for the payment of the increased benefits to those eligible to receive such benefits; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1691">

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. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), is hereby amended by striking from subsection (a) of Section 18, wherever the same appears, the following: $60.00, and inserting in lieu thereof the following: $70.00, and by striking from said subsection the following: $15.00, and inserting in lieu thereof the following: $17.50, and by striking from said subsection the following: $375.00, and inserting in lieu thereof the following: $437.50, so that when so amended, subsection (a) of Section 18 shall read as follows:

"GA1978.1.1692">

(a) Option 1 shall be known as a single-life annuity and shall provide retirement benefits in a monthly payment level for the life of the member only. Any member of the retirement fund, who, upon being approved for retirement benefits and having selected Option 1 and shall have no more than four (4) years of service credited to him under the provisions of this law, shall be paid a monthly retirement of $70.00 per month until his death. Any member who, upon being approved for retirement benefits, and shall have more than four (4) years credited to him under the provisions of this law, shall be paid a monthly retirement of $70.00, plus $17.50 per month for each additional year of service so credited to him, however, not in any case to exceed a maximum monthly sum of $437.50, such maximum monthly sum to be paid only in the event a member shall have a minimum of 25 years or more of creditable service credited to him under the provisions of this law. Section 2. Said Act is further amended by striking in its entirety subsection (g) of Section 18 and substituting 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, 1978: 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 such members or persons from and after May 1, 1978. For those members or persons eligible to receive retirement benefits from and after May 1, 1978, 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, 1978. For those members or persons already receiving retirement benefits 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

"GA1978.1.1693">

in benefits according to their years of creditable service shall be paid to such members and persons from and after May 1, 1978. Section 3. This Act shall become effective on May 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. CONSTABLES' FEES. Code Section 24-820 Amended. No. 1321 (House Bill No. 1477). AN ACT To amend Code Section 24-820, relating to fees of constables, as amended, so as to change the fees for service of summons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 24-820, relating to fees of constables, as amended, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 24-820 to read as follows: 24-820. The following shall be the fees for constables of the militia districts: Serving warrant within the boundaries of his district $5.00 Serving warrant outside boundaries of his district 5.00 Serving summons or attachment 3.50 Each return by officer 2.00 Serving each copy of summons 4.00 Summoning each witness 1.00 Attending court, for each judgment rendered 1.00 Attending trial on day other than court day 4.00 Levying Fieri Facias 2.50 Settling fieri facias, when property not sold 3.00 Returning nulla bona 2.00 Summoning jury on request 4.00 Collecting executions issued by coroners 3.00 Keeping each dog, per day 1.50 Keeping horse, mule, ox or ass per day 2.50 Keeping each head of meat cattle per day 2.50 Keeping each head of sheep, goats or hogs 1.50 All sales made by him, amount on sales commission 12% Attending grand jury, per day 5.00 Serving warrants in criminal cases 5.00 Keeping and maintaining prisoner before examination under 24 hours 4.00 Serving rule to establish lost papers 1.50 Every additional copy 1.00 Serving each order as issued by a Justice of the Peace 2.00 Each additional copy 1.00 Following property out of county, going, returning, per mile 15 Levying each distress warrant 5.00 Each advertisement 2.00 Taking bond in civil cases 2.50 Taking bond in criminal cases 2.50 Executing search warrant 5.00 Executing search warrant in house or vessel 5.00 Serving garnishment summons 2.00 Each additional copy 1.00 Summoning jury 5.00 Attending jury on appeal 2.00 Executing warrants against tenants and intruders 4.00 Serving possessory warrant 4.00.

"GA1978.1.1695">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDLOCAL OPTION TAXES. No. 1322 (House Bill No. 1485). AN ACT To amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, p. 1729), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), so as to provide certain conditions upon the authority of a municipality to levy or collect proceeds from the local option sales tax; to provide for construction; 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. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, p. 1729), an Act approved March 31, 1976

"GA1978.1.1696">

(Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), is hereby amended by striking subsection (k) of Section 26A thereof in its entirety and substituting in lieu thereof a new subsection (k) to read as follows: (k) (1) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for the year following the initial year in which it is levied, the governing authority of any municipality levying such tax or collecting any proceeds from such tax shall adjust the mill rate for ad valorem taxation for operations and maintenance of such municipality so that the revenue derived from ad valorem taxation of tangible property by such municipality shall not exceed that total received from such taxation for the previous year, less an amount which shall equal the net proceeds derived by such municipality from the tax imposed pursuant to this Section during the previous year, if such tax was imposed for an entire calendar year, or if such tax was imposed for only a fraction of a year, by an annualized amount representing the tax for the entire calendar year. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the municipality shall in no way be reduced or affected. 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. (2) If, as a result of the foregoing paragraph, the mill rate levied for municipal operation and maintenance on tangible property shall be reduced to zero or if no ad valorem tax is levied upon tangible property by a municipality, then any funds derived from the tax authorized by this Act which remain in the general fund of such municipality may be expended by the governing authority of such municipality for any lawful governmental purpose, including the retirement of bonded indebtedness. (3) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for the years following the year after the initial year in which it is levied, the municipality shall adjust annually the mill rate for

"GA1978.1.1697">

municipal ad valorem taxation of tangible personal property as provided in this paragraph. The municipal governing authority shall compute the mill rate necessary to produce revenue from taxation of tangible property in the municipality which, when combined with other revenues reasonably expected to be received by the municipality during the year other than revenues derived from the tax imposed pursuant to this Section, would provide revenues sufficient to defray the expenses of the municipality for the year. The mill rate so ascertained shall then be reduced by a mill rate which, if levied against the tangible property within the municipality, would produce an amount equal to the proceeds of the tax levied under this Section which were received by the municipality during the preceding year. The tax bill of each ad valorem taxpayer in the municipality shall show in a prominent manner the total mill rate first computed in this paragraph and shall show such mill rate reduced by the mill rate computed as the mill rate required to raise an amount of revenue equal to the proceeds of the sales tax during the previous year. The remainder shall be the mill rate upon which the taxpayer's bill is based. (4) The taxing authority of each municipality coming under the provisions of this Section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of municipal ad valorem property taxes which such taxpayer has received as a result of such municipality coming under the provisions of this Section. (5) The provisions of this subsection shall not be construed so as to require that a municipality prepare and mail and valorem property tax bills when the ad valorem property tax mill rate in the municipality has been reduced to zero as a result of the receipt of proceeds from the tax levied pursuant to this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1698">

STATE PERSONNEL BOARDHEALTH INSURANCE FOR RETIRED PUBLIC SCHOOL TEACHERS. No. 1323 (House Bill No. 1493). AN ACT To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), so as to extend coverage to retired teachers; to provide for the financing of the health insurance plan for retired teachers; to provide for administrative costs; to delete certain language relating to rejection of coverage; 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 authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), is hereby amended by adding a new Section 6A immediately following Section 6, to read as follows: Section 6A. The contract or contracts shall provide for health insurance for retired public school teachers and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. Such retired teachers shall pay premiums in the same amount and under the same conditions as teachers pay. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired teachers or may be appropriated to the State Department of Education. The board shall adopt regulations prescribing the conditions under which a retired employee may elect to participate in or withdraw from the plan. Section 2. Said Act is further amended by striking subsection (b) of Section 12 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) All persons who become employees as defined in this Act, on or after the `employer commencement date', and who are eligible

"GA1978.1.1699">

as specified by rules and regulations of the Board, shall as a condition of their employment become members of this health insurance plan authorized by this Act, except that, any such employee in State service prior to the `employer commencement date', who is otherwise eligible in accordance with rules and regulations of the Board, shall have an option to elect coverage in the health insurance plan. Section 3. (a) Section 1 of this Act shall become effective on January 1, 1979, in the event a constitutional amendments is ratified at the November 1978 general election authorizing the General Assembly to provide by law for a health insurance plan for retired public school teachers. In the event such amendment is not ratified, the cost of employees' and employers' contributions and the administration of providing such insurance may be assessed against such retired teachers. (b) Section 2 of this Act shall become effective upon the approval of this Act 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 3, 1978.

"GA1978.1.1700">

REVENUETAX RETURNS IN CERTAIN COUNTIES (10,450-10,650). Code Section 92-6201 Amended. No. 1324 (House Bill No. 1498). AN ACT To amend Code Section 92-6201, relating to time for making tax returns, so as to specify the time for making tax returns 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; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-6201, relating to time for making tax returns, is hereby amended by adding a new paragraph at the end thereof to read as follows: In all 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, the officer authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on February 28 each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1701">

DEPARTMENT OF ADMINISTRATIVE SERVICESSURPLUS PROPERTIES. Code Section 40-1902 Amended. No. 1325 (House Bill No. 1500). AN ACT To amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, so as to authorize the Commissioner of the Department of Administrative Services 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 Pub. L. 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; to transfer personnel, property and records from the State Board of Education to the Department of Administrative Services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, is hereby amended by adding a new subsection I and a new subsection J at the end thereof to read as follows: I. To establish and operate the State agency for surplus property for the purpose of distributing surplus properties made available by the federal government under the provisions of Pub. L. 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 Commissioner may enter into or authorize the aforesaid State agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the State agency. The Commissioner is authorized to enter into contracts with other State, local or federal agencies or with other persons with respect to the construction, operation, maintenance, leasing or rental of a facility for use by the State agency. Further,

"GA1978.1.1702">

the Commissioner may acquire real or personal property for such purposes. J. All personnel, personal property, including records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other similar property, under the control of the State Board of Education and used for the direct support and operation of the State agency for surplus property are hereby transferred to the Department of Administrative Services. Each State Officer or employee affected under this Act shall be entitled to all rights which he possessed as a State Officer or employee before the effective date of this Act, including 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 law or administrative policy. This subsection is not intended to create any new rights for any State Officer or employee, but to continue only those rights in effect before the effective date of this Act. Section 2. An Act known as the Adequate Program for Education in Georgia, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by striking Section 59 in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1703">

TAX COLLECTORS AND TAX COMMISSIONERSBONDS. Code Section 92-4801 Amended. No. 1326 (House Bill No. 1503). AN ACT To amend Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county; to provide limitations; 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 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-4801 to read as follows: 92-4801. Amount and conditions of bonds. (a) Tax collectors and tax commissioners shall give bond and security for 40 percent of the State tax supposed to be due from the county for the year for which said officer is required to give bond, the amount of bond to be filled up by the State Revenue Commissioner before being sent out to the county from the executive office. The bond so required shall not exceed $50,000. (b) Tax collectors and tax commissioners shall give a bond with sufficient security, payable to the county governing authority, conditioned for the faithful performance of his duties as tax collector or tax commissioner for the collection of the county tax, in a sum to be fixed by the county governing authority. The bond required on behalf of the county shall not exceed $100,000. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.1704">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. CLERKS OF SUPERIOR COURTSDEPOSIT OF FUNDS IN REGISTRY OF COURT. No. 1327 (House Bill No. 1504). AN ACT To amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court, approved March 21, 1970 (Ga. Laws 1970, p. 599), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 976), so as to authorize superior court clerks in all counties to deposit certain funds deposited in the registry of the court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court, approved March 21, 1970 (Ga. Laws 1970, p. 599), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 976), is hereby amended by adding a new Section after Section 2 thereof, to be designated Section 2A, to read as follows: Section 2A. Each clerk of the superior court may deposit funds paid into the court registry, when it is not contemplated that the funds will be held longer than 30 days, in an interest bearing account in a bank or other financial institution authorized to do business in this State.

"GA1978.1.1705">

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 3, 1978. FORECLOSURE OF MORTGAGES ON PERSONALTY. Code Chapter 67-7 Amended. No. 1328 (House Bill No. 1506). AN ACT To amend Code Chapter 67-7, relating to the manner of foreclosure of mortgages on personalty, as amended, so as to provide for the giving of oaths in certain cases in which the person holding a security interest is not a resident of the county where the debtor resides or where the secured property may be found; to change certain practices and procedures; to change the provisions relating to the issuance of summons; to amend an Act delimiting the effect of open-end clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), so as to further define and clarify the meaning of the term original party; 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 67-7, relating to the manner of foreclosure of mortgages on personalty, as amended, is hereby amended by adding at the end of Code Section 67-702, the following:

"GA1978.1.1706">

If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property may be found, any oath required by this Section may be made before a judge of any court of record within this State and forwarded, with the petition, to the appropriate judge, justice of the peace or clerk in the county where the debtor may reside or where the secured property may be found., so that when so amended Code Section 67-702 shall read as follows: 67-702. Petition for Writ of Possession. Upon statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the same may petition, either in person or by his agent or attorney in fact or at law, for a writ of possession before any judge of the superior court, or any justice of the peace, or any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property may be found. If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property may be found, any oath required by this Section may be made before a judge of any court of record within this State and forwarded, with the petition, to the appropriate judge, justice of the peace or clerk in the county where the debtor may reside or where the secured property may be found. Section 2. Said Code Chapter is further amended by striking from Code Section 67-703, the following: before whom it was made, so that when so amended Code Section 67-703 shall read as follows: 67-703. Summons to Be Served on Defendant. When the petition provided for in Section 67-702 shall be made, the judge, justice or clerk shall grant and issue a summons to the sheriff, or his deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property may be found. Service shall be made by said officer delivering a copy of the summons attached to a copy of the petition to the defendant personally, or if said officer is unable to serve the defendant personally service may be had by delivering said summons and petition to any person sui juris residing

"GA1978.1.1707">

on the premises or, after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and petition on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class mail a copy of said summons and petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in said case. It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest. The summons served on the defendant pursuant hereto shall command and require the defendant to appear at a hearing on a day certain fixed by such judge, justice or clerk not less than seven days from the date the summons was served. Section 3. Said Code Chapter is further amended by striking Code Section 67-704 in its entirety and inserting in lieu thereof a new Code Section 67-704 to read as follows: 67-704. Answer and Trial. At or before the time of hearing, the defendant may answer in writing. Also, the defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed by the court on the petition. The answer may contain any legal or equitable defense or counterclaim. If the defendant fails to answer on or before the date of the hearing, the defendant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of Section 55 of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609), as now or hereafter amended. If the seventh day is a Saturday, Sunday or legal holiday, then the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. If the defendant fails to answer or open the default, the court shall grant a writ of possession and, if otherwise permitted by this Chapter, the plaintiff shall be entitled to a verdict and judgment by default for all of the amount due, together with costs, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 67-702 were supported by proper evidence without the intervention of a jury. If the defendant answers, a trial of any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record. The trial shall not be held before seven days have elapsed from the date of the hearing. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain

"GA1978.1.1708">

in possession of the secured property pending the final outcome of the litigation, provided that the defendant complies with the provisions of Section 67-705. Section 4. An Act delimiting the effect of open-end clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), is hereby amended by adding at the end of Section 1 the following: The term `original party' as used herein shall include, without limitation, any bank, trust company, or other corporation into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated., so that, when so amended, Section 1 shall read as follows: Section 1. That the operation of `open-end' clauses contained in real estate mortgages or deeds conveying realty as security for a debt which clauses provided that such instruments or the property thereby conveyed secured, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mortgagor or grantor is limited to other debts or obligations arising ex contractu (as distinguished from ex delicto) between the original parties to such security instrument. The term `original party' as used herein shall include, without limitation, any bank, trust company, or other corporation into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated. 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 3, 1978.

"GA1978.1.1709">

PLANNING COMMISSIONS ACT AMENDEDTRANSFER OF LOTS IN UNAPPROVED SUBDIVISIONS. No. 1329 (House Bill No. 1507). AN ACT To amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, so as to change the provisions relating to subdivision regulation and the penalties for transferring lots in unapproved subdivisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, is hereby amended by striking from the first sentence of Section 19 the following: or agrees to sell or negotiate to sell, so that when so amended Section 19 shall read as follows: Section 19. Subdivision Regulation: Penalties for Transferring Lots in Unapproved Subdivisions. The owner or agent of the owner of any land to be subdivided within the municipality or county who transfers or sells such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the municipal planning commission, the county planning commission, or the municipal-county planning commission and recorded in the office of the clerk of the superior court in the county, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer shall not exempt the transaction from such penalties. The municipality or county, through its attorney or other official designated by the governing authority of the municipality or the governing authority of the

"GA1978.1.1710">

county, may enjoin such transfer or sale or agreement by appropriate action. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. BANKS AND BANKINGBRANCH BANKS. Code Section 13-203 Amended. No. 1330 (House Bill No. 1508). AN ACT To amend Code Section 13-203, relating to branch banks, as amended, so as to provide for the establishment of branch banks through merger, consolidation or sale of assets under certain conditions; to provide for procedures connected therewith; to provide for an effective date; to repeal subsection (f) of Code Section 13-203.1, relating to the establishment of a branch bank through merger, consolidation or sale of assets under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 13-203, relating to branch banks, as amended, is hereby amended by adding at the end of subsection (c) a new subparagraph, to be designated subparagraph (3), to read as follows: (3) (A) A branch bank may be established through merger, consolidation or sale of assets pursuant to the provisions of Chapters 41A-24, 41A-25 or 41A-26 of the Financial Institutions Code of Georgia if (i) one of the parties to the merger, consolidation

"GA1978.1.1711">

or sale of assets is a failed bank and if (ii) (aa), in the event that the other party presently maintains a parent bank or a branch bank in a county adjacent to the county of the failed bank, all qualified banks having a parent bank or a branch bank in the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bank or (bb), in the event that the other party is a bank domiciled in this State which does not maintain a parent bank or a branch bank in a county adjacent to the county of the failed bank, all qualified banks having a parent bank or a branch bank in either the county of the failed bank or a county adjacent to the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bank. (B) For the purposes of this subparagraph, a bank shall be deemed to be a failed bank if the Commissioner and the appropriate federal regulatory authority have determined that the bank (i) is insolvent or in an unsafe or unsound condition to transact its business or (ii) has generally suspended payment of its obligations without authority of law. (C) For the purposes of this subparagraph, a bank shall be deemed to be qualified to merge or consolidate with, or acquire the assets of, a failed bank, only if the Commissioner and the appropriate federal regulatory authority have determined that the bank possesses sufficient capital and management resources to enable it to operate safely and soundly following the proposed merger, consolidation or sale of assets. (D) For the purposes of this subparagraph, a bank shall be deemed to be unwilling to merge or consolidate with, or acquire the assets of, a failed bank if it does not, within a reasonable time as determined by the Commissioner, match the best offer made by any qualified bank to merge or consolidate with, or acquire the assets of, the failed bank. The Commissioner may prescribe procedures for determining the best offer to merge or consolidate with, or acquire the assets of, the failed bank, including but not limited to the submission of sealed bids, for determining which of the banks located in the county of the failed bank, or in counties adjacent to the county of the failed bank, shall be entitled to attempt to match the best offer, and for determining whether a subsequent offer matches the best offer.

"GA1978.1.1712">

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Subsection (f) of Code Section 13-203.1, relating to the establishment of a branch bank through merger, consolidation or sale of assets under certain conditions, is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDEDINTERNATIONAL BANK AGENCIES. No. 1331 (House Bill No. 1509). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to authorize certain banks to maintain representative offices in this State; to authorize certain international bank agencies to maintain representative offices in this State; to provide for the registration of representative offices with the Department of Banking and Finance; to authorize the Department of Banking and Finance to review the operations of representative offices; 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 a new Code Chapter 41A-27 at the end of Part II, to read as follows:

"GA1978.1.1713">

CHAPTER 41A-27. REPRESENTATIVE OFFICES OF BANKS DOMICILED OUTSIDE STATE. 41A-2701. Representative offices. (a) Any bank domiciled outside this State and operating under the laws of the United States or any state or territory of the United States which does not transact a banking business or any part thereof in or through an office in this State but maintains an office in this State for other purposes shall be deemed to be a `representative office'. (b) Each representative office located in this State shall register with the Department of Banking and Finance annually on forms prescribed by the Department. Such registration shall be filed before January 31 of each year, shall be accompanied by a registration fee prescribed by Regulations of the Department, and shall list the name of the local representative, the street address of the office, and the nature of the business to be transacted in or through the office. (c) The Department may review the operations of any representative office annually or at such greater frequency as it deems necessary to assure that the office does not transact a banking business. Section 2. Said Code Title is further amended by adding a new Code Section 41A-3312 at the end of Code Chapter 41A-33, to read as follows: 41A-3312. International representative offices. (a) An international bank agency which does not transact a banking business or any part thereof in or through an office in this State but maintains an office in this State for other purposes shall be deemed to be an `international representative office'. (b) Each international representative office located in this State shall register with the Department of Banking and Finance annually on forms prescribed by the Department. Such registration shall be filed before January 31 of each year, shall be accompanied by a registration fee prescribed by Regulations of the Department, and shall list the name of the local representative, the street address of the office, and the nature of the business to be transacted in or through the office.

"GA1978.1.1714">

(c) The Department may review the operations of any international representative office annually or at such greater frequency as it deems necessary to assure that the office does not transact a banking business. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDEDDAYS OF OPERATION, ETC. No. 1332 (House Bill No. 1510). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide that any financial institution may close one day each week in addition to Sundays and other legal holidays; to provide that any act authorized, required or permitted to be performed at or by any financial institution on a day when it is closed may be performed on the next succeeding business day; to provide that no liability or loss of rights shall result from such delay; to provide for the posting of a notice by any financial institution which changes its permissive closing day; to provide for emergency closings by financial institutions; to authorize the Department of Banking and Finance to declare banking emergencies in specific cases; to provide that the Department of Banking and Finance shall have the authority to order any one or more financial institutions to restrict all or any part of their business during the period of any emergency proclaimed by the Governor; to provide that no liability shall be incurred by any financial institution during any period of emergency declared by the Governor or the Department; to repeal specific laws; to repeal conflicting laws; and for other purposes.

"GA1978.1.1715">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by striking the title to Code Chapter 41A-5, relating to emergencies and voluntary liquidations, and inserting in lieu thereof the following: CHAPTER 41A-5. PERMISSIVE CLOSING DAYS, EMERGENCY CLOSINGS, BUSINESS RESTRICTIONS AND VOLUNTARY LIQUIDATIONS. Section 2. Said Code Title is further amended by striking Code Section 41A-501 in its entirety and inserting in lieu thereof a new Code Section 41A-501, to read as follows: 41A-501. Permissive closing days. Any financial institution may remain closed one day each week in addition to Sundays and other legal holidays, and any act authorized, required or permitted to be performed at or by any such financial institution on a day when it is closed may be performed on the next succeeding business day, and no liability or loss of rights of any kind shall result from the delay. Any financial institution changing its permissive closing day, temporarily or otherwise, shall post a notice of the change and the effective date thereof in a conspicuous place at each location affected by the change at least 30 days preceding the date of the change. Section 3. Said Code Title is further amended by renumbering Code Sections 41A-502 through Code Sections 41A-506 as Code Sections 41A-504 through Code Sections 41A-508, respectively. Section 4. Said Code Title is further amended by adding a new Code Section 41A-502, to read as follows: 41A-502. Emergency closings. Whenever it appears to the Governor that the welfare of the State or any region thereof, or the welfare and security of any financial institution or the lives of the employees of the financial institution, or the safety of the funds of depositors and property of the shareholders are endangered or placed in jeopardy by any impending or existing emergency or other catastrophe including, but not limited to, economic crises, hurricanes, tornadoes, fire hazards or civil disorders, the Governor may

"GA1978.1.1716">

proclaim that a financial emergency exists, and that any financial institution or type of financial institution shall be subject to special regulation as herein provided until the Governor, by a like proclamation, declares the period of such emergency to have terminated. The Department may also declare banking emergencies in specific cases for cause shown, but its declaration shall not remain in effect for more than 24 hours or until terminated by the Governor, whichever occurs first. Section 5. Said Code Title is further amended by adding a new Code Section 41A-503, to read as follows: 41A-503. Business restrictions. (a) During the period of any financial emergency proclaimed by the Governor, the Department in addition to all of the powers conferred upon it by law shall have the authority to order any one or more financial institutions to restrict all or any part of their business and to limit or postpone for any length of time the payment of any amount or proportion of the deposits in any of the departments of the financial institutions as it may deem necessary or expedient. The Department may further regulate the payments of such financial institutions as to time and amount, as in its opinion the interest of the public or of such financial institutions or the depositors thereof may require. (b) No liability or loss of any rights of any kind shall be incurred by any financial institution during any emergency period declared by the Governor or the Department, by reason of the delay in the payment of any item, or by the return or transmission of any item or document if such delay is caused by orders of the Governor or the Department, interruption of communication facilities, suspension of payments by another financial institution, war or emergency conditions or other circumstances beyond the control of the financial institution if it exercises such diligence as the circumstances require. Section 6. (a) Code Section 14-1809-a, relating to permissive holidays by banks and trust companies, approved March 27, 1947 (Ga. Laws 1947, p. 1171), as amended by an Act approved February 11, 1949 (Ga. Laws 1949, p. 532), is hereby repealed in its entirety.

"GA1978.1.1717">

(b) Code Section 14-1811, relating to banking emergency, approved April 10, 1971 (Ga. Laws 1971, p. 812), is hereby repealed in its entirety. (c) Code Section 14-1812, relating to banking restrictions, approved April 10, 1971 (Ga. Laws 1971, p. 812), is hereby repealed in its entirety. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED. No. 1333 (House Bill No. 1511). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to authorize the Department of Banking and Finance to initiate appropriate action whenever it shall appear to the department that any person or corporation is conducting business as a financial institution without authority; to provide for the issuance of renewal certificates by the Secretary of State when extensions are granted by the department for name reservations; to redefine the term trust company; to authorize building and loan associations or savings and loan associations to execute safe deposit agreements with depositors; to change the provisions relating to financing involving directors or officers; to provide that affidavits by newspaper publishers or agents attesting to the publication required when State banks are merged or consolidated shall be filed with the Secretary of State instead of the department; to change the procedure for notification by the department to the Secretary of State and by the Secretary of State to the resulting bank or

"GA1978.1.1718">

trust company when mergers or consolidations are approved; to increase the bond of certain licensees engaged in the business of selling or issuing checks; to authorize the department to request additional coverage for the adequate protection of check holders; to authorize the department to grant a single license naming both the seller and issuer of checks as joint licensees; to change the penalty for certain crimes involving any person or corporation, including any financial institution or its directors, officers, agents or employees; 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 a new Code Section 41A-410 at the end of Code Chapter 41A-4, to read as follows: 41A-410. Unauthorized activity as a financial institution. Whenever it shall appear to the department that any person or corporation is conducting business as a financial institution without authority pursuant to Code Title 41A, the department may determine for purposes of Chapters 41A-4, 41A-7, 41A-8 and 41A-9 that such person or corporation is a financial institution as defined in Section 41A-102(u). Section 2. Said Code Title is further amended by striking subsection (b) of Code Section 41A-602 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) Such reservation may be made by filing with the Secretary of State an application in duplicate to reserve a specified name. The Secretary of State shall send a copy of the application to the department. If the department concludes that the use of the name complies with the requirements of Section 41A-601 and is otherwise consistent with the purposes and provisions of this Code, it shall give its written assent to the Secretary of State who shall then reserve the name for the exclusive use of the applicant for a period of six months. An extension of this period may be granted by the department for good cause shown. The Secretary of State shall be notified of such extension by the department, and he shall forthwith issue a renewal certificate of the name reservation to the applicant.

"GA1978.1.1719">

Section 3. Said Code Title is further amended by striking subsection (b) of Code Section 41A-1104 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) Except as provided in subsection (c), no person or corporation except: (i) a trust company or a national bank lawfully authorized to exercise trust powers or any subsidiary thereof; or (ii) a corporation lawfully owning the majority of the voting stock of any such trust company or national bank, or any subsidiary of such a corporation, shall use the words `trust company' or any similar name indicating that the business done is that of a trust company upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements or any other written or printed matter. Section 4. Said Code Title is further amended by striking Code Section 41A-1608 in its entirety and inserting in lieu thereof a new Code Section 41A-1608, to read as follows: 41A-1608. Agreements concerning safe deposit. A bank, trust company, building and loan association or savings and loan association may receive property for safe deposit and rent out receptacles and safe deposit boxes on the terms and conditions prescribed by it, but such terms and conditions shall not bind any customer to whom the bank, trust company, building and loan association or savings and loan association does not give notice thereof either by delivery of a copy or by posting in its offices where such receptacles or safe deposit boxes are located, or who does not otherwise agree to such terms and conditions. Section 5. Said Code Title is further amended by striking Code Section 41A-2212 in its entirety and inserting in lieu thereof a new Code Section 41A-2212, to read as follows: 41A-2212. Financing involving directors or officers. (a) Except as provided in subsection (b), a bank or trust company shall not make loans or otherwise extend financing to one of its directors or officers which in aggregate amount exceeds the principal sum of $15,000.

"GA1978.1.1720">

(b) A bank or trust company may, subject to other restrictions imposed by law or its articles or bylaws, make loans to a director or officer without regard to the limitation of subsection (a) if each such loan is approved in advance by the board of directors or a committee thereof authorized to act for the board, and if each such loan is either: (1) secured by deposits in the bank or trust company, or cash surrender value of life insurance in an amount equal to, or by other collateral with a market value of at least 20 percent more than, the amount of the loan; or (2) conforms with the requirements of a real estate loan under Section 41A-1307 and regulations issued pursuant thereto; or (3) an extension of credit not at any time exceeding $20,000 for the purpose of financing the education of a child or children of a director or officer; provided that no director shall be eligible to vote on a loan to himself under this subsection. Section 6. Said Code Title is further amended by striking subsection (b) of Code Section 41A-2404 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) The parties to the plan shall publish, in the manner required by Section 41A-108, a notice of the proposed merger or consolidation. Such notice shall contain the names of the institutions which are parties to the proposed merger or consolidation and the proposed name of the surviving bank or trust company and shall designate a place where a copy of the articles of merger or consolidation may be examined. The notice shall be published in each county in which the parties to the plan have offices engaged in the banking or trust business, or in the case of a party which is not a bank or trust company, in the county where the registered office of the corporation, if any, is located. The parties shall file with the Secretary of State an affidavit of the newspaper publisher or his agent attesting that the publication required by this subsection has occurred.

"GA1978.1.1721">

Section 7. Said Code Title is further amended by striking Code Section 41A-2406 in its entirety and inserting in lieu thereof a new Code Section 41A-2406, to read as follows: 41A-2406. Procedure after approval by the department; issuance of certificate of merger or consolidation. (a) If the laws of the United States required the approval of the merger or consolidation by any Federal agency, the department may at its option, after its approval, retain its notice to the Secretary of State until it receives notice of the decision of such agency. If such agency shall refuse to give its approval, the department may at its option notify the parties to the plan that the department's approval has been rescinded for that reason. If such agency gives its approval, the department shall deliver its written approval to the Secretary of State for issuance of a certificate of merger or consolidation by the Secretary of State and shall notify the parties to the plan. (b) If all the taxes, fees and charges required by law shall have been paid and if the name of the resulting bank or trust company continues to be reserved or is available on the records of the Secretary of State, upon receipt of the written approval of the department, the Secretary of State shall issue to the resulting bank or trust company a certificate of merger or consolidation with the approved articles of merger or consolidation attached thereto and shall retain a copy of such certificate, articles, and approval by the department. Section 8. Said Code Title is further amended by striking paragraph (2) of subsection (b) of Code Section 41A-3204 in its entirety and inserting in lieu thereof a new paragraph (2), to read as follows: (2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this State and approved by the department. The bond shall be in the principal sum of $100,000, and in an additional principal sum of $5,000 for each location, in excess of one, at or through which the applicant proposes to engage in this State in the business of selling or issuing checks until the principal sum shall aggregate $250,000; provided, the department may require additional coverage for the adequate protection of check holders if the average daily balances outstanding exceed $250,000 when the department conducts its annual examination and review. If required by the department, the addditional

"GA1978.1.1722">

coverage shall be limited to $1,250,000 or the average daily balances outstanding in the State of Georgia for the preceding year, whichever is lesser. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any check holders against the licensee or his agents. The condition of the bond shall be that the licensee will pay any and all moneys that may become due and owing any creditor of or claimant against the licensee arising out of the licensee' business of selling or issuing checks in this State, whether through its own act or the acts of an agent. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. Claimants against the licensee may themselves bring suit directly on the bond; provided, however, that the liability arising hereunder shall be limited with respect to the receipt, handling, transmission and payments of money arising out of the licensee's business of selling or issuing checks in this State. Section 9. Said Code Title is further amended by striking Code Section 41A-3205 in its entirety and inserting in lieu thereof a new Code Section 41A-3205, to read as follows: 41A-3205. Investigation; granting of licenses. Upon the filing of the application in due form, accompanied by the documents and fee prescribed in Section 41A-3204, the department shall conduct an investigation to determine if the criteria established by Section 41A-3203 have been satisfied. If the department determines to its satisfaction that the criteria of Section 41A-3203 have been met, it shall issue to the applicant a license to engage in the business of selling and issuing checks in this State. A license issued pursuant to this Chapter shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended or revoked pursuant to this Chapter. Where a corporation engages only in the business of selling checks issued by another corporation which is primarily obligated for payment of the checks and the seller is a wholly owned subsidiary of or is wholly owned by the sole corporate shareholder of the issuer, the department may grant a single license naming both the seller and issuer as joint licensees. In such cases, only a single license fee shall be collected and only one corporate surety bond pursuant to Section 41A-3204 may be required where such bond names both the seller and issuer.

"GA1978.1.1723">

Section 10. Said Code Title is further amended by striking Code Section 41A-9908 in its entirety and inserting in lieu thereof a new Code Section 41A-9908, to read as follows: 41A-9908. Miscellaneous crimes. (a) Any person or corporation, including any financial institution or its directors, officers, agents or employees, who shall perform the following acts or deeds shall be guilty of a felony: (1) publishes or causes to be published any false statement, expressed either by printing or writing, or signs, pictures, or the like, of or concerning any financial institution as to the assets or liabilities of said financial institution, or as to its solvency or ability to meet its obligations, or as to its soundness or who shall publish or cause to be published any other false statement so expressed, calculated to affect the credit or standing of said financial institution, or to cast suspicion upon its solvency, soundness, or ability to meet its deposits or other obligations in due course; (2) falsely circulates any report, or makes any false oral statement as to the assets or liabilities of a financial institution, or as to its solvency or ability to meet its obligations, or as to its soundness, or who shall make any other false oral statement calculated to affect the credit or standing of said financial institution, or ability to meet its deposits or other obligations in due course; (3) willfully engages in the business of: (i) a bank in violation of Section 41A-1102; (ii) a trust company in violation of Section 41A-1103; (iii) a credit union before receiving a permit to do business under Section 41A-3004; (iv) selling checks before receiving a license as required by Section 41A-3202; (v) an international bank agency before receiving the permit required by Section 41A-3304;

"GA1978.1.1724">

(vi) a business development corporation before approval of the department is granted under Section 41A-340; and (vii) a building and loan association before its articles are approved pursuant to Section 41A-3505;and (4) being an agent of a licensee, or such agent's employee, who is authorized to sell or issue checks on behalf of a licensee, issues checks directly or indirectly to or for his own benefit, or who sells or issues checks without accepting funds therefor, or sells or issues checks and willfully fails to remit to the licensee the proceeds from the sale or issuance of such checks, within five business days from the date of such sale or issuance. (b) Upon conviction hereunder such person or corporation shall be punished by imprisonment for not less than one nor more than five years or fined $10,000, but on the recommendation of the jury trying the case, when such recommendation is approved by the judge presiding on the trial, such crime shall be punished as a misdemeanor. If the judge trying the case sees proper, he may, in fixing the punishment, reduce such felony to misdemeanor. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1725">

GEORGIA EDUCATIONAL IMPROVEMENT COUNCILQUORUM, ETC. No. 1334 (House Bill No. 1519). AN ACT To amend an Act creating the Georgia Educational Improvement Council, approved March 18, 1964 (Ga. Laws 1964, p. 711), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1248), so as to change the provisions relative to a quorum for the transaction of the business of the Council; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Educational Improvement Council, approved March 18, 1964 (Ga. Laws 1964, p. 711), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1248), is hereby amended by striking from subsection (b) of Section 1 the following: and six members shall constitute, and inserting in lieu thereof the following: including the establishment of, so that when so amended said subsection (b) shall read as follows: (b) The Council shall perfect its own organization including the establishment of a quorum for the transaction of any business before 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 3, 1978.

"GA1978.1.1726">

APPROPRIATIONSEXPENDITURE OF FUNDS FOR COMMON SCHOOLS. Code Section 32-935 Repealed. No. 1335 (House Bill No. 1520). AN ACT To repeal Code Section 32-935, relating to the expenditure of a certain percentage of State revenues for the support and maintenance of the common schools; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 32-935, relating to the expenditure of a certain percentage of State revenues for the support and maintenance of the common schools, is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. HEALTHHEARING SCREENING OF INFANTS. Code Chapter 88-33 Enacted. No. 1336 (House Bill No. 1526). AN ACT To amend Code Title 88, relating to public health as amended, so as to provide for public policy; to provide for the development of evaluation and follow-up procedures for the detection of hearing impairments

"GA1978.1.1727">

in certain high-risk infants; to provide for evaluations; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 88, relating to public health, as amended, is hereby amended by adding at the end thereof a new Chapter to be designated Chapter 88-33, to read as follows: CHAPTER 88-33. HEARING SCREENING OF INFANTS. 88-3301. Detection of hearing impairments; policy. It shall be the public policy of this State that newborn infants in certain high-risk categories be evaluated for the detection of hearing impairments in order to prevent many of the consequences of these disorders. 88-3302. Detection of hearing impairments; evaluations. The Department of Human Resources shall develop guidelines for evaluation and follow-up procedures for the detection of hearing impairments in infants determined by the Department to be in those high-risk categories in which the likelihood of such impairments is greatest and shall develop rules and regulations to insure that all such high-risk infants are evaluated within one year of their birth. No such evaluation shall be made as to any newborn infant if the parents or legal guardian of said child objects thereto on the grounds that such a test would conflict with their religious tenets or practices. Section 2. This Act shall become effective no later than six months after the General Assembly appropriates funds for the implementation of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1728">

HEARING AID DEALERS AND DISPENSERS. Code Chapter 84-56 Enacted, Code Section 84-9982 Enacted. No. 1337 (House Bill No. 1527). AN ACT To amend Code Title 84, relative to professions, businesses and trades, as amended, so as to provide for the regulation of the dispensing of hearing aids; to provide a short title; to provide for a declaration of policy; to provide certain prohibitions; to define certain terms; to require a bill of sale; to provide for exemptions; to provide for the issuance of licenses and the cost for the licenses; to provide for nonresident licenses; to provide for licenses by examination; to provide for temporary permits; to require notice to the Joint Secretary of the place of practice; to provide for biennial renewal of licenses, fees and effect of failure to renew; to require continuing education; to create the Board of Hearing Aid Dealers and Dispensers; to provide the powers and duties of the Board; to require meetings of the Board; to provide grounds for denial, nonrenewal, suspension or revocation of licenses or permits; to provide the procedure for contested cases; to authorize equitable proceedings; to provide powers and duties of the Joint Secretary; to provide criminal penalties for violating Code Chapter 84-56; to provide that active licenses issued by the Board existing prior to the effective date of this Act shall not be invalidated; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 84, relative to professions, businesses and trades, as amended, is hereby amended by adding thereto a new Code Chapter to be designated Code Chapter 84-56 to read as follows:

"GA1978.1.1729">

CHAPTER 84-56. GEORGIA HEARING AID DEALERS AND DISPENSERS ACT. 84-5601. Short title. This Chapter may be cited as the `Georgia Hearing Aid Dealers and Dispensers Act.' 84-5602. Declaration of policy. The purpose and intent of this Chapter is to establish and enforce standards of competence and ethics in the dispensing of hearing aid devices or instruments (for profit or otherwise) and to protect the public from the dispensing of hearing aids (for profit or otherwise) by unskilled or unprincipled persons. 84-5603. Prohibitions. It is unlawful for any person or firm to engage in the practice of dispensing hearing aids, as defined in this Chapter, in the State of Georgia without having a valid license issued under this Chapter. No person or firm except those exempted in Code Section 84-5606 shall engage in the practice of dispensing hearing aid devices or instruments or display a sign or in any way advertise or represent himself or any firm as practicing the dispensing of hearing aid devices or instruments in Georgia unless such person holds an unsuspended, unrevoked license issued by the Board of Hearing Aid Dealers and Dispensers, as hereinafter defined. A dispenser's license issued under this Chapter shall entitle the holder to dispense hearing aid devices or instruments under the supervision of a licensed dealer. The dealer's license issued under this Chapter shall permit and require the holder to establish and operate an establishment open to the public for the purpose of dispensing hearing aids and providing follow-up services. No firm shall engage in the practice of dispensing hearing aid devices or instruments or display a sign or in any way advertise or represent itself as dispensing hearing aid devices or instruments in Georgia unless each office or location is staffed by a person who holds a valid dispenser's license issued under this Chapter. Duplicate dealers' licenses shall be issued by the Joint Secretary on behalf of the Board of Hearing Aid Dealers and Dispensers to valid license holders operating more than one office or place of practice upon the payment of an additional dealer's license fee for each location, provided each such location shall be staffed and supervised by a person holding a valid dispenser's license issued under this Chapter. Each and every dealer's license and dispenser's license required by this Chapter shall be conspicuously posted at each location and place of practice at all times

"GA1978.1.1730">

as may be required by regulations established by the Board of Hearing Aid Dealers and Dispensers. 84-5604. Definitions. (a) `Joint Secretary' shall mean the secretary appointed by the Secretary of State under the Act creating the State Examining Boards and charged with administering the State Examining Boards in the State of Georgia. (b) `License' shall mean any license issued by the Board of Hearing Aid Dealers and Dispensers or by the Joint Secretary on behalf of the Board of Hearing Aid Dealers and Dispensers under this Chapter to hearing aid dealers or to hearing aid dispensers. (c) `Dealer's license' shall mean the license required for each office, store or location established or maintained for the dispensing of hearing aid devices or instruments in the State of Georgia. (d) `Dispenser's license' shall mean the license required for each individual who shall engage in the practice of dispensing of hearing aid instruments or devices to or for the user thereof. (e) `Apprentice dispenser's permit' shall mean a temporary nonrenewable one-year permit issued while the applicant is in apprenticeship under a licensed dispenser in order to become a licensed hearing aid dispenser. (f) `Training permit' shall mean a temporary renewable sixmonth permit issued while the applicant is in training under the direct supervision and immediate observation of a licensed dispenser to become a licensed dispenser. (g) `Board' shall mean the Board of Hearing Aid Dealers and Dispensers created in this Chapter. (h) `Hearing aid device or instrument,' `hearing aid' or `aid' shall mean any wearable electronic instrument or device designed for or represented or offered for the purpose of compensating for defective human hearing, including parts, attachments, ear molds and accessories (except batteries, cords, replacement tubing and minor service limited to the removal of battery corrosion).

"GA1978.1.1731">

(i) The `practice of dispensing hearing aids' shall mean the providing of a hearing aid to a consumer by sale, rental, lease or otherwise. A holder of a license or permit issued under this Chapter shall be entitled to conduct testing and other procedures to determine suitability for use of a hearing aid, to determine hearing aid characteristics which properly compensate the hearing condition, to select suitable aids, to fit aids to the subject and to counsel and instruct in the use thereof. 84-5605. Bill of sale and receipt required to be furnished to a person supplied with a hearing aid. Any person who dispenses hearing aid devices or instruments shall deliver to each person supplied with a hearing aid device or instrument written receipt or bill of sale in such form as may be prescribed by the Board which shall contain, as a minimum, the dealer's name, license number, address and schedule of office hours as well as the dispenser's name, signature and number of the dispenser's license, together with specification as to the make and model and serial number of the hearing aid device or instrument furnished, and the full terms of sale, including guarantees, if any, clearly stated, and such other information as the Board may determine to be necessary in the public's interest. If a hearing aid device or instrument which is not new is sold, the receipt therefor must be clearly marked as `used' or `reconditioned,' whichever is applicable, with the terms of the guarantee, if any, clearly stated. 84-5606. Persons and practices not affected. (a) The provisions of this Chapter shall not apply to a person who is a physician licensed to practice medicine in the State of Georgia. (b) The provisions of this Chapter shall not apply to a person while he is working as an employee of a federal, State, county or municipal agency or a duly chartered educational institution or a training center, provided that such person does not engage in the sale, rental or lease of hearing aids. (c) Nothing in this Chapter shall be construed to prevent a person licensed under any other law of the State of Georgia from operating within the scope of that license, provided that such person does not engage in the sale, rental or lease of hearing aids.

"GA1978.1.1732">

(d) Nothing in this Chapter shall prohibit a corporation, partnership, trust, association or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aid devices or instruments at retail, provided that it holds a dealer's license issued under this Chapter and that it employs only properly licensed persons who engage in the sale or dispensing of such products to the purchaser and user thereof. Such corporations, partnerships, trusts, associations or other like organizations shall file with the Board a list of all licensed dispensers directly or indirectly employed by them, including the addresses and license numbers of such dispensers. 84-5607. Issuance of license; cost of license. (a) The Board may issue a dealer's license to any applicant for a dealer's license upon compliance with this Chapter, upon payment of the appropriate license fee for a dealer's license and upon the presentation of evidence satisfactory to the Board that he has established or will establish and maintain a regular office, store or location for the dispensing of hearing aid devices or instruments, and that a person who possesses a valid Georgia dispenser's license will be responsible for the dispensing of hearing aids under such dealer's license. (b) The Board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an examination administered under the direction of the Board, when proof of age and lack of contagious or infectious disease have been verified and when proof that a satisfactory relationship with a licensed dealer has been received. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer. (c) The dealer's license fee shall be an amount determined by the Board and must be paid for each office or location established by the dealer. (d) The dispenser's license fee shall be an amount determined by the Board. 84-5608. Nonresident licenses. (a) Nonresident dealers' licenses may be issued to individuals domiciled outside of the State of Georgia upon presentation of satisfactory evidence to the Board that they comply with all provisions of this Chapter for a dealer's license

"GA1978.1.1733">

and upon payment of the fees required for such licenses. Holders of nonresident dealers' licenses shall be governed by and subject to all conditions and provisions of this Chapter relating to dealers' licenses. (b) A nonresident dispenser's license may be issued to an applicant who holds a current unsuspended, unrevoked license to practice the dispensing of hearing aids in another state or jurisdiction upon payment of the fee provided for a dispenser's license under this Chapter, upon presentation of satisfactory evidence to the Board that such other state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this Chapter for the practice of dispensing hearing aids and that such state or jurisdiction has a program equivalent to or stricter than that required by this Chapter for determining the qualifications of applicants for a dispenser's license; provided that such state or jurisdiction has a provision for reciprocity and has entered into a reciprocal agreement with the Board of Hearing Aid Dealers and Dispensers. No such applicant for a reciprocal nonresident dispenser's license shall be required to submit to or undergo a qualifying examination. The holder of a nonresident dispenser's license shall be registered in the same manner as the holder of a regular resident dispenser's license and shall present satisfactory evidence to the Board that he maintains a satisfactory relationship and responsibility to a holder of a dealer's or nonresident dealer's license as required under this Chapter. Fees, grounds and procedures for renewal, suspension and revocation of dispensers' licenses shall apply to all nonresident dispensers' licenses. 84-5609. License by examination. (a) Applicants may obtain a license by successfully passing a qualifying examination administered by the Board, provided that the applicant (1) is at least 18 years of age, (2) is of good moral character, (3) is free of contagious or infectious disease, and (4) presents satisfactory evidence to the Board that the applicant maintains a satisfactory relationship and responsibility to a holder of a dealer's license issued under this Chapter.

"GA1978.1.1734">

(b) An applicant for a dispenser's license by examination who is advised by the Board that he has fulfilled the necessary requirements as stipulated by this Chapter shall appear at a time and place and before such persons as the Joint Secretary may designate to be examined as directed by the Board as to his competence to engage in the practice of dispensing hearing aids. (c) The Joint Secretary shall schedule at least three examinations each year. (d) Each applicant desiring to become licensed as a dispenser shall make application for examination to the Joint Secretary on forms required by the Joint Secretary at least 30 days prior to the date of such examination, accompanied by the examination fee as provided by the Board in its rules and regulations. (e) The qualifying examination shall be compiled by or at the direction of the Board. In addition to questions involving that body of knowledge relating to the function and operation of hearing aids, the examination shall be designed to demonstrate, as it pertains to the practice of dispensing hearing aids or selling hearing aids, the applicant's knowledge of the structure and function of the ear, his competence and proficiency in making appropriate hearing tests and in making selections or adaptations of hearing aids for hearing-impaired persons consistent with minimal practices, and procedures and instrumentations currently employed by the hearing aid industry. There shall be included questions concerning the applicant's knowledge of available medical and rehabilitation agencies and referral methods. (f) The Board shall establish uniform criteria for passing and failing candidates. 84-5610. Temporary permits. (a) An apprentice dispenser's permit shall be issued by the Joint Secretary on behalf of the Board only when application has been made, a statement of supervision has been provided by the licensed dispenser, a statement has been made by the supervising dealer that the applicant is capable of making the tests and applying the techniques required to dispense hearing aids in accordance with this Chapter, and proof of age and the absence of contagious or infectious disease has been made. Apprentice dispensers' permits are limited to one year in duration and may not be renewed.

"GA1978.1.1735">

(b) Training permits shall be issued by the Joint Secretary on behalf of the Board only when application has been made and a statement of supervision has been provided by a licensed dispenser. The permit should authorize the person to dispense hearing aids only under direct supervision and immediate observation of the licensed dispenser who shall be responsible for the trainees' compliance with the provisions of this Chapter. Proof of age and the absence of contagious or infectious disease shall also be made. Training permits should be for a duration of six months and may be renewed as often as necessary for additional six-month time periods so long as the requirements of this Section for issuance of permits are met for each renewal. 84-5611. Notice to Joint Secretary of place of practice; notice to holders of license. (a) A person holding a dealer's license shall notify the Joint Secretary in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids. Furthermore, the dealer is required to notify the Joint Secretary in writing as to the names and license or permit numbers of all dispensers, apprentice dispensers and trainees employed or otherwise practicing at each of his places of business. The dealer is required to notify the Joint Secretary in writing of any changes of the foregoing within seven calendar days of such change. Any failure shall be considered a violation of this Chapter by the dealer. (b) The Joint Secretary shall keep a record of the locations and places of practice of persons who hold licenses. (c) Any notice required to be given by the Joint Secretary or by the Board to any person who holds a license or permit issued by the Board shall be mailed to such licensee or permit holder by certified mail to the address of the place of practice last recorded with the Joint Secretary, and such mailing shall constitute sufficient notice to such licensee. 84-5612. Biennial renewal of licenses; fees; effect of failure to renew. Licenses as provided in this Chapter shall expire on December 31 of each odd-numbered year. Each licensee shall biennially, before January 1 of each even-numbered year, pay to the Joint Secretary the appropriate fee for renewal and shall keep such license conspicuously posted in his place of practice at all times. When more than one office or place of business is operated, a duplicate

"GA1978.1.1736">

license shall be obtained from the Joint Secretary for each such location or place of regularly carrying on the practice of dispensing hearing aid devices or instruments upon the payment of an additional appropriate fee for each duplicate license. The address of the location or place of doing business shall be stated on said duplicate license and be posted at said location. A 30-day grace period shall be allowed after January 1 during which time licenses may be renewed upon payment of a penalty of ten percent of the license fee plus the amount of the license fee to the Joint Secretary. After the expiration of the 30-day grace period, said license shall lapse and be void and said licensee shall not engage in the practice of dispensing hearing aids as defined in this Chapter nor act as a hearing aid dealer in Georgia. Thereafter, during the calendar year in which the license lapsed, the Joint Secretary on behalf of the Board may renew such lapsed license upon the payment of the fee plus 50 percent of the applicable fee to the Joint Secretary. No licensee who applies for renewal after expiration of his license shall be required to submit to any examination as provided in this Chapter as a condition to renewal, provided such application for renewal is made within one year from the date of expiration (or 11 months after the date the license lapsed) and provided said person has not engaged in the practice of dispensing hearing aids or acted as a hearing aid dealer in Georgia during the period of lapse of said license. Furthermore, no license shall be renewed until the licensee provides the Board with a verification that he is still free of contagious or infectious disease. 84-5613. Continuing education. As a prerequisite for the renewal of a dispenser's license, the dispenser must provide proof to the Board that he has successfully completed eight hours of continuing education in a program approved by the Board. The Board may promulgate such rules and regulations as is necessary to implement the continuing education requirement. 84-5614. Board of Hearing Aid Dealers and Dispensers. (a) There shall be established a Board of Hearing Aid Dealers and Dispensers which shall administer and enforce the provisions of this Chapter. (b) Members of the Board shall be residents of the State of Georgia. The Board shall consist of seven members, three of whom shall possess the qualifications herein specified for dispensers' licenses

"GA1978.1.1737">

and shall have no less than three years' experience as a hearing aid dispenser, two of whom shall be diplomate or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this State, one of whom shall be an audiologist licensed by the State of Georgia and one of whom shall be appointed from the public at large. (c) Each member of the Board shall be appointed by the Governor with the approval of the Secretary of State. The original Board shall be so appointed prior to July 1, 1978. The term of office for each member shall be three years or until his successor has been appointed and qualified, excepting that for the first Board appointed under this Chapter, two members shall be appointed for a two-year term and three members shall be appointed for a three-year term. Upon the expiration of each term, the Governor and the Secretary of State shall appoint a successor as provided above. Any vacancy on the Board arising from death, resignation or other cause shall be filled by such appointment for the unexpired term. The members of the Board shall annually designate one such member to serve as chairman and another to serve as vice-chairman and may select such additional officers as the Board deems necessary. Four members of the Board or a majority of the active membership, whichever is less, shall be a quorum. 84-5615. Powers and duties of the Board. (a) The Board shall have the responsibility and duty of administering and enforcing the provisions of this Chapter. The Board shall be responsible for preparing the examinations required by this Chapter and the Joint Secretary shall assist the Board in carrying out the provisions of this Chapter. The Board shall have the power to establish and to revise minimal procedure and equipment requirements which shall be used in the dispensing of hearing aids. (b) The Board shall: (1) authorize, with the advice of the Joint Secretary, all disbursements necessary to carry out the provisions of this Chapter and the rules and regulations promulgated by the Board; (2) supervise the issuance of licenses and administer qualifying examinations;

"GA1978.1.1738">

(3) license persons who make proper application to the Joint Secretary and who meet the qualifications for licensure; (4) purchase and maintain or rent facilities necessary to carry out the examination of applicants as provided herein; (5) issue and renew licenses; (6) suspend, revoke or otherwise sanction licenses in the manner provided herein; (7) designate the time and place for examining applicants; (8) appoint representatives to conduct or supervise examinations; (9) appoint and employ subordinate employees and carry out the administration of provisions of this Chapter; and (10) provide to each licensed dealer a copy of this Chapter, any amendments thereto and all adopted rules. (c) The Joint Secretary shall be guided by the recommendations of the Board in all matters relating to this Chapter. (d) In the administration and enforcement of this Chapter, the Board shall have the power to adopt reasonable rules and regulations not inconsistent with this Chapter and the Constitution and laws of this State or of the United States for governing its times and places of meetings for organization and reorganization; for the holding of examinations; for governing all other matters requisite to the exercising of its powers; for the performance of its duties relating to examinations; for granting, suspending, revoking or otherwise sanctioning licenses; and for the transaction of its business under the provisions of this Chapter. 84-5616. Meetings of the Board . (a) The Board shall meet not less than once a year at a place, day and hour determined by the Board and as many other times per year as deemed necessary, for which the members shall be entitled to $44.00 per diem and travel at the same rate at which State employees are compensated.

"GA1978.1.1739">

(b) The Joint Secretary shall notify each member of the Board by certified mail not less than ten days in advance of the time and place of any meeting of the Board. 84-5617. Grounds for denial, nonrenewal, suspension or revocation of licenses or permits . In addition to any other penalties as provided in this Chapter, the Board shall be empowered to reprimand any licensee or permit holder under this Chapter and to suspend, revoke or otherwise sanction such license or permit for a fixed period or the Board may refuse to renew or deny said license or permit upon affording an opportunity for a hearing for any of the following causes: (a) Conviction of or a plea of nolo contendere to a felony or misdemeanor involving moral turpitude shall subject a licensee or permit holder to revocation of his license or permit or an applicant to a denial upon a hearing as herein provided. The record of conviction or plea or a copy thereof certified by the clerk of the court shall be conclusive evidence of such conviction or plea. (b) Procuring of a license or permit by fraud or deceit. (c) Selling, bartering or offering to sell or barter a license or permit. (d) Purchasing or procuring by barter a license or permit with intent to use it as evidence of the holder's qualifications to practice the dispensing of hearing aid devices or instruments or to sell such devices or instruments. (e) Altering a license or permit with fraudulent intent. (f) Using or attempting to use as a valid license or permit a license or permit which has been purchased, fraudulently obtained, counterfeited or materially altered. (g) Willfully making a false statement in an application for a license or permit or application for renewal of a license or permit. (h) Being found guilty of unethical conduct by the Board or by some other tribunal or court of law. Unethical conduct shall include:

"GA1978.1.1740">

(1) fraud or misrepresentation in the dispensing of a hearing aid; (2) knowingly employing, directly or indirectly, any suspended or unlicensed person to perform any service covered by this Chapter; (3) using, or causing or promoting the use of, any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation, however disseminated or published, which is misleading, deceptive or untruthful; (4) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement can not purchase the advertised model or type and where it is determined that the purchase of the advertisement is to obtain prospects for the sale of a different model or type than that advertised; (5) representing that the services or advice of a licensed physician or an audiologist will be used or made available in the selection, adjustment, maintenance or repair of hearing aids when that is not true or using the words `hearing center,' `doctor,' `ear specialist,' `clinic,' `clinical audiologists,' `State licensed clinic,' `State registered,' `State certified,' `State approved' or any other term, abbreviation or symbol when it would falsely give the impression that one is being treated medically or that the licensee's or permit holder's service has been recommended by the State; (6) representing or implying that a hearing aid device or instrument is or will be custom made, `made to order,' `prescription made' or in any other sense specially fabricated for an individual person when such is not the case; (7) representing that a recommendation for a specific brand or model aid or source of product or service has resulted from an unbiased or impartial process when such is not the case; (8) permitting another to use his license or permit;

"GA1978.1.1741">

(9) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist; (10) giving or receiving, directly or indirectly, or offering to give or receive money or anything of value to any person who advises another in a professional capacity as an inducement to influence or have such person influence others to purchase or contract to purchase any product sold or offered for sale by a licensee or permit holder or to influence persons to refrain from dealing in the products of competitors; (11) selecting or fitting a hearing aid for a person who has not been given the appropriate tests utilizing procedures and instrumentation as specified by this Chapter or by the rules and regulations of the Board; (12) committing any other professionally immoral act. (i) Practicing while suffering from a contagious or infectious disease. (j) Dispensing hearing aids under a false name or alias. (k) Violating any of the provisions of this Chapter or the rules and regulations promulgated by the Board. (l) Gross incompetence or negligence in dispensing hearing aids. 84-5618. Procedure for contested cases. Contested cases under this Chapter shall be administered in accordance with the Georgia Administrative Procedure Act, as amended; provided, however, that any person whose license or permit has been revoked, suspended or otherwise sanctioned by a final order of the Board or denied or not renewed pursuant to Section 84-5617 may appeal to the superior court in the county wherein the Joint Secretary maintains his office to review the decision of the Board to determine its legal correctness; and provided, further, that the findings of fact rendered by the Board will be accepted by the court if said findings are supported by any evidence.

"GA1978.1.1742">

84-5619. Equitable proceedings. The Board shall have the power to bring an equitable proceeding to enjoin any person, firm or corporation who, without being licensed or issued a permit by the Board, dispenses hearing aids in this State. The proceedings shall be filed in the county in which said person resides or practices or in the county where the firm or corporation maintains an office or practices. If it shall appear that the person, firm or corporation is guilty of dispensing hearing aids without a license or permit issued by the Board, then said person, firm or corporation shall be enjoined from dispensing hearing aids without a valid license or permit throughout the State of Georgia. It is hereby declared that such unlicensed activities are a menace and a nuisance and are dangerous to the public health, safety and welfare and, therefore, it shall not be necessary in order to obtain relief as herein provided for the Board to allege or prove that there is no adequate remedy at law. 84-5620. Powers and duties of the Joint Secretary. The powers and duties of the Joint Secretary are as provided in Code Title 84, as amended, and as may be delegated by the Board. Section 2. Said Code Title is further amended by adding in Code Chapter 84-99, relative to crimes, a new Code Section to be designated as Code Section 84-9982 to read as follows: 84-9982. Violations of Chapter 84-56 relating to the dispensing of hearing aids. Any person who dispenses or sells hearing aid devices or instruments without a license in violation of Chapter 84-56 of the Code or who otherwise is in violation of any provision of Chapter 84-56 of the Code shall be guilty of a misdemeanor and shall be punished as for a misdemeanor. For the purposes of Code Chapter 84-56, such misdemeanor shall be considered a crime involving moral turpitude. Section 3. Nothing in this Act shall be construed to invalidate any active license issued by the Board existing prior to the effective date of this Act, and any person licensed by the Board in existence prior to the effective date of this Act shall retain licensure status under this Act without the requirement of relicensure; provided, however, said licenses shall be subject to the renewal and sanction provisions.

"GA1978.1.1743">

Nothing in this Act shall be construed to prevent a person licensed under this Act or a licensed audiologist from making a hearing aid available to a person in the nature of a charitable gift. 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. An Act providing for the licensure of persons as dealers or dispensers of hearing aids, approved March 24, 1970 (Ga. Laws 1970, p. 653), is hereby repealed in its entirety. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. GEORGIA BOAT SAFETY ACT AMENDED. No. 1338 (House Bill No. 1529). AN ACT To amend an Act known as the Georgia Boat Safety Act, approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 773), and by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1632), and by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1182), so as to provide that inflatable rafts are included in the definition of vessels;

"GA1978.1.1744">

to provide that Class 3 vessels includes vessels which are 40 feet or more in length; to delete certain requirements pertaining to boating safety zones; to provide for the filing of boating accident reports; to provide for the use of certain personal flotation devices for persons engaged in certain activities; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Boat Safety Act, approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 773), and by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1632), and by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1182), is hereby amended by deleting the period at the end of subsection 3(c) and inserting in lieu thereof: , and specifically includes but is not limited to inflatable rafts., so that when amended, subsection 3(c) shall read as follows: (c) `Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, and specifically includes but is not limited to inflatable rafts. Section 2. Said Act is further amended by deleting from subsection 8(a) the following: Class 3 40 feet or over and not more than 65 feet in length., and inserting in lieu thereof the following: Class 3 40 feet or more in length. Section 3. Said Act is further amended by deleting subsection 11(e) in its entirety which subsection reads as follows:

"GA1978.1.1745">

(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 there-from and spaced not more than one-fourth () of a mile apart., and renumbering present subsections 11(f) and 11(g) as subsections 11(e) and 11(f), respectively. Section 4. Said Act is further amended by inserting in paragraph (2) of subsection 12(c) between the words reports of and the words boating accidents the word: reportable, and by inserting two new sentences between the first and second sentences of paragraph (3) of subsection 12(c) which new sentences shall read as follows: Such reports shall be filed by the operator, or if no operator, the owner of any vessel involved in the boating accident. if the operator or owner is incapable of making such report, the investigating officer shall submit such report., so that when amended, subsection 12(c) shall read as follows: (c) Accident Reports Required. (1) All boating accidents must be reported to the Department within 48 hours of the accident if: (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. (2) Reports of reportable boating accidents must be made within 5 days if not earlier required by the preceding paragraph.

"GA1978.1.1746">

(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. Such reports shall be filed by the operator, or if no operator, the owner of any vessel involved in the boating accident. If the operator or owner is incapable of making such report, the investigating officer shall submit such 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);

"GA1978.1.1747">

(M) the availability and use of personal flotation devices; (N) the type of fire extinguisher used; (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; (Q) 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 5. Said Act is further amended by deleting in subsection 14(b) the word some and inserting in lieu thereof the following: a Type I, II, or III, so that when amended, subsection 14(b) shall read as follows: (b) Lifesaving devices: no person shall operate any vessel on any of the waters of this State for towing a person or persons on water skis, aquaplane, surfboard, or similar devices, nor shall any person or persons engage in water skiing, aquaplaning, surfboarding, or similar activities unless such person or persons being towed is wearing a ski belt, ski jacket, or a Type I, II, or III U. S. Coast Guard approved personal flotation device. 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.

"GA1978.1.1748">

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 April 3, 1978. REVENUESECRECY OF INCOME TAX RETURNS. Code Section 92-3216 Amended. No. 1339 (House Bill No. 1533). AN ACT To amend Code Section 92-3216, relating to secrecy required of State income tax officials, so as to provide for the secrecy of federal income tax returns and return information; to provide for the secrecy of certain income tax returns and return information; to specify when certain returns and information may be furnished; 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 92-3216, relating to secrecy required of State income tax officials, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-3216 to read as follows:

"GA1978.1.1749">

92-3216. Secrecy required of officials; information to federal officers; preservation of reports and returns; exceptions.(a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the State Revenue Commissioner, other officer, employee, or agent or any former officer, employee, or agent, to divulge or make known in any manner the amount of income or any particulars set forth or disclosed in any report or return required under the law of this State or any return or return information required by the Internal Revenue Code when the information or return is received from the Internal Revenue Service or submitted by the taxpayer as provided by the law of this State. Nothing contained in this Section shall be construed to prohibit the publication of statistics, so classified as to prevent the identification of particular reports or returns and the items thereof, or the inspection by the Attorney General or other legal representative of the State, or use as evidence, of the report or return of a taxpayer in the event of any action or proceeding involving any tax liability of the taxpayer. Reports and returns shall be preserved for three years and thereafter until the Commissioner orders them to be destroyed. (b) The Commissioner may permit the Commissioner of Internal Revenue of the United States, or the proper officer of any state imposing an income tax similar to that imposed by this law, or the authorized representative of either such officer, to inspect the income tax returns of any taxpayer, or may furnish to such officer or his authorized representative an abstract of the return of income of any taxpayer or supply him with information concerning any item of income contained in any return, or disclosed by the report of any investigation of the income or return of income of any taxpayer. Such permission shall be granted, or such information shall be furnished to such officer or his representative, only if: (1) The request is only for State tax information, including federal tax information required by the State to be filed by the taxpayer with the State return; and (2) The requested information will be used solely for tax purposes; and (3) The requesting State has a confidentiality statute which complies with the requirements of I.R.C. Section 6103 (p) (8); and

"GA1978.1.1750">

(4) The statutes of the United States or of such other state, as the case may be, grant substantially similar privileges to the proper officer of this State charged with the administration of this law. (c) The Commissioner may permit the disclosure of inventories, depreciable assets, accumulated depreciation and book value of depreciable assets to local taxing authorities in this State to be used solely for ad valorem tax purposes; provided, that the furnishing of such information is not prohibited by Section 6103 of the Internal Revenue Code of 1954; and provided, further, that the furnishing of such information to the local taxing authorities shall not be deemed to change the confidential character of such information and any persons receiving such information within the authority of this paragraph 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. (d) The provisions of this Section shall not be construed to prohibit persons, or groups of persons, other than employees of the State Revenue Department from having access to tax information where necessary for data processing operations and maintenance of data processing equipment; provided such persons, or groups of persons, have obtained prior approval from the State Revenue Commissioner and are subject to the direct security control of Revenue Department personnel during subject periods of access. Any person who divulges or makes known any tax information obtained hereunder shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the State Revenue Department. (e) Notwithstanding the provisions of any other law, the provisions of this Section shall remain in full force and effect, unless specific reference is made in such other law to this Section and to the disclosure of income tax information contained in any report or return required under this law. 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 3, 1978.

"GA1978.1.1751">

COUNTY BOARDS OF TAX ASSESSORSMEMBERS. Code Section 92-6903 Amended. No. 1340 (House Bill No. 1538). AN ACT To amend Code Section 92-6903, relating to county boards of tax assessors, so as to provide that certain persons having a specified degree of kinship to a member of the county governing authority may not be appointed to the county board of tax assessors; 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 92-6903, relating to county boards of tax assessors, is hereby amended by designating the text of said Section as subsection (a) and adding a new subsection to said Section, to be designated subsection (b), to read as follows: (b) Beginning July 1, 1978, no individual may be appointed or reappointed to a county board of tax assessors when the individual is related to a member of the county governing authority, or to the county governing authority, in one or more of the following degrees: (1) Mother or mother-in-law. (2) Father or father-in-law. (3) Sister or sister-in-law.

"GA1978.1.1752">

(4) Brother or brother-in-law. (5) Grandmother or grandmother by marriage. (6) Grandfather or grandfather by marriage. (7) Son or son-in-law. (8) Daughter or daughter-in-law., so that when so amended Code Section 92-6903 shall read as follows: 92-6903. County board of tax assessors; creation; appointment; commission.(a) There is hereby established in each of the several counties of this State, a county board of tax assessors, which board shall consist of three members to be appointed by the board of county commissioners or by a majority thereof, or by the judge of the probate court in counties which have no board of county commissioners. Provided that in all counties of this State which shall have a population of less than 25,000, according to the United States census of 1950 or by any future census of the United States, the boards of tax assessors in those counties shall consist of not less than three nor more than five members, otherwise qualified, the number of members to serve on such boards in said counties to be determined by the county commissioners or other county governing authority. The order making such appointment shall be regularly entered upon the record of the superior court of the county, and a certificate from the clerk of the superior court reciting said order, and that such person has taken the oath required by law, shall constitute the commission of the members and no other or further commission shall be required. (b) Beginning July 1, 1978, no individual may be appointed or reappointed to a county board of tax assessors when the individual is related to a member of the county governing authority, or to the county governing authority, in one or more of the following degrees: (1) Mother or mother-in-law. (2) Father or father-in-law.

"GA1978.1.1753">

(3) Sister or sister-in-law. (4) Brother or brother-in-law. (5) Grandmother or grandmother by marriage. (6) Grandfather or grandfather by marriage. (7) Son or son-in-law. (8) Daughter or daughter-in-law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. ADMISSION OF PERSONS UNDER 18 YEARS OF AGE TO BILLIARD ROOMS. Code Section 84-1611 Amended. No. 1341 (House Bill No. 1544). AN ACT To amend Code Section 84-1611, relating to the admission of persons under 18 years of age in billiard rooms, as amended, so as to provide that the provisions of said Code Section shall only apply to billiard rooms in which beer, wine or alcoholic beverages are offered for sale; 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 84-1611, relating to the admission of persons under 18 years of age in billiard rooms, as amended, is

"GA1978.1.1754">

hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 84-1611, to read as follows: 84-1611. Admission of persons under 18 years of age. It shall be unlawful for any person who has not reached the age of 18 years to play billiards, or to be permitted to remain in a billiard room for any purpose, unless accompanied by a parent or guardian, or with a written permit from parent or guardian witnessed by a notary public with seal. In the event that the proprietor of a billiard room is of the opinion that any person desiring admission thereto is under the age of 18 years, he shall require such person to certify his age in writing or to produce a legal permit. The provisions of this Code Section shall only apply to billiard rooms in which beer, wine or alcoholic beverages are offered for sale. 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 3, 1978. UNIFORM CRIMINAL EXTRADITION ACT AMENDEDDISTRICT OF COLUMBIA. No. 1342 (House Bill No. 1549). AN ACT To amend an Act known as the Uniform Criminal Extradition Act, approved February 21, 1951 (Ga. Laws 1951, p. 726), so as to provide that the District of Columbia shall be included in the jurisdiction of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1755">

Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Criminal Extradition Act, approved February 21, 1951 (Ga. Laws 1951, p. 726), is hereby amended by adding after the word includes in the last sentence of Section 1 the words the District of Columbia and, so that Section 1, when so amended, shall read as follows: Section 1. Definitions. Where appearing in this Act, the term `Governor' includes any person performing the functions of governor by authority of the law of this State. The term `executive authority' includes the governor, and any person performing the functions of governor in a State other than this State. The term `State', referring to a State other than this State, includes the District of Columbia and any other State or Territory, organized or unorganized, of the United States of America. 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 3, 1978. KILLING OF BEARS BY OWNERS OF BEEHIVES. Code Section 45-529 Amended. No. 1343 (House Bill No. 1554). AN ACT To amend Code Section 45-529, relating to the killing of bears by owners of beehives, so as to change the provisions relative to fully operative electric fences and protective devices for beehives; to

"GA1978.1.1756">

change the provisions relative to notice given to the Department of Natural Resources by the owner of a beehive or his agent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 45-529, relating to the killing of bears by owners of beehives, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 45-529 to read as follows: 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 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 either a three (3) strand fully operative electric fence on posts at least four (4) feet above the ground or other protective device, when such other protective device has been 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 at least one hour's prior notice by the owner of the beehive or his agent before said tracking shall commence. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1757">

GEORGIA HEALTH CODE AMENDEDINSTITUTION DEFINED. Code Section 88-1901 Amended. No. 1344 (House Bill No. 1562). AN ACT To amend Code Section 88-1901 of the Code of Georgia relating to the definition of institutions regulated under the Georgia Health Code, so as to change the definition of an institution covered by the Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code Section 88-1901 is hereby amended by striking subsection (a) of Section 88-1901 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) The term `institution' means (1) any community mental health and mental retardation facility; (2) any building, facility, or place in which is provided two or more beds and other facilities and services that are used for persons received for either examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which are classified by the Department of Human Resources, as provided for herein, as either a hospital, nursing home, or personal care home; (3) any health facility wherein abortion procedures under Section 26-1202(b) and (c) are performed or are to be performed; (4) any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization, such term to exclude any physician's or dentist's private office located therein or treatment rooms in which he primarily sees, consults with and treats patients; or (5) any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests and electrocardiograms are made, such term to exclude any physician's or dentist's office or

"GA1978.1.1758">

treatment rooms located therein in which he primarily sees, consults with and treats patients and to exclude public health services operated by the State, its counties, or municipalities. 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 3, 1978. JUVENILE COURTSTRANSFER TO OTHER COURTS. Code Section 24A-2501 Amended. No. 1345 (House Bill No. 1563). AN ACT To amend Code Title 24A, the Juvenile Court Code, as amended, so as to change the provisions regarding transfer to other 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, as amended, is hereby amended by striking from subsection (a)(3) of Code Section 24A-2501 the following: (ii) the child is not amenable to treatment or rehabilitation through available facilities,, and by redesignating subdivisions (iii) and (iv) of subsection (a)(3) of Code Section 24A-2501 as subdivisions (ii) and (iii), respectively, so that when so amended, Code Section 24A-2501 shall read as follows:

"GA1978.1.1759">

24A-2501. Transfer to Other Courts. (a) After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if: (1) a hearing on whether the transfer should be made is held in conformity with Sections 24A-1801, 24A-2001 and 24A-2002; and (2) notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing; and (3) the court in its discretion determines there are reasonable grounds to believe that (i) the child committed the delinquent act alleged, (ii) the child is not committable to an institution for the mentally retarded or mentally ill, and (iii) the interests of the child and the community require the child be placed under legal restraint and the transfer should be made; and (4) the child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in the penitentiary. (b) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition. (c) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Section. (d) Statements made by the child at any hearing under this Act are not admissable against him over objection in the criminal proceedings following the transfer, Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

"GA1978.1.1760">

DENTIST AND DENTAL HYGIENISTIMMUNITY FOR PERSONS MAKING REPORTS, ETC. Code Section 84-724 Amended. No. 1346 (House Bill No. 1569). AN ACT To amend Code Section 84-724, relating to revocation or suspension of license, so as to provide civil and criminal immunity for persons making certain reports or testifying in certain proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-724, relating to revocation or suspension of license, is hereby amended by adding immediately following subsection (c) a new subsection, to read as follows: (d) A person, 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 as a dentist, dental hygienist, or dental assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board 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 as a dentist, dental hygienist, or dental assistant shall be immune from civil and criminal liability for so testifying.

"GA1978.1.1761">

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 3, 1978. GEORGIA BOARD OF OCCUPATIONAL THERAPYREVIEW BY GENERAL ASSEMBLY. No. 1347 (House Bill No. 1572). AN ACT To amend the Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), so as to change the review, termination, and repeal date of the Georgia Board of Occupational Therapy and the Act relating 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 Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), is hereby amended by striking from subsection (a) of Section 7, the following: (9) The Georgia Board of Occupational Therapy. An Act known as the `Georgia State Occupational Therapy Licensing Act', approved March 31, 1976 (Ga. Laws 1976, p. 993)., and by renumbering subparagraph (10) as subparagraph (9).

"GA1978.1.1762">

Section 2. Said Act is further amended by adding at the end of subsection (c) of Section 7, the following: (18) The Georgia Board of Occupational Therapy. An Act known as the `Georgia State Occupational Therapy Licensing Act', approved March 31, 1976 (Ga. Laws 1976, p. 993). 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 3, 1978. STRUCTURAL PEST CONTROL ACTLICENSES. No. 1348 (House Bill No. 997). AN ACT To amend an Act known as the Structural Pest Control Act, approved March 7, 1955 (Ga. Laws 1955, p. 564), as amended, particularly by an Act approved March 16, 1960 (Ga. Laws 1960, p. 813), and by an Act approved April 5, 1961 (Ga. Laws 1961, p. 460), so as to provide that licenses issued pursuant to said Act shall be valid throughout the State with certain exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Structural Pest Control Act, approved March 7, 1955 (Ga. Laws 1955, p. 564), as amended, particularly by an Act approved March 16, 1960 (Ga. Laws 1960, p. 813), and by an Act approved April 5, 1961 (Ga. Laws 1961, p. 460), is hereby amended by designating the present provisions of

"GA1978.1.1763">

Section 13 as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) The license fees provided by this Act shall authorize the licensee to engage in the business of structural pest control in this State, and no county or municipality shall be authorized to impose any business license fee or occupation tax upon any person who is licensed under this Act, except those counties and municipalities in which is located an established business office of a person or persons engaged in the business of structural pest control; provided, further, that any municipality or county which levies a general occupation or business license tax which is based on gross receipts, shall have the power to levy and collect an occupational, license, or professional tax upon any licensee under this Act transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross revenues derived from transactions with respect to property located within the boundaries of the taxing jurisdiction. Section 2. This Act shall become effective on January 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978. COUNCIL ON MATERNAL AND INFANT HEALTHMEMBERSHIP. No. 1349 (House Bill No. 1240). AN ACT To amend an Act creating the Council on Maternal and Infant Health, approved March 31, 1972 (Ga. Laws 1972, p. 635), as amended, particularly by an Act approved March 18, 1974 (Ga. Laws 1974, p. 269), so as to change the membership of said Council;

"GA1978.1.1764">

to clarify existing laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Council on Maternal and Infant Health, approved March 31, 1972 (Ga. Laws 1972, p. 635), as amended, particularly by an Act approved March 18, 1974 (Ga. Laws 1974, p. 269), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. There is hereby created the Council on Maternal and Infant Health which shall be composed of 15 persons appointed by the Governor, and confirmed by the Senate for terms of 4 years each and until their successors are appointed and qualified. The appointees shall be composed of a cross section of professional and institutional personnel with representatives of the general public, and shall include an equal number of obstetricians, pediatricians, and family practitioners. It shall also include at least one nurse, one hospital administrator, one public health physician, and one educator. The Council shall elect its own Chairman and other officers as deemed necessary and it shall devise rules and procedures. It shall meet upon call of its Chairman, the Board of Human Resources or the Commissioner of the Department of Human Resources. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978.

"GA1978.1.1765">

PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITYCREATED. No. 1350 (House Bill No. 1333). AN ACT To create the Private Colleges and Universities Facilities Authority; to authorize the Authority to acquire, construct and equip self-liquidating Projects consisting of educational facilities for lease or sale to private institutions of higher education; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents, repayment proceeds or purchase payments or other funds received by the Authority; to authorize the execution of trust and security instruments relating to the Authority's property to secure the payment of such revenue bonds; to provide that no debt of the State or any of its political subdivisions shall be incurred in the exercise of any of the powers granted by this Act and no State or local public funds shall be appropriated for the use of the Authority created by this Act; to make such revenue bonds legal investments and to provide that any revenue bonds issued under the provisions of this Act, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the State and by political subdivisions of the State; to fix the venue for jurisdiction of actions relating to any provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the General Assembly has determined and does hereby declare that for the benefit of the people of the State of Georgia, the conduct and increase of their commerce, the protection and enhancement of their welfare, the development of continued prosperity and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and develop their intellectual and mental capacities and skills, that to achieve these ends it is of the utmost importance that institutions for higher education within the State be provided with appropriate additional means to assist such youth in achieving the required levels of learning and development of their intellectual and mental capacities and be enabled to refinance outstanding indebtedness incurred to provide existing facilities

"GA1978.1.1766">

to be used for such purposes in order to preserve and enhance the utilization of facilities for purposes of higher education, to extend or adjust maturities of obligations in relation to the resources available for their payment and to save interest costs on borrowings and thereby reduce tuition, fees and charges; and that it is the purpose of this Act to provide a measure of assistance and an alternative method to enable institutions of higher education in the State to provide such facilities for the public benefit and good and in the execution of the public policy set forth herein. Be it therefore enacted by the General Assembly of the State of Georgia: Section 1. Short Title. This Act may be cited as the Private Colleges and Universities Facilities Authority Act. Section 2. Private Colleges and Universities Facilities Authority. There is hereby created a public body corporate and politic to be known as the Private Colleges and Universities Facilities Authority and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Said Authority, however, shall not be a State institution nor a department or agency of the State, but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. The provisions of Article VII, Section III of the Constitution of the State of Georgia of 1976 and the provisions of the Georgia State Financing and Investment Commission Act (Ga. Laws 1973, p. 750, et seq.) shall not apply to the Authority herein created. The Authority shall consist of five members appointed by the Governor. Two of the members appointed in 1978 shall be appointed for a term expiring January 1, 1980; two shall be appointed for a term expiring January 1, 1982; and one shall be appointed for a term expiring January 1, 1984. Thereafter, each member shall be appointed for a six-year term. The Governor shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the Authority shall enter upon his duties. The Authority shall elect one of its members as Chairman and another as Vice Chairman and shall appoint a Secretary who need not be a member of the Authority. The

"GA1978.1.1767">

members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority may make rules and regulations for its own government. The Authority shall have perpetual existence. At all meetings of the Authority the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the Authority. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings unless the context clearly indicates otherwise: (a) Authority shall mean the Private Colleges and Universities Facilities Authority created by this Act and any successor or successors thereto. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act. (b) Project shall mean a structure or structures available for use as a dormitory or other student housing facility, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution of higher education, whether proposed, under construction or completed, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended but shall not include any items the costs of which are customarily deemed to result in a current operating charge, and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination.

"GA1978.1.1768">

(c) Cost shall mean, as applied to a Project or any portion thereof financed under the provisions of this Act, all or any part of the cost of construction, acquisition, alteration, enlargement, reconstruction and remodeling of a Project including all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses and certificates, and interests acquired or used for or in connection with a Project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, underwriters' commissions or discounts, interest prior to, during and for a period of six months following estimated completion of such construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, the cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the Project and such other expenses as may be necessary or incident to the construction and acquisition of the Project, the financing of such construction and acquisition and the placing of the Project in operation. All funds paid or advanced for any of the purposes aforesaid by any institution for higher education prior to the issuance of any of the Authority's revenue bonds may be refunded to such institution out of the proceeds of any revenue bonds so issued. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the Project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this Act for such Project. (d) Bonds, bonds or revenue bonds shall mean revenue bonds of the Authority issued under the provisions of this Act, including revenue refunding bonds, notwithstanding that the same may be secured by a mortgage or the full faith and credit of a participating institution for higher education or any other lawfully pledged security of a participating institution for higher education. (e) Institution for higher education shall mean a not-for-profit educational institution which is not owned or controlled by the State or any political subdivision, agency, instrumentality, district

"GA1978.1.1769">

or municipality thereof, which is authorized by law to provide a program of education beyond the high school level and which (i) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; and (ii) provides an educational program for which it awards a bachelor's degree, or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a post-graduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and (iii) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the University System of Georgia and its educational units for credit on the same basis as if transferred from an institution so accredited. (f) Property shall mean any real, personal or mixed property, or any interest therein, including, without limitation, any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, rights-of-way and structures, or any interest therein. (g) Revenues shall mean, with respect to any Project, the rents, purchase installments, loan repayment proceeds, fees, charges and other moneys derived by the Authority therefrom in connection with the lease, sale or financing thereof. Section 4. Powers; Duties. The purpose of the Authority shall be to assist institutions for higher education in the construction, financing, and refinancing of the Projects. The exercise by the Authority of the powers conferred by this Act shall be deemed and held to be the performance of an essential public function. For the purpose of this Act, the Authority shall have the powers and duties set forth in this Section. (a) To adopt an official seal and alter the same at its pleasure.

"GA1978.1.1770">

(b) To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity. (c) To maintain an office at such place or places as it may designate. (d) To determine the location and character of any Project financed under this Act, to acquire, construct, reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose of, any Project in any manner it deems to the best advantage of the Authority and the purposes thereof, and to insure the same against any and all risks as such insurance may, from time to time, be available, to enter into contracts for any or all of such purposes, to permit participating institutions for higher education to perform all of the foregoing as the Authority's agent. Contracts entered into by the Authority may be negotiated and should not be subject to any laws governing public contracts or requiring competitive bidding. (e) To finance Projects for participating institutions for higher education through the issuance of Authority revenue bonds and the lending of such revenue bond proceeds to the participating institution for higher education under such loan agreements or repayment contracts as the Authority deems necessary or appropriate. (f) To issue revenue bonds of the Authority for any of its corporate purposes and to fund or refund the same all as provided in this Act. (g) To fix and revise from time to time and charge and collect rates, rents, purchase payments, fees and charges for the use and for the services furnished or to be furnished by a Project or any portion thereof or in connection with the financing thereof and to contract with the State of Georgia and its agencies, instrumentalities, departments and political subdivisions and any person, partnership, association or corporation or other body, public or private, in respect thereto. (h) To establish rules and regulations for use of a Project or any portion thereof and to designate a participating institution for higher education as its agent to establish rules and regulations for the use of a Project undertaken for that participating institution for higher education.

"GA1978.1.1771">

(i) To employ consulting engineers, architects, attorneys, bond counsel, accountants, construction and financial experts, fiscal agents, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation; provided, however, that all costs, fees and expenses incurred in connection with the employment of any persons as permitted by this subparagraph shall not be an obligation of the State or any political subdivision thereof but must be payable solely from the proceeds of obligations issued by the Authority or from revenues received by the Authority from participating institutions for higher education as reimbursement for its administrative costs and expenses. (j) To receive and accept from any source, other than State or local public funds, loans, contributions, gifts or grants for or in aid of the construction of a Project or any portion thereof in either money, property, labor or other things of that value and, when required, to use such funds, property or labor only for the purposes for which it was loaned, contributed, given or granted. (k) To make loans to any participating institution for higher education for the Cost of a Project in accordance with a financing agreement between the Authority and the participating institution for higher education; provided that no such loans shall exceed the total Cost of the Project as determined by the participating institution for higher education and approved by the Authority. (l) To make loans to a participating institution for higher education to refund outstanding obligations or advances issued, made or given by such participating institution for higher education for the Cost of the Project. (m) To charge to and apportion among participating institutions for higher education the administrative costs and expenses incurred by the Authority in the exercise of the powers and duties conferred upon it by this Act. (n) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds in the manner hereinafter more fully set forth, which revenue bonds shall be 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.

"GA1978.1.1772">

(o) To pledge, mortgage or convey by deed to secure debt, chattel mortgage or bill of sale to secure debt, all or any portion of any Project and any other educational facilities conveyed to the Authority for such purpose and the site or sites thereof, whether presently owned or subsequently acquired, for the benefit of the holders of the bonds of the Authority issued to finance such Project or any portion thereof or issued to refund or refinance outstanding indebtedness of a private institution for higher education as permitted by this Act. (p) To issue bonds for the purpose of refunding or refinancing the outstanding indebtedness of a private institution for higher education, whether or not outstanding prior to or after the effective date of this Act, provided that such indebtedness was originally incurred for the purpose of constructing or acquiring an educational facility as defined in this Act. To exercise any power usually possessed by private corporations performing similar functions, provided the exercise of such power is not in conflict with the Constitution and laws of this State. (q) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested. (r) To do all things necessary or convenient to carry out the powers expressly given in this Act and any amendments hereto. Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized from time to time 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 of its Projects. Such bonds may also be issued to pay off, refund or refinance any outstanding bonds or other obligation of any nature owed by the Authority, whether or not such revenue bonds or other obligations shall then be subject to redemption, and the Authority may provide for such arrangements as it may determine for the payment and security of the revenue bonds being issued or for the payment and security of the revenue bonds or other obligations to be paid off, refunded or refinanced. The principal, premium, if any, and interest of such revenue bonds shall be payable solely from the revenues, receipts and earnings to be received by the Authority in connection with the lease, sale, financing arrangement or other disposition of

"GA1978.1.1773">

the Project for which the revenue bonds were issued. All revenue bonds issued by the Authority are hereby declared to be negotiable for all purposes notwithstanding their payment from a limited source and without regard to any other law or laws. The Authority may limit the negotiability of its obligations by issuing the same in nonnegotiable or registered form or by providing for future registration under such terms and conditions as it may choose. The revenue bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates, mature at such time or times, not exceeding forty (40) years from their respective dates of issue, bear interest at such rate or rates without regard to any limitations contained in any other statute or law of this State, be payable at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, have such rank or priority, be payable in lawful money of the United States of America at such places, within or without the State of Georgia, and be subject to such terms of redemption as such bond resolution may provide. All revenue bonds issued by the Authority shall be subject to validation in accordance with the provisions of the Revenue Bond Law of the State of Georgia (Ga. Laws 1937, p. 761, as amended.) All proceedings to validate revenue bonds of the Authority shall be held in the Superior Court of Fulton County and judgments of validation obtained in the manner set forth in said Revenue Bond Law shall be forever conclusive upon the validity of such bonds and the security for such bonds as therein provided. The petition and complaint for validation shall also make party defendant to such action any participating institution for higher education which has contracted with the Authority in connection with the issuance of the bonds or regarding the manner in which the same are to be secured and such participating institution for higher education shall be required to show cause, if any exist, why such security and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof determined and the security adjudicated as a binding obligation of the participating institution for higher education 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, any parties to the validation proceedings or any persons who might properly have become parties to said proceedings. The certificate of validation,

"GA1978.1.1774">

however, may be signed with the facsimile or manually executed official signature of the Clerk or Deputy Clerk of the Fulton County Superior Court. The Authority may sell its revenue bonds in such manner and for such price, at public or private sale, as it may determine to be for the best interest of the Authority. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim certificates or receipts or temporary bonds for definitive bonds upon issuance of the latter. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. The bonds shall be signed by the Chairman of the Authority and the corporate seal of the Authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the Secretary of the Authority. The coupons shall be signed in such manner as may be directed by the Authority. The signatures of the officers of the Authority and the seal of the Authority upon any bond, note or other debt security issued by the Authority may be by facsimile if the instrument is authenticated or countersigned by a trustee other than the Authority itself or an officer or employer of the Authority. All bonds or notes issued under authority of this Act bearing signatures or facsimilies of the signatures of officers of the Authority in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof, and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the Authority. Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and the accrued interest thereon shall continue until such bond is twenty (20) years overdue for payment. At that time, unless demand for payment has been made, such obligation shall be extinguished and shall be deemed no longer outstanding. Section 6. Immunity from Liability. Neither the members of the Authority nor any person executing bonds or notes on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof.

"GA1978.1.1775">

Section 7. Credit of the State and Its Subdivisions Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt or pledge of the faith and credit of the State of Georgia or any political subdivision thereof within the meaning of any provision of the Constitution or laws of this State, but such revenue bonds shall be payable solely from the revenues and receipts received by the Authority in connection with the financing of any Project as herein permitted. Revenue bonds issued by the Authority shall not directly, indirectly or contingently obligate the State or any of its political subdivisions to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof and all such revenue bonds or other obligations of the Authority shall contain recitals on their face covering substantially the foregoing provisions of this Section. No State or local public funds shall be appropriated for use of the Authority created by this Act. Section 8. Pledge of Project Revenues. The revenues, rents, purchase payments, financing charges or other earnings derived from any particular Project may be pledged and allocated by the Authority pursuant to appropriate resolution as security for any issue of revenue bonds and such resolution may fully provide for remedies of bondholders as may be deemed necessary or appropriate by the Authority in connection with the issuance of the revenue bonds. A statutory lien on revenues received by the Authority in connection with the financing of any Project is hereby created for the benefit of the holders of the revenue bonds of the Authority issued for such Project. Section 9. Remedies of Bondholders. The Authority may, by appropriate resolution, trust indenture, mortgage or other security agreement, provide the holders of any of its revenue bonds or interest coupons such rights and remedies, in law or in equity, as may be necessary or desirable in connection with the issuance of such obligations. Section 10. Exemption from Taxation; Covenant of State. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by

"GA1978.1.1776">

this Act and the State covenants with the holders of the bonds and any interest coupons appertaining thereto that the Authority shall be required to pay no taxes or assessments imposed by the State or any of its counties, municipal corporations, political subdivisions or taxing districts upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or upon any fees, rentals, charges, purchase price, installments or otherwise pertaining to such buildings or upon other income received by the Authority, and that the bonds of the Authority, their transfer and the interest and income therefrom shall at all times be exempt from taxation within the State of Georgia, that the recording of any indenture or security deed by the Authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption herein provided shall not include any exemption from sales or use tax on property purchased by the Authority or for use by the Authority except that the Authority shall be entitled to such exemption with respect to property for any particular Project as is available to the participating institution for higher education pursuant to the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360, et seq.) as amended. Section 11. Venue and Jurisdiction of Actions Pertaining to Bonds. The Authority's legal situs or residence for the purpose of this Act shall be Fulton County. Any action to protect or enforce any rights under the provisions of this Act, including the validation of obligations issued by the Authority as herein permitted, shall be brought in the Superior Court of Fulton County, Georgia, and said Court shall have exclusive original jurisdiction of all such actions. Section 12. Interest of Bondholders Protected. While any of the revenue bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such revenue bonds. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such revenue bonds, and, upon the issuance of the revenue bonds as herein provided, such provisions shall constitute a contract with the holders of such revenue bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such revenue bonds and the duties of the Authority under any such bond resolution,

"GA1978.1.1777">

indenture or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate suit, action, or proceeding at law or in equity. Section 13. Moneys Received by the Authority Considered Trust Funds. All moneys received by the Authority pursuant to this Act shall be deemed to be trust funds for the holders of the bonds and interest coupons thereto appertaining and shall be held and applied for the benefit of the bondholders of the respective issues as provided in this Act and as provided in the authorizing resolutions of the Authority. Section 14. Projects; Title. The Authority may hold title to any Project financed by it but shall not be required to do so. Section 15. Liberal Construction of Act. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. To that end, if any Section, paragraph, sentence, clause or other portion of this Act shall be held invalid, the same shall be severable from this Act and shall not affect the validity of the remaining portions hereof. It is hereby declared that all such remaining portions are severable and that the General Assembly would have enacted such remaining portions if the portions that may be so held to be invalid had not been included in this Act. Section 16. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978.

"GA1978.1.1778">

REVENUELIENS FOR TAXES. Code Section 92-5708. No. 1354 (House Bill No. 1593). AN ACT To amend Code Section 92-5708, relating to liens for taxes, so as to provide that tax liens shall apply only to certain property in certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-5708, relating to liens for taxes, is hereby amended by adding at the end thereof the following: When real property located within this State is transferred between the date on which the tax lien on such property vests and the date on which the tax evidenced by such tax lien shall become due and payable, the tax lien on such transferred property shall not extend to cover any other real property of the transferor., so that when so amended, Code Section 92-5708 shall read as follows: 92-5708. Liens for taxes, whether ad valorem, specific, or occupation, due the State, any county thereof, or municipal corporation therein, shall cover the property of taxpayers liable to tax, from the time fixed by law for valuation of the same in each year until such taxes are paid, and the property of tax collectors and their sureties from the time of giving bond until all taxes for which they are responsible shall be paid. Such liens for taxes are hereby declared superior to all other liens, except that the title and operation of a security deed shall be superior to the lien for taxes assessed against the owner of property when such lien for taxes represents an assessment upon property of such owner other than that property specifically covered by the title and operation of the security deed, and shall rank among themselves as follows: First, taxes due the State; second, taxes due the counties of the State; third, taxes due to municipal corporations of the State. When real property located

"GA1978.1.1779">

within this State is transferred between the date on which the tax lien on such property vests and the date on which the tax evidenced by such tax lien shall become due and payable, the tax lien on such transferred property shall not extend to cover any other real property of the transferor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978. CRIMESGAMBLING DEVICES, EXCEPTIONS. Code Section 26-2713 Amended. No. 1355 (House Bill No. 1649). AN ACT To amend Code Section 26-2713, relating to exceptions to the provisions relating to gambling and related offenses of Code Chapter 26-27, so as to provide for additional exceptions for certain coin-operated games or devices; to provide for certain prohibited acts; to provide for criminal penalities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-2713, relating to exceptions to the provisions relating to gambling and related offenses of Code Chapter 26-27, is hereby amended by adding preceding the first sentence of said Code Section, the following: (a),

"GA1978.1.1780">

and by adding at the end thereof the following: (b) Nothing in this Chapter shall apply to a coin-operated game or device designed and manufactured for bona fide amusement purposes only which may by application of skill entitle the player to replay the game or device at an additional cost if the game or device can react to no more than 15 free replays or can be discharged of accumulated free replays only by reactivating the game or device for one additional play for each accumulated free replay. This subsection shall not apply, however, to any game or device classified by the United States as requiring a federal gaming tax stamp under applicable provisions of the Internal Revenue Code., (c) Any person, who gives to any other person, money or anything of value for free replays on coin-operated devices described in Section (b) shall be guilty of a misdemeanor and upon conviction, shall be punished as for a misdemeanor., so that when so amended Code Section 26-2713 shall read as follows: 26-2713. Exceptions. (a) Any other provisions of Georgia law to the contrary notwithstanding, the provisions of this Chapter shall not be applicable to the manufacturing, processing, selling, possessing or transporting of any printed materials, or any advertising materials relative to such printed materials, if such materials are for shipment out of the State of Georgia to governmental bodies which can lawfully use such materials. The provisions of this Chapter shall in no way prohibit communications between persons in this State and persons in other states relative to such materials. (b) Nothing in this Chapter shall apply to a coin-operated game or device designed and manufactured for bona fide amusement purposes only which may by application of skill entitle the player to replay the game or device at an additional cost if the game or device can react to no more than 15 free replays or can be discharged of accumulated free replays only by reactivating the game or device for one additional play for each accumulated free replay. This subsection shall not apply, however, to any game or device classified by the United States as requiring a federal gaming tax stamp under applicable provisions of the Internal Revenue Code.

"GA1978.1.1781">

(c) Any person, who gives to any other person, money or anything of value for free replays on coin-operated devices described in Section (b) shall be guilty of a misdemeanor and upon conviction, 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 4, 1978. GEORGIA ELECTION CODE AMENDEDSUBSTITUTED NOMINATIONS. Code Section 34-1003 Amended. No. 1356 (House Bill No. 1764). AN ACT To amend Code Chapter 34-10, relating to nomination of candidates, as amended, so as to provide for substituted nominations by special primaries in the event of vacancies occurring in certain party nominations (filled by primary) by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-10, relating to nomination of candidates, as amended, is hereby amended by striking Code Section 34-1003, which reads as follows: Section 34-1003. Substituted nominations by parties and bodies.Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of more than one county, by reason of the death, disqualification or

"GA1978.1.1782">

withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee entitled to participate in the convention. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll call vote. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose. (b) Any vacancy happening in any party nomination (filled by primary) for a Federal, State or county office filled by the vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit contained within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county.

"GA1978.1.1783">

(c) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the ordinary, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths., in its entirety and inserting in lieu thereof a new Code Section 34-1003 to read as follows: 34-1003. Substituted nominations by parties and bodies.(a) Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of the entire State, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination but at least 10 days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the State. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the State according to the last United States Decennial Census, or upon the number of votes cast within the State for the party's candidates

"GA1978.1.1784">

for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a rollcall vote. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the 10 days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose. (b) Any vacancy occurring in any party nomination (filled by primary) for a public office for which a candidate must qualify with the State executive committee, except a public office to be filled by the vote of the electors of the entire State, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination, shall be filled by substitute nomination made by special primary to be held not later than the fourteenth day after the scheduled date of the election for which the deceased, disqualified or withdrawn individual was a candidate. Candidates for such special primary shall qualify not later than 12:00 noon of the tenth day prior to the date of the special primary. Any runoff of candidates in such special primary shall be held not later than the tenth day after the date of the special primary. The election for said public office shall be held not later than the fourteenth day after the date of the aforementioned special primary or special primary runoff, whichever is later. Any runoff necessary from such election shall be held not later than the fourteenth day after the date of such election. The State executive committee of the party of the aforementioned deceased, disqualified or withdrawn candidate shall immediately notify the Secretary of State of such death, disqualification or withdrawal. The Secretary of State shall thereupon issue the call for the special primary and election specified above and shall notify the superintendent of each county involved, and it shall thereupon be the duty of the superintendents of each such county so notified to hold and conduct such special primary and election in accordance with the call issued by the Secretary of State.

"GA1978.1.1785">

(c) Any vacancy occurring in any party nomination (filled by primary) for a public office for which a candidate must qualify with the county executive committee by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination, shall be filled by substitute nomination made by special primary to be held not later than the fourteenth day after the scheduled date of the election for which the deceased, disqualified or withdrawn individual was a candidate. Candidates for such special primary shall qualify not later than 12:00 noon of the tenth day prior to the date of the special primary. Any runoff of candidates in such special primary shall be held not later than the tenth day after the date of the special primary. The election for said public office shall be held not later than the fourteenth day after the date of the aforementioned special primary or special primary runoff, whichever is later. Any runoff necessary from such election shall be held not later than the fourteenth day after the date of such election. The county executive committee of the party in the county of residence of the aforementioned deceased, disqualified or withdrawn candidate shall immediately notify the superintendent of such county of such death, disqualification or withdrawal. The superintendent shall thereupon issue the call for the special primary and election specified above and shall notify the Secretary of State, and it shall thereupon be the duty of the superintendent of such county to hold and conduct such special primary and election. (d) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (e) Upon the making of any such substituted nomination, in the manner prescribed in subsections (a) or (d) above, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths.

"GA1978.1.1786">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978. DEPARTMENT OF ADMINISTRATIVE SERVICESMILEAGE ALLOWANCE FOR USE OF PRIVATE VEHICLES. No. 1357 (House Bill No. 1820). AN ACT To amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), so as to change the automobile mileage allowance rate; to change the provisions relating to members of the General Assembly; 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 authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), 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. The officers, officials and employees of the Executive, Legislative and Judicial Branches of State Government shall be

"GA1978.1.1787">

paid 15 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by personal motor vehicle, and in addition to mileage shall be reimbursed for actual expenses incurred by reason of tolls and parking fees. Members of the General Assembly shall not receive the 15 cents per mile until members take office on the convening date of the General Assembly in regular session in 1979 and until that time shall receive 10 cents per mile. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978. CLERKS OF SUPERIOR COURTSRECORDING OF CRIMINAL CASES. Code Chapter 24-27 Amended. No. 1358 (House Bill No. 1848). AN ACT To amend Code Chapter 24-27, relating to clerks of superior courts, as amended, particularly by Section 4 of Ga. Laws 1977, p. 1098, so as to authorize the clerks of superior courts to record criminal cases on microfilm; to revise the fees of the clerks of superior courts; to provide for additional fees; 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 24-27, relating to clerks of superior courts, as amended, particularly by Section 4 of Ga. Laws 1977, p. 1098, is hereby amended by adding in paragraph 1. of Code Section 24-2715, relating to additional duties of the clerks, immediately following the words civil suit, the following:

"GA1978.1.1788">

or criminal case, so that when so amended, paragraph 1. shall read as follows: 1. To record in well-bound books, or microfilm, within six months after the final determination of any civil suit or criminal case, all the proceedings relating thereto: Provided, however, in the event any clerk shall elect to microfilm proceedings, he shall make available a machine for reading and reproducing such microfilmed matters. Section 2. Said Code Chapter 24-27, relating to clerks of superior courts, as amended, particularly by Section 4 of Ga. Laws 1977, p. 1098, is further amended by deleting from the enumeration of fees for criminal cases, the following: Recording proceedings in all cases of habeas corpus, per page... 1.50, and by adding to the enumeration of fees for civil cases, the following: Recording proceedings in all cases of habeas corpus, per page... 1.50. 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 4, 1978.

"GA1978.1.1789">

GEORGIA HEALTH CODE AMENDEDHOSPITALIZATION AND TREATMENT PROCEDURES. Code Chapter 88-5 Amended. No. 1359 (Senate Bill No. 449). AN ACT To amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to provide a new Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill; to provide for definitions; to provide for the rights of patients; to provide for retention of rights; to provide for protection of rights; to provide for rights to care and treatment and the quality thereof; to regulate certain restraints and abuses; to provide for refusal of treatment except in certain circumstances; to provide for communication and visits and the restriction thereof; to provide for the care and custody of personal effects; to provide for voting, employment, and confidentiality; to provide for the education of children; to provide for examination of patient records; to provide for judicial supervision and rights to legal counsel; to provide for the designation of facilities to receive patients; to provide for transfers; to provide for transportation; to provide for representatives, guardians, and notice; to provide for appeals; to provide for access to physicians; to provide for alternative placement; to provide for complaint procedures; to provide for liability; to provide for authority to receive voluntary patients and the procedures connected therewith; to provide for discharge of voluntary patients; to provide for notice of release rights; to provide for transfers to voluntary status; to provide for facilities for emergency admission and the procedures for admission thereto; to provide for examinations by physicians and in emergency facilities; to provide for release from emergency facilities and the procedures connected therewith; to provide for notice; to provide for psychiatric evaluation facilities and the procedures for admission and evaluation therein and for discharge and transfer therefrom; to provide for treatment facilities; to provide for involuntary treatment and the procedures connected therewith; to provide for failure to comply with service plans; to provide for hearing examiners, their appointment, authority, and duties; to provide for continued hospitalization and the procedures connected therewith; to provide for periodic review

"GA1978.1.1790">

of service plans and actions connected therewith; to provide for regulations; to provide for expenses of hearings and how paid; to provide procedures for nonresident patients; to provide for hospitalization by agencies of the United States; to provide for private facilities and hospitalization therein; to provide for validity of prior hospitalization orders; to provide for expenses for transporting and examining patients; to provide for transfers from out-of-state hospitals; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by striking Code Chapter 88-5, relating to hospitalization of the mentally ill, and inserting in lieu thereof the following new Code Chapter: CHAPTER 88-5. HOSPITALIZATION AND TREATMENT PROCEDURES FOR THE MENTALLY ILL 88-501. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meaning hereinafter respectively ascribed to them: (a) `Mentally ill' shall mean having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; (b) `Department' shall mean the Georgia Department of Human Resources and includes its duly authorized agents and designees; (c) `Facility' shall mean any State-owned or State-operated hospital or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are mentally ill, any facility operated or utilized for such purpose by the United States Veterans Administration or other federal agency, and any other hospital or facility within the State of Georgia approved for such purpose by the department;

"GA1978.1.1791">

(d) `Patient' shall mean any mentally ill person who seeks treatment under the provisions of this Chapter, or any person for whom such treatment is sought; (e) `Chief medical officer' shall mean the physician with overall responsibility for patient treatment at any facility receiving patients under the provisions of this Chapter or a physician appointed in writing as the designee of such chief medical officer; (f) `Superintendent' shall mean the chief administrative officer who has overall management responsibility at any facility receiving patients under the provisions of this Chapter, or an individual appointed as the designee of such superintendent; (g) `Physician' shall mean any person duly authorized to practice medicine in this State, under the provisions of Chapter 84-9 of the Georgia Code; (h) `Private facility' shall mean any hospital facility that is a proprietary hospital or a hospital operated by a nonprofit corporation or association, approved for the purposes of this Chapter as provided herein, and a hospital facility operated by a hospital authority created pursuant to the Hospital Authorities Law of Georgia, Chapter 88-18 of the Georgia Code; (i) `Peace officer' shall mean any federal, city, or county police officer, officer of the State Patrol, sheriff or deputy sheriff; (j) `Resident' shall mean a person who is a legal resident of the State of Georgia; (k) `Representatives' shall mean the persons appointed as provided in Section 88-502.18 to receive notice of the proceedings for hospitalization; (l) `Emergency receiving facility' shall mean a facility designated by the department to receive patients under emergency conditions as provided in Sections 88-504.1 through 88-504.6; (m) `Evaluating facility' shall mean a facility designated by the department to receive patients for psychiatric evaluation as provided in Sections 88-505.1 through 88-505.7;

"GA1978.1.1792">

(n) `Treatment facility' shall mean a facility designated by the department to receive patients for psychiatric treatment as provided in Sections 88-506.1 through 88-506.5; (o) `Penal offense' means a violation of a law of the United States, the State, or a political subdivision thereof for which the offender may be confined in a State prison or a city or county jail or any other penal institution; (p) `Clinical record' shall mean all parts of the record required to be maintained under Section 88-502.12 and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment; (q) `Treatment' shall mean care, diagnostic, and therapeutic services including the administration of drugs, and any other service for the treatment of an individual; (r) `Court' shall mean (1) In the case of an individual who is 17 years of age or older, the probate court for the county of residence of the patient or the county in which such patient is found. In any case in which the judge of said probate court is unable to hear a case brought under the provisions of this Chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis, or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment, or his successor in office, to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served.

"GA1978.1.1793">

(2) In the case of an individual who is under the age of 17 years, the juvenile court for the county of residence of the patient or the county in which such patient is found. (s) `Community mental health center' shall mean an organized program for the care and treatment of the mentally ill operated by a county board of health or such similar program recognized by a county board of health or the department; (t) `County board of health' shall mean a county board of health as established in accordance with Chapter 88-2, or the Constitution of this State, and includes its duly authorized agents; (u) `Full and fair hearing' or `hearing' shall mean a proceeding before a hearing examiner, under Section 88-506.5, or before a court, as defined in subsection (r) of this Section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be electronically recorded or recorded by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the superior court appoint such counsel. However, the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hearing examiner or the court. The patient shall have the right to confront and cross-examine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The patient shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing, and the patient need not be present if the patient consents; in either of these events however, the record shall reflect the reason for the hearing examiner's or the court's action; (v) `Mentally ill person requiring involuntary treatment' means a person who is mentally ill and (1) who presents a substantial risk

"GA1978.1.1794">

of imminent harm to himself or others as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to himself or to other persons, or (2) who is so unable to care for his own physical health and safety as to create an imminently life-endangering crisis; (w) `Individualized service plan' means a proposal developed during a patient's stay in a facility, under the provisions of this Chapter, which is specifically tailored to the individual patient's treatment needs. Each plan shall clearly include the following: (1) A statement of treatment goals or objectives, based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval; (2) Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include specific prognosis for achieving these goals; (3) Identification of the types of professional personnel who will carry out the treatment and procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under State and federal law; (4) Documentation of patient involvement and, if applicable, the patient's accordance with the service plan; (5) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the patient's home community; (x) `Least restrictive alternative', `least restrictive environment', or `least restrictive appropriate care and treatment' means that which is the least restrictive available alternative, environment, or care and treatment, as appropriate, within the limits of State funds specifically appropriated therefor. 88-502. Rights of patients.

"GA1978.1.1795">

88-502.1. Retention of rights. Patients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental illness shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law. 88-502.2. Protection of patient's rights. The individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients and their handling and treatment shall be under the supervision of a physician. 88-502.3. Rights to care and treatment. The policy of the State is that no person shall be denied care and treatment for mental illness, nor shall services be delayed at a facility of the State or a political subdivision of the State because of inability to pay. 88-502.4. Quality of care and treatment. (a) Each patient in a facility and each person receiving services for mental illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for his dignity and personal integrity. (b) Each patient shall have the right to participate in his care and treatment. The department shall issue regulations to insure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined, by the chief medical officer or the patient's treating physician, to be detrimental to the physical or mental health of the patient and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation and to be fully informed concerning his medication, including its side effect and available treatment alternatives.

"GA1978.1.1796">

(c) In order to assure proper care and treatment, the chief medical officer of a facility shall require that each patient receives such medical attention as is suitable to his condition, and that, unless the patient or, if applicable, his guardian having capacity to give such consent, shall consent in writing, no treatment shall be given which is not recognized as standard psychiatric treatment. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing. (d) If a patient hospitalized under the provisions of this Chapter is able to secure the services of a private physician, he shall be allowed to see his physician at any reasonable time. The chief medical officer is hereby authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician. (e) Every patient admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting facility as soon as possible after his admission. 88-502.5. Restraints and abuses. (a) Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. (b) Physical restraints shall not be applied unless it is determined by an attending physician to be absolutely necessary to prevent a patient from seriously injuring himself or others and is required by his medical needs. Such determination shall expire after 24 hours. An attending physician must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. 88-502.6. Right to refuse treatment. (a) It shall be the policy of the State to recognize the personal physical integrity of all patients.

"GA1978.1.1797">

(b) It shall be the policy of the State to reasonably protect the right of every individual to refuse medication except in cases where a physician determines that refusal would be unsafe to the patient or others. If the patient continues to refuse medication after such initial emergency treatment, a concurring opinion from a second physician must be obtained before medication can be continued without the patient's consent. Further, in connection with any hearing under the provisions of this Chapter, it shall be the policy that the patient has the right to appear and testify as free from any side effects or adverse effects of the medication as is reasonably possible. (c) Any patient objecting to the treatment being administered to him shall have a right to request a protective order pursuant to Section 88-502.14. (d) Except as provided in subsection (e) of this Section, consent to medical treatment and surgery shall be obtained and regulated by Georgia Code Chapter 88-29. (e) In cases of grave emergency where the medical staff of the facility in which a mentally ill individual has been accepted for treatment determines that immediate surgical or other intervention is necessary to prevent serious physical consequences or death, and where delay in obtaining consent would create a grave danger to the physical health of such person as determined by at least two physicians, then 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 of the 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 consequences of withholding consent to surgery or other intervention as contemplated by this Section. Any physician, agent, employee or official who obtains consent or relies on 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 said obtaining or relying upon such consent. Actual notice of

"GA1978.1.1798">

any action taken pursuant to this Section shall be given to the patient and the spouse, next of kin, attorney, guardian or representative of the patient as soon as practically possible. 88-502.7. Communication and visits. (a) Each patient in a facility shall have the right to communicate freely and privately with persons outside the facility and to receive visitors inside the facility. (b) Except as otherwise provided in this Section, each patient shall be allowed to receive, send and mail sealed, unopened correspondence and no patient's incoming or outgoing correspondence shall be opened, delayed, held or censored by the facility. (c) If there are reasonable grounds to believe that incoming mail contains items or substances which may be dangerous to the patient or others, the chief medical officer may direct reasonable examination of such mail and may after examination regulate the disposition of such items or substances therein found. All writings must be presented to the patient within 24 hours of inspection. (d) The chief medical officer may apply to the court for a temporary order to restrict outgoing mail. If the court determines at such application that probable cause exists that such mail is dangerous to the patient or others, the court may order such mail temporarily restricted provided that a full and fair hearing shall be held within five days after the issuance of such temporary order to determine whether or not an order of restriction for an extended time shall issue. In no event shall mail be restricted pursuant to such temporary order for more than five days after the date of the temporary order. If the court at the full and fair hearing, required to be held after the issuance of a temporary order, determines the patient's outgoing mail is dangerous to the patient or others, the court may order such mail restricted for an extended time not to exceed 30 days. Such order for restriction for an extended time may be renewed as necessary for periods not to exceed 30 days when the court, after another full and fair hearing for every such renewal, makes a new finding that such mail is dangerous to the patient or others. (e) If an injunction against communication by a patient is issued by a court, the chief medical officer shall restrict communication as provided by the order of the court.

"GA1978.1.1799">

(f) Any restriction of incoming or outgoing mail under subsections (c) or (d) of this Section shall not exceed a period of five days, except that such restriction may be renewed by the chief medical officer as necessary for a period not to exceed five days, provided that such renewal periods in the aggregate shall not exceed the period specified in the court order when outgoing mail is restricted pursuant to such order. Prior to each such renewal, the chief medical officer shall determine that such mail, or items or substances contained therein, continues to be dangerous to the patient or others. Correspondence of the patient with his attorney shall not be restricted in any manner under this Section. Correspondence of the patient with public officials shall not be restricted in any manner under subsection (c) of this Section. At each time a patient's incoming mail is ordered examined by the chief medical officer, and each time a patient's outgoing mail is ordered examined by a temporary court order, written notice of such order, and notice of a right to a full and fair hearing within five days after such temporary court order, shall be served on the patient and his representatives as provided in Section 88-502.18. A voluntary patient may waive in writing such notice to his representatives. (g) The circumstances surrounding the examination of any mail under subsections (c), (d), (e) or (f) of this Section shall be recorded on the patient's clinical record. (h) The chief medical officer is hereby authorized to establish reasonable regulations governing visitors, visiting hours and the use of telephones by patients. 88-502.8. Care and custody of personal effects. A patient's rights to his personal effects shall be respected. The chief medical officer may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken. 88-502.9. Voting in public elections. Each patient in a facility who is eligible to vote shall be given his right to vote in primary, special and general elections and in referenda. The superintendent of each facility shall permit and reasonably assist patients:

"GA1978.1.1800">

(a) to obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are prerequisite for voting; and (c) to vote by absentee ballot if necessary. 88-502.10. Employment outside the facility. If a patient wishes to be employed outside a facility and if such employment will aid in the patient's treatment, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of patients and shall promote the training of patients for gainful employment after discharge. All benefits of such employment shall accrue solely to the patient. 88-502.11. Education of children. The rights of any child under treatment in a facility to an appropriate education at public expense shall not be abridged during hospitalization and the special education needs of each child shall be individually considered and respected. The State Department of Human Resources and the State Department of Education shall assure that education is provided for all patients of school age who are hospitalized in any State-owned, operated, or designated facility. 88-502.12. Confidentiality. (a) A clinical record for each patient shall be maintained. The record shall include data pertaining to admission and such other information as may be required under regulations of the department. The clinical record shall not be a public record and no part of it shall be released except: (1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, the record or parts thereof may be released to physicians when and as necessary for the treatment of the patient; (2) A copy of the record may be released to any person or entity as designated in writing by the patient or, if appropriate, his parent or guardian;

"GA1978.1.1801">

(3) When the treatment plan of an involuntary patient involves transfer of that patient to another facility, community mental health center, or private practitioner, the record may be released to that facility, center or practitioner. The record of a voluntary patient or the record of an involuntary patient released from involuntary treatment may only be released in accordance with subsections (1), (2), (4), (5), (6), (7), (8), or (9) of this Section; (4) The record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient; (5) The record shall be released to the patient's attorney if the attorney so requests and the patient consents to the release; (6) In a bona fide medical emergency as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physician; (7) The record shall be produced by the entity having custody thereof at any hearing held under this Chapter at the request of the patient or his attorney; (8) The record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this State. (9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed whether a person is or has been a patient in a State facility as well as the patient's current address, if known. (b) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 38-418(5). (c) Any disclosure authorized by this Section or any unauthorized disclosure of confidential or privileged patient information or

"GA1978.1.1802">

communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. 88-502.13. Examination of patient records. (a) Except as provided in Section 88-502.4(b), every patient shall have the right to examine all medical records kept in the patient's name by the department or the facility where the patient was hospitalized or treated. (b) Every patient shall have the right to request that any inaccurate information found in his medical record be corrected. (c) The department shall promulgate reasonable rules and regulations to implement subsections (a) and (b) of this Section. Nothing contained herein shall be construed to require the deletion of information by the department, nor constrain the department from destroying patient records after a reasonable passage of time. (d) Notwithstanding the provisions of Code Section 24-1804(7) and (8), all files and records of a court in a proceeding under this Chapter shall remain sealed and are open to inspection only upon order of the court issued after notice to the patient, subject to the provisions of Section 88-502.12 pertaining to the medical portions of the record; provided that the court may refer to such files and records in any subsequent proceeding under this Chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection (d). The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information, and under whatever conditions upon their use and distribution the court may deem proper, and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order. 88-502.14. Judicial supervision. (a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to

"GA1978.1.1803">

request any court of competent jurisdiction on its own initiative to issue a writ for release. (b) A patient or his representatives may file a petition in the appropriate court, alleging that the patient is being unjustly denied a right or privilege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse of the provisions of this Chapter. 88-502.15. Right to legal counsel. It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization. 88-502.16. Designation of facility to receive patient. (a) The department may designate the State-owned or State-operated facility to which a patient is admitted under the provisions of this Chapter. If a patient is hospitalized under the provisions of this Chapter and is able to pay for treatment in a private facility approved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accept the patient, the department shall transfer the patient to that facility. If a private facility requests the department to take custody of a patient hospitalized therein under the provisions of this Chapter, the department shall accept the patient and designate the State-owned or State-operated facility to which the patient shall be admitted, provided the patient meets the criteria for admission under this Chapter. (b) When the needs of the patient or efficient utilization of any facility require, a patient may be transferred from one facility to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives, and the patient shall be advised in writing of the reasons for his transfer. A voluntary patient may be transferred only with his consent. 88-502.17. Transportation. The governing authority of the county of the patient's residence shall arrange for all required transportation

"GA1978.1.1804">

of the patient. Whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of patients. However, the type of vehicle to be furnished for the transportation of patients shall be in the discretion of the governing authority of the county. The court shall, upon the request of the county board of health, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county board of health is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother or adult son. 88-502.18. Selection of representatives and guardians ad litem; notice. (a) At the time a patient is admitted to any facility under the provision of this Chapter, the names and addresses of at least two representatives shall be entered in the patient's clinical record and notice of an involuntary patient's admission shall be given to such representatives in writing. If such involuntary admission is to an emergency receiving facility, notice shall also be given by that facility to the patient's representatives, by telephone or in person, as soon as possible. The patient may designate one representative; the second representative or in the absence of designation of one representative by the patient, both representatives shall be selected by the facility, one of whom shall be selected from the following in the order of listing: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next of kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing but shall not be the person who filed the petition. (b) At the time of admission of a patient under the provisions of this Chapter, the facility shall make diligent efforts to secure names and addresses of at least two representatives for the patient as provided for herein. If the facility is unable to secure at least two representatives after diligent search or if the department is the guardian of the patient, that fact shall be entered in the patient's clinical record and the facility shall apply to the court in the county of the patient's residence for the appointment of a guardian ad litem which guardian ad litem shall not be the department. On application of any person or on its own motion, the court may also appoint

"GA1978.1.1805">

a guardian ad litem for a patient for whom representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall act as representative of the patient on whom notice is to be served under the provisions of this Chapter and shall have the powers granted to representatives by this Chapter. (c) At any time notice is required by this Chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under subsection (a) of this Section. The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by first class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the patient's clinical record. Service shall be completed upon mailing. (d) At any time notice is required by this Chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to read a written notice understandably, a reasonable effort shall be made to explain the notice to him. (e) At the time a court enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the patient and his representatives as provided in subsection (c) of this Section. (f) In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this Chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment. 88-502.19. Appeal. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this Chapter to the superior court of the county in which the proceeding was held and may appeal any order of the juvenile court rendered in a proceeding under this Chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals

"GA1978.1.1806">

from the probate court to the superior court except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as now or hereafter provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal herein authorized or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as now or hereafter provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court. 88-502.20. Access to physicians. At reasonable times, the patient's attorney shall have the right to interview the physician and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is hereby authorized and directed to establish reasonable regulations to make available to the patient's attorney all information in the possession of the facility which he requires in order to advise and represent the patient concerning his hospitalization. 88-502.21. Alternative placement of the patient. It is the policy of the State that the least restrictive alternative placement be secured for every patient at every stage of his medical treatment and care. It shall be the duty of the facility to assist the patient in securing placement in noninstitutional community facilities and programs. 88-502.22. Complaint procedure. Each hospital shall establish a procedure whereby complaints of the patient, or complaints of the staff concerning treatment of the patient, can be speedily heard, with final decisions to be made by the superintendent or advisory committee, whichever is appropriate. The department shall establish reasonable rules and regulations for the implementation of such procedures. However, the patient shall not be required to utilize this procedure in lieu of other available legal remedies. 88-502.23. Liability for violations. Any physician, peace officer, attorney, health official, or hospital official, agent, or employee,

"GA1978.1.1807">

whether employed by a private hospital or at facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospital Authorities Law of Georgia, Chapter 88-18 of the Georgia Code, who acts in good faith in compliance with the admission and discharge provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility. 88-503.1. Authority to receive voluntary patients. (a) The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age, or older, making application therefor, any patient under 18 years of age for whom such application is made by his parent or guardian, and any patient who has been declared legally incompetent and for whom such application is made by his guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility until discharged pursuant to Sections 88-503.2 or 88-503.3; provided, however, that the parents or guardian of a minor child must give written consent to such treatment. An individualized service plan shall be developed for such person as soon as possible. (b) Any individual voluntarily admitted under the provisions of this Section shall be given notice of his rights under Sections 88-502 and 88-503.3 at the time of his admission. 88-503.2. Discharge of voluntary patients. The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the chief medical officer determines that hospitalization of the patient is no longer necessary; provided, however, that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or others. 88-503.3. Right of voluntary patients to discharge on application. A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to Section 88-503.1(a), or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney or adult next of kin, may request such patient's discharge

"GA1978.1.1808">

in writing at any time after his admission. This request may be submitted to the chief medical officer or to any staff physician or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must, within 24 hours, be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility unless the chief medical officer finds that the discharge would be unsafe to the patient or others, in which case proceedings for involuntary treatment must be initiated under Section 88-506. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto. 88-503.4. Notice of rights to release. At the time of his admission and each six months thereafter, any voluntary patient admitted to a facility under Section 88-503.1 shall be notified in writing of his right to discharge on application under Section 88-503.3, and of all other rights granted to patients under this statute. 88-503.5. Transfer to voluntary status. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred, unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs, and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given: to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under Section 88-504.2(a), to the physician executing the certificate; if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges

"GA1978.1.1809">

have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient, and such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Section. 88-504.1. Facility for emergency admission. Any State-owned or State-operated facility may be designated by the department as an emergency receiving facility. The department shall maintain an emergency receiving facility at each Georgia regional hospital which shall accept, under the provisions of Sections 88-504.2 through 88-504.6, patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. 88-504.2. Admission to an emergency receiving facility. (a) Any physician within this State may execute a certificate stating that he has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, the person appears to be a mentally ill person requiring involuntary treatment. A physician's certificate shall expire seven days after it is executed. Any peace officer, within 72 hours after receiving such certificate, shall make diligent efforts to take into custody the person named in the certificate and to deliver him forthwith to the nearest available emergency receiving facility serving the county in which the patient is found, where he shall be received for examination. (b) The appropriate court of the county in which a person may be found may issue an order commanding any peace officer to take such person into custody and deliver him forthwith for examination, either to the nearest available emergency receiving facility serving the county in which the patient may be found, where such person shall be received for examination, or to a physician who has agreed to examine such patient and who will provide, where appropriate, a certificate pursuant to subsection (a) of this Section to permit delivery of such patient to an emergency receiving facility pursuant to said subsection (a). Such order may only be issued if based either upon an unexpired physician's certificate, as provided in subsection (a) of this Section, or upon the affidavits of at least two persons who attest that, within the preceding 48 hours, they have seen the person

"GA1978.1.1810">

to be taken into custody and that, based upon observations contained in their affidavit, they have reason to believe such person is a mentally ill person requiring involuntary treatment. The court order shall expire seven days after it is executed. (c) Any peace officer taking into custody and delivering for examination a person, as authorized by subsections (a) or (b) of this Section, shall execute a written report detailing the circumstances under which such person was taken into custody. The report and either the physician's certificate or court order authorizing such taking into custody shall be made a part of the patient's clinical record. 88-504.3. Examination by a physician. A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician as provided in Section 88-504.2 or directly to an emergency receiving facility if (a) the person is committing a penal offense, and (b) the peace officer has probable cause for believing that the person is a mentally ill person requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report shall be made a part of the patient's clinical record. 88-504.4. Examination in emergency receiving facility. A patient who is received by an emergency receiving facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within 24 hours of the patient's admission to the emergency receiving facility. Within 24 hours of the execution of the physician's certificate, the patient shall be transported, as provided in Section 88-502.17, to an evaluating facility where he shall be received under the provisions of Section 88-505.4. 88-504.5. Release from emergency receiving facility. (a) At any time the examining physician concludes that the patient need

"GA1978.1.1811">

not be hospitalized or that further evaluation is not necessary, the patient shall be discharged, unless the patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (b) of this Section, and such patient may only be released from the facility into such custody. (b) Notice of any proposed discharge shall be given: to the patient and his representatives; if the patient was admitted to the facility under Section 88-504.2(a), to the physician who executed the certificate; if the patient was admitted to the facility under Section 88-504.2(b), to the court; if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. 88-504.6. Notice of right to court hearing. (a) Immediately upon arrival of a patient at an emergency receiving facility under Section 88-504.2, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.14. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel. (b) The notice of the patient's hospitalization in an emergency receiving facility given to the patient's representatives shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.14. 88-505.1. Facility for psychiatric evaluation. Any State-owned or State-operated facility may be designated by the department as an evaluating facility. The department shall maintain an evaluating facility at each Georgia regional hospital which shall accept, under the provisions of Sections 88-505.2 through 88-505.7, patients found in any county in the service region of the hospital designated by the department. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.

"GA1978.1.1812">

88-505.2. Petition for court-ordered evaluation. Proceedings for a court-ordered evaluation may be initiated in the following manner: (a) Any person may file an application, executed under oath, with the county board of health for a court-ordered evaluation of a person located within that county who is alleged to be a mentally ill person requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, the county board of health shall file a petition with the court in the county where the patient is located, seeking an involuntary admission for evaluation. (b) Any person may file a petition with the court executed under oath alleging that a person within the county is a mentally ill person requiring involuntary treatment. The petition must be accompanied by the certificate of a physician stating that he has examined the patient within the preceding five days and has found that the patient may be a mentally ill person requiring involuntary treatment and that a full evaluation of the patient is necessary. 88-505.3. Evaluation on court order. (a) The court shall review the petition filed under subsections 88-505.2(a) or (b), and if the court finds reasonable cause to believe that the patient may be a mentally ill person requiring involuntary treatment, the court shall hold a full and fair hearing on the petition no sooner than 10 days and no later than 15 days after such petition is filed. Within five days after the filing of such petition requiring a hearing, the court shall serve notice upon the patient and his representatives and upon the petitioner. Representatives for the patient shall be appointed pursuant to Section 88-502.18(a), provided that the court shall designate the second representative or, in the absence of designation of one representative by the patient, both representatives, and in the absence of such representatives or if the department is the guardian, the court shall appoint a guardian ad litem who is not the department. Such notice shall contain the information required in paragraphs (1), (2), and (5) of Section 88-506.2(a) and a copy of the petition shall be attached to the notice. The patient shall have a right to counsel. If the patient is unable to afford counsel, the court shall appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel. The

"GA1978.1.1813">

hearing may be waived by the patient after appointment or waiver of counsel. (b) After a full and fair hearing or if the hearing is waived after a full review of the evidence, if the court is satisfied that immediate evaluation is necessary, the court shall issue an order to any peace officer to deliver the patient forthwith to the evaluating facility designated by the department to serve the county of the court. 88-505.4. Admission to an evaluating facility. Any person who is brought to an evaluating facility under the provisions of Section 88-504.4 or under a court order as provided in Section 88-505.3 shall be received for evaluation and such treatment as is indicated by good medical practice. 88-505.5. Evaluation by an evaluating facility. (a) A patient who is admitted to an evaluating facility under Sections 88-504.4 or 88-505.4 may be detained for a period not to exceed five days, Saturdays, Sundays and holidays excluded, unless proceedings for continued hospitalization are utilized pursuant to paragraphs (1), (2) or (3) of this subsection. The staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization if hospitalization appears desirable, unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clinical record. Within the five-day evaluation period. (1) the patient must consent to hospitalization as a voluntary patient if the patient is 12 years of age or older and, in the opinion of the treating physician, is capable of understanding the nature of such consent, in which case the provisions of this Chapter on voluntary admission shall apply, or, (2) if the patient is under 18 years of age or, in the opinion of the treating physician, is incapable of understanding the nature of consent to hospitalization, the parent or guardian may make application for voluntary admission under Section 88-503.1(a), or (3) proceedings for involuntary treatment under Section 88-506.2 must be utilized and the petition and certificate referred to therein shall be filed within the five-day evaluation period, or

"GA1978.1.1814">

(4) the patient must be discharged. (b) If, after evaluation of the individual, it is determined by the chief medical officer that proceedings for involuntary treatment of the individual should be initiated under the provisions of Section 88-506.2, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. 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, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to this subsection, and such patient may only be released from the facility into such custody. Notice of the discharge shall be given: to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Section 88-504.4, to the physician who executed the certificate or to the court which issued the order pursuant to Section 88-504.2; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Section 88-505.3, to the court that ordered the evaluation. 88-505.7. Request to transfer. Any patient admitted to an evaluating facility may apply to the chief medical officer of that facility for transfer at his own expense to any other approved evaluating facility. If the evaluating facility to which transfer is requested agrees to admit the patient, he shall be transferred forthwith. In such case, the provisions of Section 88-505.5 shall apply and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given: to the patient's representatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Section 88-504.4, to the physician who executed the certificate or to the court which issued the order pursuant to Section

"GA1978.1.1815">

88-504.2; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Section 88-505.3, to the court that ordered the evaluation. 88-506.1. Facility of treatment. Any State-owned or State-operated facility may be designated by the department as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. 88-506.2. Determination of involuntary treatment. (a) The patient may be detained at a facility beyond the evaluation period, unless voluntary hospitalization is sought pursuant to paragraphs (1) or (2) of Section 88-505.5(a), only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under provisions of Sections 88-505.1 through 88-505.7, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the patient is a mentally ill person requiring involuntary treatment. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed, along with a petition for a hearing, in the court of the county in which the patient is being detained for evaluation. The certificate and petition shall be filed within five days, Saturdays, Sundays and holidays excluded, after the patient is admitted to a facility for evaluation under Section 88-505.4. Such filing shall authorize the patient to be retained by the facility pending completion of a full and fair hearing under this Section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) a notice that a hearing will be held and the time and place thereof; (2) a notice that the patient has a right to counsel and that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel and that the court will appoint counsel for the patient

"GA1978.1.1816">

unless the patient indicates in writing that he does not desire to be represented by counsel; (3) a copy of the individualized service plan developed by the facility under this Chapter; (4) a notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested service plan for the patient which conforms with the requirements of Section 88-501(w); and (5) a notice that the patient may waive in writing the hearing described in subsection (c) of this Section. (b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized service plan, and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the service plan. (c) In any case in which a patient is retained in an evaluation facility pursuant to a petition filed under subsection (a) of this Section, the court shall hold a full and fair hearing no sooner than seven days and no later than 12 days after the petition is filed with the court. Such hearing shall be to determine whether or not the patient is a mentally ill person requiring involuntary treatment, but the hearing may be waived in writing by the patient. At such hearing, if the court finds that the patient is not a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is a mentally ill person requiring involuntary treatment, the court shall determine, based upon either the individualized service plan prepared by the facility under this Chapter or the individualized service plan proposed by the physician chosen by the patient, whether there exists a program of treatment for the individual which is an alternative to hospitalization. If the court finds that such an alternative program exists, that such program involves an outpatient service plan which would be likely to reduce the potential for any harm or injuries which the individual may inflict upon himself or others, and that the treatment to be provided under the plan presents a reasonable expectation of accomplishing the treatment goals, the court shall order the patient to comply with the outpatient service

"GA1978.1.1817">

plan. If the court concludes from the evidence that the least restrictive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as provided in Section 88-502.17, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the accomplishment of the treatment goals for the patient requires some limited period of hospitalization, followed by treatment as an outpatient in a community mental health center, then the court may so order. (d) If the court concludes that the patient is in need of involuntary treatment as set forth above, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under Section 88-506.6(b). If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Section 88-506.5. 88-506.3. Failure to comply with service plan. If at any time during a period of outpatient treatment ordered, the patient should fail to comply with the outpatient service plan, or should the physician in charge of the patient's treatment determine at any point in the patient's treatment that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, the treating physician or the chief medical officer of the facility may petition for an order from the court, originally approving the involuntary treatment of the patient, to authorize any peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided herein. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court an updated individualized service plan for the patient. Copies of such petition shall be served upon the patient and his representatives, within five days after the patient is taken into custody pursuant to such order, and shall be accompanied by the updated plan and those items required by paragraphs (1), (2), (4), and (5) of Section 88-506.2(a). No sooner than 10 days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held to determine

"GA1978.1.1818">

whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Section 88-506.2, subject to the limitations in subsection (d) of said Section. 88-506.4. Hearing examiner. (a) One or more hearing examiners shall be appointed by the justices of the Supreme Court to hold the hearings provided under Section 88-506.5. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department. (b) The hearing examiners shall have the authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; (7) Make all appropriate orders authorized by this Chapter. (c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) In the event a patient cannot afford counsel in a hearing before the hearing examiner, the hearing examiner shall apply to the superior court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence.

"GA1978.1.1819">

(e) An order of the hearing examiner rendered in a hearing in Section 88-506.5 may be appealed to the superior court of the county in which the hearing was held in the manner provided by Section 88-502.19 for appeals from orders of other courts under this Chapter. 88-506.5. Procedure for continued hospitalization. (a) If continued hospitalization of a patient is necessary, the chief medical officer shall, prior to the expiration of the period during which the treatment facility is authorized to retain the patient by the provisions of this Chapter, apply for an order authorizing such continued hospitalization under the provisions of subsection (c) of this Section. (b) If the chief medical officer finds that continued hospitalization is necessary (1) for an individual who was admitted while serving a criminal sentence, but whose sentence is about to expire, or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court, but who is about to reach the age of 17, the chief medical officer shall apply for an order authorizing such continued hospitalization under subsection (c) of this Section and the provisions of this Chapter shall apply fully to such patient after that time. (c) The chief medical officer may seek an order authorizing continued hospitalization for up to six months by filing a petition therefor in the applicable court in the county where the patient is found, along with an updated individualized service plan for the patient. Such petition shall be filed no later than 20 days prior to the expiration of that period during which the patient may be retained for hospitalization, as such period is referred to in subsections (a) and (b) of this Section. Within five days after such filing, the court shall send by first class mail the petition and the updated service plan to the office of the hearing examiner. The hearing examiner shall hold a full and fair hearing on such petition no sooner than 15 days and no later than 20 days after the petition is filed and, within 10 days after such petition is filed, shall send notice of such hearing to the court, the chief medical officer, and to the patient and his representatives. Such notice to the patient and his representatives shall contain the information required in paragraphs (1), (2), (4), and (5) of Section 88-506.2(a), along with the updated individualized service plan and a statement that the patient or his representatives may apply for a change of venue. The patient or his

"GA1978.1.1820">

representatives may apply for a change of venue for the convenience of parties or witnesses, and such change may be ordered within the discretion of the hearing examiner. The facility may retain the patient pending the outcome of the hearing, provided such full and fair hearing is held within the time provided herein. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsection (c) of Section 88-506.2, subject to the limitations in subsection (d) of said Section. 88-506.6. Periodic review of service plan. (a) Each individualized service plan shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information, and input from the patient should be obtained and utilized where feasible. (b) Any time a patient is found by the chief medical officer no longer to be a mentally ill person requiring involuntary treatment, the chief medical officer may (1) discharge the patient, unless the patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to this subsection (b) and such patient may only be released from the facility into such custody, or (2) transfer the patient to voluntary status at the patient's request as provided in Section 88-503.5. Notice of the discharge or the transfer of status shall be given: to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient.

"GA1978.1.1821">

88-507.1. Authority of department to issue regulations. The department is hereby directed to issue and enforce regulations to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of the mentally ill, as set forth in Sections 88-502.1 through 88-502.24. In addition to the other powers provided by this Chapter, the department shall have the authority to prescribe the forms of applications, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the information required to be contained therein, to require such reports from any facility as it may find necessary to the performance of its duties or functions, to visit regularly to review the hospitalization procedures applied to all patients, to determine the care and treatment being given any and all patients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appropriate to carry out the provisions of this Chapter: Provided, however, that the requirements of this Section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Veterans Administration or other federal agency. 88-507.2. Expenses of hearings; how paid. (a) The expenses of any hearing held under this Chapter by a court or by a hearing examiner shall be paid by the county in which the patient has his residence or, if the patient is a transient, by the county in which the patient was initially taken into the custody of the State. No money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the appropriate court shall be the same as provided for in other appeals from the probate and juvenile courts. An affidavit, executed by the judge of the court before whom the hearing was held, shall be sufficient to authorize the governing body of the county responsible to authorize the payment of such expenses. (b) The total costs to be paid to the court for a full and fair hearing under this Chapter shall be the sum of $40.00, excluding attorneys' fees.

"GA1978.1.1822">

(c) For any hearing under the provisions of this Chapter, the fee to be paid to an attorney appointed to represent a patient shall be as agreed upon between the attorney and the appointing court but shall not exceed an amount determined by utilizing the fee schedule followed by the county in appointed criminal cases, plus actual expenses which the attorney may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein. 88-507.3. Procedure upon discovery that individual is a nonresident. If a hospitalized patient is discovered not to be a `resident' as defined in Section 88-501 hereof, the superintendent of the treatment facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the State of his residence or to a publicly owned or publicly operated psychiatric hospital in the State of his residence: Provided, that nothing contained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, custody, care, or treatment of such individual in accordance with the terms of any reciprocal agreement between the State of Georgia and any other state, the District of Columbia, or territory or possession of the United States. This Section shall not apply to persons confined to any facility operated by or under the control of the United States Veterans Administration or other federal agency. 88-507.4. Hospitalization by an agency of the United States. (a) If a patient ordered to be hospitalized pursuant to this Chapter is eligible for hospital care or treatment by the United States Veterans Administration, the department, upon receipt of a certificate from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care or treatment therein, may transfer him to the custody of such agency for hospitalization. When any such patient is admitted under this Section to any such hospital or institution within or without the State, he shall be subject to the rules and regulations of such agency. The superintendent and chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized, with respect to such individual, shall be vested with the same powers and duties as the superintendent and chief medical officer of facilities within

"GA1978.1.1823">

this State with respect to all matters within the provisions of this Chapter. Jurisdiction is retained in the appropriate courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of his hospitalization, and to order his release, and every transfer of a patient by the department pursuant to this Section is so conditioned. (b) An order of a court of competent jurisdiction of another state, territory, or possession, or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the court entering the order; and the courts of the state, territory, possession or district issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of inquiring into his mental condition and determining the necessity for continuance of his hospitalization as is provided in subsection (a) of this Section with respect to patients ordered hospitalized by the courts of this State. Consent is hereby given to the application of the law of the state, territory, possession or district in which is located the court issuing the order for hospitalization with respect to the authority of the chief medical officer of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the patient hospitalized: Provided, however, that the provisions of this subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administration or other federal agency. 88-507.5. Private facilities. Any private facility within this State may be approved as a private emergency receiving facility, a private evaluating facility, or a private treatment facility by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter on voluntary admission, emergency admission, admission for evaluation, and involuntary hospitalization, and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any patient who is unable to pay for hospitalization in such private facility or for whom space is not available in

"GA1978.1.1824">

such private facility. The courts may order or authorize a patient to be hospitalized in any such private facility under this Chapter only with the prior agreement of such facility to receive the patient, and with the approval of the patient or his representatives. 88-507.6. Validity of prior hospitalization orders. No hospitalization of a mentally ill person, lawful before the effective date of this Act, shall be deemed unlawful because of the enactment of this Chapter. The department is authorized to establish reasonable regulations to require that the chief medical officer of each treatment facility apply under Section 88-506.5 for an order authorizing continued hospitalization of any patient for whom such hospitalization is necessary who was initially hospitalized under an order of a court prior to the effective date of this Act. Such prior orders of hospitalization entered by the courts, unless superseded by an order under this Chapter, shall remain valid until six months following the effective date of this Act, after which all such orders shall be null and void and of no effect. 88-507.7. Expenses for transporting and examining patients. The responsibility for paying the expenses for transporting patients and the expenses for examining and caring for patients which are not provided for under Chapter 35-11, relating to the payment of costs of care of persons admitted to State institutions under the department, shall be in the following order: (a) The patient or his estate; (b) Persons legally obligated or legally responsible for the support of the patient; (c) The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility; (d) The department, when the General Assembly appropriates funds for such purpose. The patient or those legally obligated for his support shall not be responsible for these expenses where the expenses were incurred in transporting a patient who is released by a court or a facility before involuntary treatment as not being a mentally ill person in need of involuntary treatment.

"GA1978.1.1825">

The department is hereby authorized to issue rules and regulations governing the provisions of this Section as it relates to said department. 88-507.8. Transfer of Georgia residents from out-of-state mental hospitals. Upon application to the department by a parent, spouse, next of kin, or guardian or by an agency of another state in which the patient is hospitalized, such patient shall be eligible to be hospitalized in the State of Georgia if found by the department to be a legal resident of Georgia. The department shall designate a hospital to which such patient will be transported at no expense to the State of Georgia. The superintendent of such hospital and the next of kin or guardian of the patient shall be notified of this action. The chief medical officer shall be authorized to hospitalize the patient for a period not to exceed five days unless prior to the expiration of such period (a) the patient shall have voluntarily agreed to hospitalization or (b) involuntary proceedings shall have been instituted under this Chapter. After a thorough physical and mental examination has been made by the medical staff of such hospital, the chief medical officer of the hospital or his designee is hereby authorized to sign an application for involuntary hospitalizatio if this be necessary. Such application shall be forwarded to the court of the county in which that hospital is located for action pursuant to the provisions of this Chapter in relation thereto. Section 2. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall become effective on September 1, 1978.

"GA1978.1.1826">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978. GEORGIA HEALTH CODE AMENDEDHABILITATION OF MENTALLY RETARDED PERSONS. Code Chapter 88-25 Amended. No. 1360 (Senate Bill No. 450). AN ACT To amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to provide a new Chapter 88-25, relating to habilitation procedures for the mentally retarded; to provide for a declaration of policy; to provide for definitions; to provide for the rights of clients; to provide for retention of rights; to provide for protection of rights; to provide for rights to habilitation and the quality thereof; to regulate certain restraints and abuses; to provide for refusal of treatment except in certain circumstances; to provide for communication and visits and the restriction thereof; to provide for the care and custody of personal effects; to provide for voting, employment, and confidentiality; to provide for the education of children; to provide for examination of client records; to provide for judicial supervision and rights to legal counsel; to provide for the designation of facilities to receive clients; to provide for transfers; to provide for transportation; to provide for representatives, guardians, and notice; to provide for appeals; to provide for access to physicians; to provide for alternative placement; to provide for complaint procedures; to provide for liability; to provide procedures for orders to receive services from the department; to provide for petitions, notice and hearings, evaluations and review; to provide for procedures to receive services without court order; to provide for application for discharge; to provide authority of the court to enforce plans; to provide for hearing examiners, their appointment, authority, and duties; to provide procedures for continued habilitation in a facility and the

"GA1978.1.1827">

procedures connected therewith; to provide for periodic review of program plans and actions connected therewith; to provide for discharge of clients; to provide for regulations; to provide for expenses of hearings and how paid; to provide procedures for nonresident clients; to provide for services by agencies of the United States; to provide for private facilities and services therein; to provide for validity of prior hospitalization orders; to provide for expenses for transporting and examining clients; to provide for transfers from out-of-state facilities; to provide an effective date; to provide for severability; to provide for the repeal of a certain Section of this Chapter upon certain conditions; to provide for construction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by striking in its entirety Chapter 88-25, relating to training, treatment, hospitalization, or rehabilitation of the mentally retarded, and inserting in lieu thereof a new Code Chapter 88-25, to read as follows: CHAPTER 88-25. HABILITATION OF MENTALLY RETARDED PERSONS 88-2501. Declaration of Policy. The State of Georgia recognizes the capacity of all of its citizens, including those who are mentally retarded, to be both personally and socially productive; and further recognizes its obligation to provide aid in the form of a coordinated system of community facilities, programs and services to mentally retarded citizens so that they may achieve a greater measure of independence and fulfillment, and more fully enjoy their rights of citizenship. 88-2502. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meaning hereinafter ascribed to them: (a) `Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which originates in the developmental period;

"GA1978.1.1828">

(b) `Department' means the Georgia Department of Human Resources and includes its duly authorized agents and designees; (c) `Comprehensive evaluation team' or `comprehensive habilitation team' means, and shall consist of, a group of persons with special training and experience in the assessment of needs and provision of services for mentally retarded persons, which group shall include, at a minimum, persons qualified to provide social, psychological, medical and other services. The department shall specify the qualifications of the individuals who compose a comprehensive evaluation team or a comprehensive habilitation team and shall ensure that such teams are located throughout the State so as to provide diagnostic and evaluation and habilitation services for all citizens of Georgia; (d) `Mentally retarded person in need of community services' means a mentally retarded person who, after comprehensive evaluation and hearing, is found to be in need of community services as defined in Section 3(c) of the Community Services Act for the Mentally Retarded, approved March 31, 1972 (Ga. Laws 1972, p. 700); (e) `Habilitation' means the process by which program personnel assist clients to acquire and maintain those life skills which enable them to cope more effectively with the demands of their own persons and of their environment, and to raise the level of their physicial, mental, social and vocational efficiency; (f) `Facility' means any State-owned or State-operated institution utilized 24 hours a day for the habilitation and residence of persons who are mentally retarded, any facility operated or utilized for such purpose by the United States Veterans Administration or other federal agency, and any other facility within the State of Georgia approved for such purpose by the department; (g) `Client' means any mentally retarded person who seeks habilitation under the provisions of this Chapter, or any person for whom such habilitation is sought; (h) `Superintendent' means the chief administrative officer who has overall management responsibility at any facility receiving mentally retarded persons under the provisions of this Chapter, or an individual appointed as the designee of such superintendent;

"GA1978.1.1829">

(i) `Individualized program plan' means a proposal written in behavioral terms developed by the comprehensive evaluation team specifically tailored to the needs of an individual client's habilitation. Each plan shall include: (1) A statement of the nature of the specific problem and the specific needs of the client; (2) A statement of the least restrictive setting and conditions necessary to achieve the purposes of habilitation based upon the needs of the client; (3) A description of intermediate and long-range goals with the projected timetable for their attainment; (4) A description of proposed program, facility, or department(s) responsible for involvement with the client in order to attain these goals; (5) An explanation of criteria for rejection of other alternative settings for habilitation; (6) Proposed criteria enumerated for release to less restrictive settings for habilitation. (j) `Peace officer' means any federal, city or county police officer, officer of the State Patrol, sheriff or deputy sheriff; (k) `Resident' means a person who is a legal resident of the State of Georgia; (l) `Representatives' means the persons appointed as provided in Section 88-2503.18 to receive any notice under this Chapter; (m) `Clinical record' means all parts of the record required to be maintained under Section 88-2503.12 and shall include all habilitation records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which pertains to the client's habilitation; (n) `Court' shall mean:

"GA1978.1.1830">

(1) In the case of an individual who is 17 years of age or older, the probate court for the county of residence of the client or the county in which such client is found. In any case in which the judge of said probate court is unable to hear a case brought under the provisions of this Chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis, or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment, or his successor in office, to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served. (2) In the case of an individual who is under the age of 17 years, the juvenile court for the county of residence of the client or the county in which such client is found. (o) `County board of health' means a county board of health as established in accordance with Chapter 88-2 of the Georgia Code or the Constitution of this State, and includes its duly authorized agents; (p) `Full and fair hearing' or `hearing' shall mean a proceeding before a hearing examiner, under Section 88-2507, or before a court, as defined in subsection (n) of this Section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be electronically recorded or recorded by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the superior court appoint such counsel. The client shall have the right to confront and crossexamine witnesses and to offer evidence. The client shall have the

"GA1978.1.1831">

right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be excluded from the hearing, and the client need not be present if the client consents; in either of these events however, the record shall reflect the reason for the hearing examiner's or the court's action; (q) `Person in charge of a client's habilitation' means a superintendent of a facility, case manager or other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this Chapter; (r) `Mentally retarded person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which originates in the developmental period; (s) `Least restrictive alternative', `least restrictive setting and conditions', or `least restrictive appropriate habilitation' means that which is the least restrictive available alternative, setting and conditions, or appropriate habilitation, as applicable, within the limits of State funds specifically appropriated therefor. 88-2503. Rights of clients. 88-2503.1. Retention of rights. Clients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for mental retardation shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.

"GA1978.1.1832">

88-2503.2. Protection of client's rights. The individual dignity of the client shall be respected at all times and upon all occasions, including any occasion wherein the client is taken into custody, detained or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally retarded. 88-2503.3. Rights to habilitation. The policy of the State is that no person shall be denied habilitation services for mental retardation, nor shall services be delayed at a facility of the State or a political subdivision of the State because of inability to pay. 88-2503.4. Quality of habilitation. (a) Each client in a facility and each person receiving services for mental retardation shall receive habilitation that is suited to his needs and is the least restrictive appropriate habilitation. Such habilitation shall be administered skillfully, safely, and humanely with full respect for his dignity and personal integrity. (b) Each client shall have the right to participate in his habilitation. The department shall issue regulations to insure that each client participates in his habilitation to the maximum extent possible. Unless the disclosure to the client is determined, by the superintendent or person having charge of the client's habilitation, to be detrimental to the physical or mental health of the client and unless a notation to that effect is made a part of the client's record, the client shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the habilitation recommendation and to be fully informed concerning his medication, including its side effect and available treatment alternatives. (c) In order to assure proper habilitation, the superintendent of a facility shall require that each client receives such medical attention as is suitable to his condition. (d) If a client admitted to a facility under the provisions of this Chapter is able to secure the services of a private physician, he shall be allowed to see his physician at any reasonable time. The superintendent is hereby authorized and directed to establish regulations designed to facilitate examination and treatment which a client may request from such private physician.

"GA1978.1.1833">

(e) Every client admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting facility as soon as possible after his admission. 88-2503.5. Restraints and abuses. (a) Mistreatment, neglect, or abuse in any form of any client is prohibited. Medication in quantities that interfere with the client's habilitation program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective habilitation and protecting the safety of the client and other persons. (b) Physical restraints shall not be applied unless it is determined by an attending physician to be absolutely necessary to prevent a client from seriously injuring himself or others and is required by his medical needs. Such determination shall expire after 24 hours. An attending physician must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the client. A copy of each such entry shall be forwarded to the superintendent for review. A client placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. 88-2503.6. Right to refuse treatment. (a) It shall be the policy of the State to recognize the personal physical integrity of all clients. (b) It shall be the policy of the State to reasonably protect the right of every individual to refuse medication except in cases where a physician determines that refusal would be unsafe to the client or others. If the client continues to refuse medication after such initial emergency treatment, a concurring opinion from a second physician must be obtained before medication can be continued without the client's consent. Further, in connection with any hearing under the provisions of this Chapter, it shall be the policy that the client has the right to appear and testify as free from any side effects or adverse effects of the medication as is reasonably possible. (c) Any client objecting to the treatment being administered to him shall have a right to request a protective order pursuant to Section 88-2503.14.

"GA1978.1.1834">

(d) Except as provided in subsection (e) of this Section, consent to medical treatment and surgery shall be obtained and regulated by Georgia Code Chapter 88-29. (e) In cases of grave emergency where the medical staff of the facility in which a mentally retarded person has been accepted for habilitation determines that immediate surgical or other intervention is necessary to prevent serious physical consequences or death, and where delay in obtaining consent would create a grave danger to the physical health of such person as determined by at least two physicians, then 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 of the physicians shall be entered into the medical records of the client and this will be proper consent for such surgery or other intervention. Such consent will be valid notwithstanding the type of admission of the client, and it shall also be valid whether or not the client 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 consequences of withholding consent to surgery or other intervention as contemplated by this Section. Any physician, agent, employee or official who obtains consent or relies on 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 said obtaining or relying upon such consent. Actual notice of any action taken pursuant to this Section shall be given to the client and the spouse, next of kin, attorney, guardian or representative of the client as soon as practically possible. 88-2503.7. Communication and visits. (a) Each client in a facility shall have the right to communicate freely and privately with persons outside the facility and to receive visitors inside the facility. (b) Except as otherwise provided in this Section, each client shall be allowed to receive, send and mail sealed, unopened correspondence and no client's incoming or outgoing correspondence shall be opened, delayed, held or censored by the facility.

"GA1978.1.1835">

(c) If there are reasonable grounds to believe that incoming mail contains items or substances which may be dangerous to the client or others, the superintendent may direct reasonable examination of such mail and may after examination regulate the disposition of such items or substances therein found. All writings must be presented to the client within 24 hours of inspection. (d) The superintendent may apply to the court for a temporary order to restrict outgoing mail. If the court determines at such application that probable cause exists that such mail is dangerous to the client or others, the court may order such mail temporarily restricted provided that a full and fair hearing shall be held within five days after the issuance of such temporary order to determine whether or not an order of restriction for an extended time shall issue. In no event shall mail be restricted pursuant to such temporary order for more than five days after the date of the temporary order. If the court at the full and fair hearing, required to be held after the issuance of a temporary order, determines the client's outgoing mail is dangerous to the client or others, the court may order such mail restricted for an extended time not to exceed 30 days. Such order for restriction for an extended time may be renewed as necessary for periods not to exceed 30 days when the court, after another full and fair hearing for every such renewal, makes a new finding that such mail is dangerous to the client or others. (e) If an injunction against communication by a client is issued by a court, the superintendent shall restrict communication as provided by the order of the court. (f) Any restriction of incoming or outgoing mail under subsections (c) or (d) of this Section shall not exceed a period of five days, except that such restriction may be renewed by the superintendent as necessary for a period not to exceed five days, provided that such renewal periods in the aggregate shall not exceed the period specified in the court order when outgoing mail is restricted pursuant to such order. Prior to each such renewal, the superintendent shall determine that such mail, or items or substances contained therein, continues to be dangerous to the client or others. Correspondence of the client with his attorney shall not be restricted in any manner under this Section. Correspondence of the client with public officials shall not be restricted in any manner under subsection (c) of

"GA1978.1.1836">

this Section. At each time a client's incoming mail is ordered examined by the superintendent, and each time a client's outgoing mail is ordered examined by a temporary court order, written notice of such order, and notice of a right to a full and fair hearing within five days after such temporary court order, shall be served on the client and his representatives as provided in Section 88-2503.18. (g) The circumstances surrounding the examination of any mail under subsections (c), (d), (e) or (f) of this Section shall be recorded on the client's clinical record. (h) The superintendent is hereby authorized to establish reasonable regulations governing visitors, visiting hours and the use of telephones by clients. 88-2503.8. Care and custody of personal effects. A client's rights to his personal effects shall be respected. The superintendent may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the client's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken. 88-2503.9. Voting in public elections. Each client in a facility who is eligible to vote shall be given his right to vote in primary, special and general elections and in referenda. The superintendent of each facility shall permit and reasonably assist clients: (a) to obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are prerequisite for voting; and (c) to vote by absentee ballot if necessary. 88-2503.10. Employment outside the facility. If a client wishes to be employed outside a facility and if such employment will aid in the client's habilitation, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of clients and shall promote the training of clients for gainful employment

"GA1978.1.1837">

after discharge. All benefits of such employment shall accrue solely to the client. 88-2503.11. Education of children. The rights of any child receiving habilitation in a facility to an appropriate education at public expense shall not be abridged during hospitalization and the special education needs of each child shall be individually considered and respected. The State Department of Human Resources and the State Department of Education shall assure that education is provided for all clients of school age who are in any State-owned, operated, or designated facility. 88-2503.12. Confidentiality. (a) A clinical record for each client shall be maintained. The record shall include data pertaining to admission and such other information as may be required under regulations of the department. The clinical record shall not be a public record and no part of it shall be released except: (1) When the superintendent of the facility where the record is kept deems it essential for continued habilitation, the record or parts thereof may be released to persons in charge of a client's habilitation when and as necessary for the habilitation of the client; (2) A copy of the record may be released to any person or entity as designated in writing by the client or, if appropriate, his parent or guardian; (3) When the habilitation plan of the client involves transfer of that client to another facility, or involves the receipt of community services by the client, the record may be released to that facility or to that entity rendering such community services; (4) The record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper habilitation of the client; (5) The record shall be released to the client's attorney if the attorney so requests and the client consents to the release; (6) In a bona fide medical emergency as determined by a physician treating the client, the superintendent may release the client's record to the treating physician;

"GA1978.1.1838">

(7) The record shall be produced by the entity having custody thereof at any hearing held under this Chapter at the request of the client or his attorney; (8) The record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this State; (9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed whether a person is or has been a client in a State facility as well as the client's current address, if known. (b) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client except for communications privileged under Code Section 38-418(5) as to which the privilege has not been effectively waived. (c) Any disclosure authorized by this Section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. 88-2503.13. Examination of client records. (a) Except as provided in Section 88-2503.4(b), every client shall have the right to examine all medical records kept in the client's name by the department or the facility where the client was receiving services. (b) Every client shall have the right to request that the department or facility correct information found in the medical record. (c) The department shall promulgate reasonable rules and regulations to implement subsections (a) and (b) of this Section. Nothing contained herein shall be construed to require the deletion of information by the department, nor constrain the department from destroying client records after a reasonable passage of time. (d) Notwithstanding the provisions of Code Section 24-1804(7) and (8), all files and records of a court in a proceeding under this

"GA1978.1.1839">

Chapter shall remain sealed and are open to inspection only upon order of the court issued after notice to the client, subject to the provisions of Section 88-2503.12 pertaining to the medical portions of the record; provided that the court may refer to such files and records in any subsequent proceeding under this Chapter concerning the same client, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection (d). The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information, and under whatever conditions upon their use and distribution the court may deem proper, and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order. 88-2503.14. Judicial supervision. (a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release. (b) A client or his representatives may file a petition in the appropriate court, alleging that the client is being unjustly denied a right or privilege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse of the provisions of this Chapter. 88-2503.15. Right to legal counsel. It shall be the responsibility of the department to see that every client is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during habilitation in a facility. 88-2503.16. Designation of facility to receive client. (a) The department may designate the State-owned or State-operated facility to which a client is admitted under the provisions of this Chapter.

"GA1978.1.1840">

If a client receives habilitation under the provisions of this Chapter and is able to pay for habilitation in a private facility approved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accept the client, the department shall transfer the client to that facility. If a private facility requests the department to take custody of a client receiving habilitation therein under the provisions of this Chapter, the department shall accept the client and designate the State-owned or State-operated facility to which the client shall be admitted, provided the client meets the criteria for admission under this Chapter. (b) When the needs of the client or efficient utilization of any facility requires, a client may be transferred from one facility to another, and notice of and the reasons for such transfer shall be provided pursuant to Section 88-2508(b). 88-2503.17. Transportation. The governing authority of the county of the client's residence shall arrange for all required transportation of the client. Whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of clients. However, the type of vehicle to be furnished for the transportation of clients shall be in the discretion of the governing authority of the county. The court shall, upon the request of the county board of health, order the sheriff to transport the client in such manner as the client's condition demands. At any time the county board of health is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother or adult son. 88-2503.18. Selection of representatives and guardians ad litem; notice. (a) At the time a client is admitted to any facility under the provision of this Chapter, the names and addresses of at least two representatives shall be entered in the client's clinical record and notice of a client's admission shall be given to such representatives in writing. The client may designate one representative; the second representative or, in the absence of designation of one representative by the client, both representatives shall be selected by

"GA1978.1.1841">

the facility, one of whom shall be selected from the following in the order of listing: the client's legal guardian, spouse, an adult child, parent, attorney, adult next of kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing but shall not be the person who filed the petition. (b) At the time of admission of a client under the provisions of this Chapter, the facility shall make diligent efforts to secure names and addresses of at least two representatives for the client as provided for herein. If the facility is unable to secure at least two representatives after diligent search or if the department is the guardian of the client, that fact shall be entered in the client's clinical record and the facility shall apply to the court in the county of the client's residence for the appointment of a guardian ad litem which guardian ad litem shall not be the department. On application of any person or on its own motion, the court may also appoint a guardian ad litem for a client for whom representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the client's rights. Such guardian ad litem shall act as representative of the client on whom notice is to be served under the provisions of this Chapter and shall have the powers granted to representatives by this Chapter. (c) At any time notice is required by this Chapter to be given to the client's representatives, such notice shall be served on the representatives designated under subsection (a) of this Section. The client's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by first class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the client's clinical record. Service shall be completed upon mailing. (d) At any time notice is required by this Chapter to be given to the client, the date on which notice is given shall be entered on the client's clinical record. If the client is unable to read a written notice understandably, a reasonable effort shall be made to explain the notice to him. (e) At the time a court enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the client and his representatives as provided in subsection (c) of this Section.

"GA1978.1.1842">

(f) In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this Chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment. 88-2503.19. Appeal. The client, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this Chapter to the superior court of the county in which the proceeding was held and may appeal any order of the juvenile court rendered in a proceeding under this Chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as now or hereafter provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal herein authorized or must make an affidavit that he is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as now or hereafter provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court. 88-2503.20. Access to physicians. At reasonable times, the client's attorney shall have the right to interview the persons in charge of the client's habilitation in any facility and to have the client's records interpreted by them. The superintendent is hereby authorized and directed to establish reasonable regulations to make available to the client's attorney all information in the possession of the facility which he requires in order to advise and represent the client concerning his habilitation. 88-2503.21. Alternative placement of the client. It is the policy of the State that the least restrictive alternative placement be secured for every client at every stage of his habilitation. It shall be the duty of the facility to assist the client in securing placement in noninstitutional community facilities and programs.

"GA1978.1.1843">

88-2503.22. Complaint procedure. The department shall establish a procedure whereby complaints of the client or complaints of the staff concerning admission, treatment or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent or advisory committee, whichever is appropriate, with the right of appeal to the Director of the Division of Mental Health and Mental Retardation, or his designee. The department shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize this procedure in lieu of other available legal remedies. 88-2503.23. Liability for violations. Any physician, peace officer, attorney, health official, or hospital official, agent, or employee, whether employed by a private hospital or at facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospital Authorities Law of Georgia, Chapter 88-18 of the Georgia Code, who acts in good faith in compliance with the admission and discharge provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a client to a facility or the discharge of a client from a facility. 88-2504. Procedure for order to receive services from the department. (a) Any person may file a petition applying for an order to receive services from the department for a mentally retarded citizen of the State of Georgia. Said petition shall be executed under oath in the court of the county in which the allegedly mentally retarded person is a resident or where such person is found. The petition shall assert that the petitioner believes that the client is mentally retarded, and (1) that the petitioner is the parent, guardian or person standing in loco parentis of the client for whom habilitative services are being sought, and that he is unable to obtain adequate and appropriate programs and services as defined in Code Section 99-3303 and Section 2 of the Adequate Program for Education in Georgia Act, as amended, to meet the needs of the client or (2) that the petitioner believes that the parent, guardian or person acting in loco parentis has failed or is unable to secure adequate and appropriate programs and services as defined in Code Section 99-3303 and Section 2 of the Adequate Program for Education in Georgia Act, as amended, to meet the needs of the client. The petition shall set forth the alleged facts upon which the above assertions

"GA1978.1.1844">

are based, the names and addresses, if known, of any witnesses who allege relevant facts, and, if known, the names and addresses of the nearest relatives and/or guardian of the client. (b) The court shall review the petition filed under subsection (a) of this Section, and if the court finds reasonable cause to believe that the client might be mentally retarded and is not receiving adequate and appropriate care, training, education, habilitation, or other specialized services, the court shall issue an order within 72 hours of the filing of the petition that said client be examined by a comprehensive evaluation team. Notice of said order shall be sent to the client and his two (2) representatives who shall be appointed by the court, as provided in Section 88-2503.18. If the client and his representatives fail to comply with the order for evaluation, within five days, Saturdays, Sundays and holidays excluded, after the date set by the order for the client to be evaluated, the comprehensive evaluation team shall notify the court of the failure to appear, along with the alleged factual situation which is the cause for noncompliance, and the court may take appropriate action to facilitate the attendance of the client before the comprehensive evaluation team. The evaluation of the client shall be performed in the least restrictive setting possible. The court may issue subpoenas for witnesses to appear before said team, and, on their failure to appear, the court may take the same steps to compel attendance as if the proceedings were before the court. (c) The comprehensive evaluation team shall file its written report with the court within 10 days after examining the client, with dissenting opinions, if any. If a majority of the team concludes that the client is mentally retarded and that he should be ordered to receive services from the department because he is in need of appropriate care, training, education, habilitation or other specialized services other than that which he is then receiving, the report submitted by the evaluation team shall be in the form of an individualized program plan for the allegedly mentally retarded person. (d) If a majority of the evaluation team does not find the allegedly mentally retarded person to be mentally retarded and in need of being ordered to receive services from the department as set forth above, the court shall, without taking further action, dismiss the petition and terminate the proceedings.

"GA1978.1.1845">

(e) If a majority of the comprehensive evaluation team finds said client to be a mentally retarded person in need of being ordered to receive services from the department, the court shall set a hearing on the petition and shall serve notice of such hearing on the petitioner, on the prospective client, and on his representatives or guardian as provided in Section 88-2503.18 and such notice shall be served within 72 hours after the filing of the report by the evaluation team. Such notice shall be accompanied by (1) a copy of the petition, (2) a notice that the client has a right to counsel, that the client or his representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client indicates in writing that he will have retained counsel by the time set for hearing; (3) a copy of the individualized program plan developed by the evaluation team under Section 88-2504(c); and (4) a notice that the client has a right to be examined by a comprehensive evaluation team of his own choice at his own expense and to have that team submit a suggested individualized program plan for the client which conforms with the requirements of Section 88-2502(i). The hearing shall be held no sooner than 10 days and no later than 15 days, Saturdays, Sundays and holidays excepted, after the date the evaluation team report is filed. In all cases, the court shall grant a continuance upon application by the client or his representatives if necessary to permit preparation for the hearing. (f) If, after a full and fair hearing, the court finds that the client is not mentally retarded or that he is not in need of care, training, education, habilitation or other specialized services other than that which he is then receiving, the court shall order the petition dismissed. If the court finds that the client is mentally retarded and is in need of additional care, training, education, habilitation or other specialized services, the department shall recommend a habilitative program for the client, based upon the individualized program plans submitted, which is an alternative to care in a facility.

"GA1978.1.1846">

If the court finds that such an alternative program is available, and that such program presents a reasonable expectation of accomplishing the stated goals of the individualized program plan adopted by the court, the court shall order the client to comply with the plan and shall issue appropriate orders to implement the plan. If the court concludes from the evidence that the least restrictive alternative available which would accomplish the goals of the plan is for the client to be admitted to a facility, the court shall not order the client admitted to the facility unless it specifically finds that the client (1) requires direct medical services, (2) needs 24 hour training in a residential care facility, and (3) that these services can be provided in said facility. If the court shall find, based upon the evidence and the program plan adopted, that the accomplishment of the goals for the client requires some limited period of residence in a facility followed by a community services program, then the court shall issue appropriate orders. The court may order that any client admitted under this Section remain in a facility for any period not to exceed six months, subject to the power of the superintendent to discharge the client under Section 88-2508. If continued care as a resident in a facility is thought by the person in charge of the client's habilitation to be necessary at the end of such six-month period, the person in charge of that client's habilitation shall apply for an order under Section 88-2507 authorizing such continued care in the facility. In any case in which the court orders the client to receive services from the department, the court shall make findings of fact and conclusions of law in support of and as part of said order. 88-2504.1. Procedure to receive services without court order; application for discharge. (a) A parent or guardian of a minor child may apply to the department to have said child examined by the comprehensive evaluation team. If a majority of the comprehensive evaluation team concludes that said child is mentally retarded and in need of appropriate care, training, education or specialized services other than that which he is then receiving, the team may recommend an individualized program plan for the child, and the department may provide such services in accordance with said plan. (b) The parent or guardian of a minor child admitted to a facility pursuant to subsection (a) of this Section may request such child's discharge in writing at any time after his admission. This request may be submitted to the superintendent or to any person in

"GA1978.1.1847">

charge of the client's habilitation, any staff physician or any staff registered nurse of the facility for transmittal to the superintendent. If the parent or guardian makes an oral request for release to any member of the staff or other service provider, the parent or guardian must, within 24 hours, be given any necessary assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the superintendent within 24 hours, Saturdays, Sundays and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the superintendent, the child must be discharged from the facility unless the superintendent finds that the discharge would be unsafe to the child or others, in which case proceedings to receive involuntary services from the department must be initiated under Section 88-2504. 88-2505. Authority of court to enforce plan. (a) A client or his representative may file a petition in the appropriate court alleging that the client is being unjustly denied a right or privilege granted by this Chapter or that a procedure authorized by this Chapter is being abused. An oral request by a client or his representatives to any staff member or other service provider that it is felt that the client's rights or privileges under this Chapter are being violated shall be immediately transmitted to the superintendent or the administrative head of the facility responsible for the client's treatment or the other person in charge of the client's habilitation plan, who shall assist the client in preparing his petition under this Section. Upon the filing of such petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse of the provisions of this Chapter. (b) If, at any time during the period of habilitation ordered under Section 88-2504 or Section 88-2507, a client ordered to undergo a program of alternative care and habilitation does not comply with the order, or, in the opinion of the person in charge of the client's habilitation, the alternative program of habilitation has not proven sufficient to accomplish the goals of the client's individualized program plan, the person in charge of the client's habilitation may petition for an order from the court to authorize an evaluation, pursuant to Section 88-2504 to determine whether a more restrictive setting for habilitation should be ordered. The court shall review the petition and if it finds reasonable cause to believe the allegations contained therein, it shall order an evaluation pursuant to Section

"GA1978.1.1848">

88-2504, and the evaluation and all appropriate subsequent proceedings contained in Section 88-2504 shall then apply. 88-2506. (a) One or more hearing examiners shall be appointed by the justices of the Supreme Court to hold the hearings provided under Section 88-2507. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department. (b) The hearing examiners shall have the authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; (7) Make all appropriate orders authorized by this Chapter. (c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) In the event a client cannot afford counsel in a hearing before the hearing examiner, the hearing examiner shall apply to the superior court of the county in which the hearing is held and that court shall appoint counsel for the client. Payment for such representation shall be made by the county of the client's legal residence. (e) An order of the hearing examiner rendered in a hearing under Section 88-2507 may be appealed to the superior court of the

"GA1978.1.1849">

county in which the hearing was held in the manner provided by Section 88-2503.19 for appeals from orders of other appropriate courts. 88-2507. Procedure for continued habilitation in facility. (a) If continued habilitation in a facility is felt necessary for a client authorized to be retained in a facility under Section 88-2504, the superintendent shall, prior to the expiration of the period during which the facility is authorized to retain the client by the provisions of this Chapter and after such recommendation by the habilitation team, file a petition in the applicable court in the county where the client is found requesting an order authorizing continued habilitation in the facility under the provisions of subsection (b) of this Section and shall submit with the petition an updated program plan for the client. Continued habilitation must be sought for such a client no later than six months after the client is originally ordered, under Section 88-2504, to receive services from the department as a resident in a facility, and every 12 months thereafter. (b) The superintendent may seek an order authorizing continued habilitation in a facility of a client, authorized to be retained in a facility under Section 88-2504 or under this Section 88-2507, for up to 12 months by filing a petition therefor in the applicable court in the county where the client is found, along with an updated individualized program plan for the client. Such petition shall be filed no later than 20 days prior to the expiration of that period during which the client may be retained for habilitation in a facility, as such period is referred to in subsection (a) of this Section. Within five days after such filing, the court shall send by first class mail the petition and the updated program plan to the office of the hearing examiner. The hearing examiner shall hold a full and fair hearing on such petition no sooner than 15 days and no later than 20 days after the petition is filed and, within 10 days after such petition is filed, shall send notice of such hearing to the court, the superintendent, and to the client and his representatives. Such notice to the client and his representatives shall contain the information required in paragraphs (1), (2), and (4) of Section 88-2504(e), along with the updated individualized program plan and a statement that the client or his representatives may apply for a change of venue. The client or his representatives may apply for a change of venue for the convenience of parties or witnesses, and such change may be ordered within the discretion of the hearing examiner. The facility may

"GA1978.1.1850">

retain the client pending the outcome of the hearing, provided such full and fair hearing is held within the time provided herein. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsection (f) of Section 88-2504, subject to the limitations contained therein, except that the hearing examiner may order the client to remain in the facility for any period not to exceed 12 months. 88-2508. Power to discharge client. (a) Each individualized program plan shall be reviewed at regular intervals to determine the client's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the client's present level of performance. These reviews should be based upon relevant progress notes in the client's clinical record and upon other related information, and a reasonable effort shall be made to obtain and utilize input from the client and his representatives. (b) Any time a client is found by the person in charge of the client's habilitation no longer to be in need of services from the department, the client shall be discharged. Notice of such discharge or of the transfer of the client to another facility, at least 14 days prior to such discharge or transfer, shall be given to the client and his representatives and, if the client's order to receive services from the facility was authorized by order of a court, to the court which entered such order. 88-2509.1. Authority of department to issue regulations. The department is hereby directed to issue and enforce regulations to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of mentally retarded persons. In addition to the other powers provided by this Chapter, the department shall have the authority to prescribe the forms of applications, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the information required to be contained therein, to require such reports from any facility as it may find necessary to the performance of its duties or functions, to visit regularly to review the procedures applied to all clients, to determine the care, treatment, education, habilitation or other specialized services being given any and all clients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appropriate

"GA1978.1.1851">

to carry out the provisions of this Chapter: Provided, however, that the requirements of this Section as to determination of care, treatment, education, habilitation or other specialized services of clients and the investigation of complaints shall not apply to clients who are being cared for in a facility operated by or under the control of the United States Veterans Administration or other federal agency. 88-2509.2. Expenses of hearings; how paid. (a) The expenses of any hearing held under this Chapter by a court or by a hearing examiner shall be paid by the county in which the client has his residence or, if the client is a transient, by the county in which the client was initially taken into the custody of the State. No money shall be drawn from the county treasury for the purposes herein set forth when the client, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the appropriate court shall be the same as provided for in other appeals from the probate and juvenile courts. An affidavit, executed by the judge of the court before whom the hearing was held, shall be sufficient to authorize the governing body of the county responsible to authorize the payment of such expenses. (b) The total costs to be paid to the court for a hearing provided for under this Chapter shall be the sum of $40.00, excluding attorneys' fees. (c) For any hearing under the provisions of this Chapter, the fee to be paid to an attorney appointed to represent a client shall be as agreed upon between the attorney and the appointing court but shall not exceed an amount determined by utilizing the fee schedule followed by the county in appointed criminal cases, plus actual expenses which the attorney may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein. 88-2509.3. Procedure upon discovery that individual is a non-resident. If a client who is a resident in a facility is discovered not to be a `resident' of Georgia as defined in Section 88-2502(k) hereof, the superintendent of the facility in which the client is a resident

"GA1978.1.1852">

shall seek his transfer to the custody of authorities of the state of his residence or to a publicly owned or publicly operated facility in the state of his residence. This Section shall not apply to persons who are in residence at any facility operated by or under the control of the United States Veterans Administration or other federal agency. 88-2509.4. Services by an agency of the United States. (a) If a client ordered to receive services from the department as a resident in a facility pursuant to this Chapter is eligible for hospital care or treatment by the United States Veterans Administration, the department upon receipt of a certificate from such hospital showing that facilities are available and that the client is eligible for care, treatment, education, habilitation or other specialized services therein, may transfer him to the custody of such agency. No such transfer shall occur if such transfer would be harmful to or less effective in the client's habilitation or does not meet the requirements of the client's individualized program plan. When any such person is admitted under this Section to any such facility within or without the State, he shall be subject to the rules and regulations of such agency. The superintendent and chief medical officer of any facility operated by such agency in which the individual becomes a resident shall with respect to such individual be vested with the same powers and duties as the superintendent and chief medical officer of facilities within this State with respect to all matters within the provisions of this Chapter. Jurisdiction is retained in the appropriate courts of this State at any time to inquire into the condition of such an individual, and to determine the necessity for continuance of his care in said facility and to order his release, and every such person shall retain the rights delineated in Section 88-2503. Every transfer of a client by the department pursuant to this Section is so conditioned. (b) An order of a court of competent jurisdiction of another state, territory, or possession, or of the District of Columbia authorizing hospitalization of a mentally retarded person by any agency of the United States shall have the same force and effect as to the person while in this State as in the jurisdiction in which is situated the court entering the order; and the courts of the state, territory, possession or district issuing such order shall be deemed to have retained jurisdiction of the person so hospitalized, for the purpose of inquiring into his condition and determining the necessity for continuance of his hospitalization, as is provided in subsection (a) of

"GA1978.1.1853">

this Section with respect to clients ordered to receive services from the department by the courts of this State. Consent is hereby given to the application of the law of the state, territory, possession or district in which is located the court issuing the order for hospitalization with respect to the authority of the chief medical officer or superintendent of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the person hospitalized: Provided, however, that the provisions of this subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administration or other federal agency. 88-2509.5. Private facilities. Any private facility within this State may be approved as a facility for the habilitation of mentally retarded persons by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter for evaluation and habilitation and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any client who is unable to pay for habilitation in such private facility or for whom space is not available in such private facility. The courts may order or authorize a client to be placed in any such private facility under this Chapter only with the prior agreement of such facility to receive the client, and with the approval of the client or his representatives. 88-2509.6. Validity of prior hospitalization orders. No hospitalization of a mentally retarded person, lawful before the effective date of this Act, shall be deemed unlawful because of the enactment of this Chapter. The department is authorized to establish reasonable regulations to require that the superintendent of each facility where mentally retarded persons are in residence apply under Section 88-2507 for an order authorizing continued care in a facility of a client for whom such care is necessary, who was initially hospitalized under an order of a court prior to the effective date of this Act. Such prior orders of hospitalization entered by the courts, unless superseded by an order under this Chapter, shall remain valid until 12 months following the effective date of this Act, after which all such orders shall be null and void and of no effect. Hearings under this Section shall be conducted by the hearing examiner, pursuant to Section 88-2507.

"GA1978.1.1854">

88-2509.7. Expenses for transporting and examining clients. The responsibility for paying the expenses for transporting clients and the expenses for examining and caring for clients which are not provided for under Chapter 35-11, relating to the payment of costs of care of persons admitted to State institutions under the department, shall be in the following order: (a) The client or his estate; (b) Persons legally obligated or legally responsible for the support of the client; (c) The county of the client's legal residence; (d) The department, when the General Assembly appropriates funds for such purpose. The department is hereby authorized to issue rules and regulations governing the provisions of this Section as it relates to said department. 88-2509.8. Transfer of Georgia residents from out-of-state facilities. Upon application to the department by a parent, spouse, next of kin, or guardian or by an agency of another state in which the person is hospitalized, such person shall be eligible to be admitted to a facility in the State of Georgia if found by the department to be a legal resident of Georgia. The department shall designate a facility to which such person will be transported at no expense to the State of Georgia. The superintendent of such facility and the next of kin or guardian of the person shall be notified of this action. The superintendent shall be authorized to accept the person for a period not to exceed five days unless prior to the expiration of such period a petition has been initiated under Section 88-2507 for order to receive services from the department. After a thorough physical and mental examination has been made by the medical staff of such facility, the superintendent of the facility or his designee is hereby

"GA1978.1.1855">

authorized to initiate a petition under the provisions of this Chapter, if this be necessary. Such application shall be forwarded to the court of the county in which that facility is located for action pursuant to the provisions of this Chapter in relation thereto. Section 2. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall become effective on September 1, 1978. Section 4. It is the intent of the General Assembly that Section 88-2504.1, regarding the procedure by which a parent or guardian may apply to receive services for their minor child, shall be repealed if the authority to receive voluntary patients as set forth in Ga. Laws 1969, pp. 505, 517 [88-503.1(a)] is held by any court of last resort to be unconstitutional. Section 5. Nothing in this Act shall be construed to repeal any provision of an Act known as the Community Services Act for the Mentally Retarded, approved March 31, 1972 (Ga. Laws 1972, p. 700), as amended. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978.

"GA1978.1.1856">

GEORGIA HEALTH CODE AMENDEDHOSPITALIZATION AND TREATMENT PROCEDURES FOR ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS. Code Chapter 88-4 Amended. No. 1361 (Senate Bill No. 451). AN ACT To amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, so as to provide a new Chapter 88-4, relating to hospitalization and treatment procedures for alcoholics, drug dependent individuals, and drug abusers; to provide for definitions; to provide for the rights of patients; to provide for retention of rights; to provide for protection of rights; to provide for rights to care and treatment and the quality thereof; to regulate certain restraints and abuses; to provide for refusal of treatment except in certain circumstances; to provide for communication and visits and the restriction thereof; to provide for the care and custody of personal effects; to provide for voting, employment, and confidentiality; to provide for the education of children; to provide for examination of patient records; to provide for judicial supervision and rights to legal counsel; to provide for the designation of facilities to receive patients; to provide for transfers; to provide for transportation; to provide for representatives, guardians, and notice; to provide for appeals; to provide for access to physicians; to provide for alternative placement; to provide for complaint procedures; to provide for liability; to provide for authority to receive voluntary patients and the procedures connected therewith; to provide for discharge of voluntary patients; to provide for notice of release rights; to provide for transfers to voluntary status; to provide for facilities for emergency admission and the procedures for admission thereto; to provide for examinations by physicians and in emergency facilities; to provide for release from emergency facilities and the procedures connected therewith; to provide for notice; to provide for evaluation facilities and the procedures for admission and evaluation therein and for discharge and transfer therefrom; to provide for treatment facilities; to provide for involuntary treatment and the procedures connected therewith; to provide for failure to comply with treatment plans; to provide for hearing examiners, their appointment, authority, and duties; to provide for continued

"GA1978.1.1857">

hospitalization and the procedures connected therewith; to provide for periodic review of treatment plans and actions connected therewith; to provide for regulations; to provide for expenses of hearings and how paid; to provide procedures for nonresident patients; to provide for hospitalization by agencies of the United States; to provide for private facilities and hospitalization therein; to provide for validity of prior hospitalization orders; to provide for expenses for transporting and examining patients; to provide for transfers from out-of-state hospitals; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, is hereby amended by striking Code Chapter 88-4, relating to hospitalization of alcoholics, drug dependent individuals, and drug abusers, and inserting in lieu thereof the following new Code Chapter: CHAPTER 88-4. HOSPITALIZATION AND TREATMENT PROCEDURES FOR ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS 88-401. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meaning hereinafter respectively ascribed to them: (a) `Alcoholic' means a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted; (b) `Alcoholic beverages' means alcoholic spirits, liquors, wines, beer and every liquid or fluid, patented or not, containing alcoholic spirits, wine, or beer or any other liquid or fluid containing alcohol in any form and producing intoxication in any form or to any degree; (c) `Drug dependent individual' or `drug abuser' means a person who habitually lacks self-control as to the use of opium, heroin, morphine, or any derivative or synthetic drug of that group, barbiturates,

"GA1978.1.1858">

other sedatives, tranquilizers, amphetamines, lysergic acid diethylamide or other hallucinogens or any drug, dangerous drug, depressant, or stimulant drug or narcotic as defined in Chapters 79A-7, 79A-9, or 79A-10 of the Georgia Code; or who uses such drugs to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted; provided, however, that no person shall be deemed a drug dependent individual or abuser solely by virtue of his taking, according to directions, any such drugs pursuant to a lawful prescription, issued by a physician in the course of professional treatment for legitimate medical purposes; (d) `Department' shall mean the Georgia Department of Human Resources and includes its duly authorized agents and designees; (e) `Facility' shall mean any State-owned or State-operated hospital or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug abusers, and any other hospital or facility within the State of Georgia approved for such purpose by the department; (f) `Patient' shall mean any alcoholics, drug dependent individuals, or drug abusers who seek treatment under the provisions of this Chapter, or any person for whom such treatment is sought; (g) `Chief medical officer' shall mean the physician with overall responsibility for patient treatment at any facility receiving patients under the provisions of this Chapter or a physician appointed in writing as the designee of such chief medical officer; (h) `Superintendent' shall mean the chief administrative officer who has overall management responsibility at any facility receiving patients under the provisions of this Chapter, or an individual appointed as the designee of such superintendent; (i) `Physician' shall mean any person duly authorized to practice medicine in this State, under the provisions of Chapter 84-9 of the Georgia Code; (j) `Private facility' shall mean any hospital facility that is a proprietary hospital or a hospital operated by a nonprofit corporation

"GA1978.1.1859">

or association, approved for the purposes of this Chapter as provided herein, and a hospital facility operated by a hospital authority created pursuant to the Hospital Authorities Law of Georgia, Chapter 88-18 of the Georgia Code; (k) `Peace officer' shall mean any federal, city, or county police officer, officer of the State Patrol, sheriff or deputy sheriff; (l) `Resident' shall mean a person who is a legal resident of the State of Georgia; (m) `Representatives' shall mean the persons appointed as provided in Section 88-402.18 to receive notice of the proceedings for hospitalization; (n) `Emergency receiving facility' shall mean a facility designated by the department to receive patients under emergency conditions as provided in Sections 88-404.1 through 88-404.6; (o) `Evaluating facility' shall mean a facility designated by the department to receive patients for evaluation as provided in Sections 88-405.1 through 88-405.7; (p) `Treatment facility' shall mean a facility designated by the department to receive patients for treatment as provided in Sections 88-406.1 through 88-406.5; (q) `Penal offense' means a violation of a law of the United States, the State, or a political subdivision thereof for which the offender may be confined in a State prison or a city or county jail or any other penal institution; (r) `Clinical record' shall mean all parts of the record required to be maintained under Section 88-402.12 and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment; (s) `Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which

"GA1978.1.1860">

may be extended to alcoholics, intoxicated persons, drug dependent individuals, and drug abusers; (t) `Court' shall mean (1) In the case of an individual who is 17 years of age or older, the probate court for the county of residence of the patient or the county in which such patient is found. In any case in which the judge of said probate court is unable to hear a case brought under the provisions of this Chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis, or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment, or his successor in office, to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served. (2) In the case of an individual who is under the age of 17 years, the juvenile court for the county of residence of the patient or the county in which such patient is found. (u) `Community mental health center' shall mean an organized program for the care and treatment of alcoholics, drug dependent individuals, or drug abusers operated by a county board of health or such similar program recognized by a county board of health or the department, including ambulatory day detoxification centers, methadone treatment centers, and drug counseling centers; (v) `County board of health' shall mean a county board of health as established in accordance with Chapter 88-2, or the Constitution of this State, and includes its duly authorized agents;

"GA1978.1.1861">

(w) `Full and fair hearing' or `hearing' shall mean a proceeding before a hearing examiner, under Section 88-406.5, or before a court, as defined in subsection (t) of this Section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be electronically recorded or recorded by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the superior court appoint such counsel. However, the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hearing examiner or the court. The patient shall have the right to confront and cross-examine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The patient shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing, and the patient need not be present if the patient consents; in either of these events however, the record shall reflect the reason for the hearing examiner's or the court's action; (x) `Individualized treatment plan' means a proposal developed during a patient's stay in a facility, under the provisions of this Chapter, which is specifically tailored to the individual patient's treatment needs. Each plan shall clearly include the following: (1) A statement of treatment goals or objectives, based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval; (2) Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include specific prognosis for achieving these goals;

"GA1978.1.1862">

(3) Identification of the types of professional personnel who will carry out the treatment and procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under State and federal law; (4) Documentation of patient involvement and, if applicable, the patient's accordance with the treatment plan; (5) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the patient's home community. (y) `Alcoholic, drug dependent individual, or drug abuser requiring involuntary treatment' means a person who is an alcoholic, a drug dependent individual, or a drug abuser and (i) who presents a substantial risk of imminent harm to himself or others as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to himself or to other persons, or (ii) who is incapacitated by alcohol or drugs on a recuring basis; (z) `Incapacitated by alcohol or drugs' means that a person, as a result of the use of alcohol or drugs exhibits life-threatening levels of intoxication, withdrawal, or imminent danger thereof, or acute medical problems; or is under the influence of alcohol or drugs to the extent that he is incapable of caring for himself or protecting himself due to the continued consumption thereof; (aa) `Least restrictive alternative', `least restrictive alternative placement', `least restrictive environment', or `least restrictive appropriate care and treatment' means that which is the least restrictive available alternative, placement, environment or care and treatment, as appropriate, within the limit of State funds specifically appropriated therefor. 88-402. Rights of patients. 88-402.1. Retention of rights. Patients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving

"GA1978.1.1863">

or has received services for alcoholism or drug abuse shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law. 88-402.2. Protection of patient's rights. The individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with alcoholics, drug dependent individuals, or drug abusers. Alcoholics, drug dependent individuals, or drug abusers, or those suspected of being alcoholics, drug dependent individuals, or drug abusers shall, to the maximum extent reasonably possible, be treated at all times as medical patients and their handling and treatment shall be under the supervision of a physician. 88-402.3. Rights to care and treatment. The policy of the State is that no person shall be denied care and treatment for alcoholism, drug dependency or drug abuse, nor shall services be delayed at a facility of the State or a political subdivision of the State because of inability to pay. 88-402.4. Quality of care and treatment. (a) Each patient in a facility and each person receiving services for alcoholism, drug dependency, or drug abuse shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for his dignity and personal integrity. (b) Each patient shall have the right to participate in his care and treatment. The department shall issue regulations to insure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined, by the chief medical officer or the patient's treating physician, to be detrimental to the physical or mental health of the patient and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment

"GA1978.1.1864">

recommendation and to be fully informed concerning his medication, including its side effects and available treatment alternatives. (c) In order to assure proper care and treatment, the chief medical officer of a facility shall require that each patient receives such medical attention as is suitable to his condition, and that, unless the patient or, if applicable, his guardian having capacity to give such consent, shall consent in writing, no treatment shall be given which is not recognized as standard psychiatric treatment. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing. (d) If a patient hospitalized under the provisions of this Chapter is able to secure the services of a private physician, he shall be allowed to see his physician at any reasonable time. The chief medical officer is hereby authorized and directed to establish requlations designed to facilitate examination and treatment which a patient may request from such private physician. (e) Every patient admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting facility as soon as possible after his admission. 88-402.5. Restraints and abuses. (a) Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. (b) Physical restraints shall not be applied unless it is determined by an attending physician to be absolutely necessary to prevent a patient from seriously injuring himself or others and is required by his medical needs. Such determination shall expire after 24 hours. An attending physician must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made.

"GA1978.1.1865">

88-402.6. Right to refuse treatment. (a) It shall be the policy of the State to recognize the personal physical integrity of all patients. (b) It shall be the policy of the State to reasonably protect the right of every individual to refuse medication except in cases where a physician determines that refusal would be unsafe to the patient or others. If the patient continues to refuse medication after such initial emergency treatment, a concurring opinion from a second physician must be obtained before medication can be continued without the patient's consent. Further, in connection with any hearing under the provisions of this Chapter, it shall be the policy that the patient has the right to appear and testify as free from any side effects or adverse effects of the medication as is reasonably possible. (c) Any patient objecting to the treatment being administered to him shall have a right to request a protective order pursuant to Section 88-402.14. (d) Except as provided in subsection (e) of this Section, consent to medical treatment and surgery shall be obtained and regulated by Georgia Code Chapter 88-29. (e) In cases of grave emergency where the medical staff of the facility in which an alcoholic, a drug dependent individual, or a drug abuser has been accepted for treatment determines that immediate surgical or other intervention is necessary to prevent serious physical consequences or death, and where delay in obtaining consent would create a grave danger to the physical health of such person as determined by at least two physicians, then 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 of the 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 consequences of withholding consent to surgery or other intervention as contemplated by this Section. Any physician, agent, employee

"GA1978.1.1866">

or official who obtains consent or relies on 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 said obtaining or relying upon such consent. Actual notice of any action taken pursuant to this Section shall be given to the patient and the spouse, next of kin, attorney, guardian or representative of the patient as soon as practically possible. 88-402.7. Communication and visits. (a) Each patient in a facility shall have the right to communicate freely and privately with persons outside the facility and to receive visitors inside the facility. (b) Except as otherwise provided in this Section, each patient shall be allowed to receive, send and mail sealed, unopened correspondence and no patient's incoming or outgoing correspondence shall be opened, delayed, held or censored by the facility. (c) If there are reasonable grounds to believe that incoming mail contains items or substances which may be dangerous to the patient or others, the chief medical officer may direct reasonable examination of such mail and may after examination regulate the disposition of such items or substances therein found. All writings must be presented to the patient within 24 hours of inspection. (d) The chief medical officer may apply to the court for a temporary order to restrict outgoing mail. If the court determines at such application that probable cause exists that such mail is dangerous to the patient or others, the court may order such mail temporarily restricted provided that a full and fair hearing shall be held within five days after the issuance of such temporary order to determine whether or not an order of restriction for an extended time shall issue. In no event shall mail be restricted pursuant to such temporary order for more than five days after the date of the temporary order. If the court at the full and fair hearing, required to be held after the issuance of a temporary order, determines the patient's outgoing mail is dangerous to the patient or others, the court may order such mail restricted for an extended time not to exceed 30 days. Such order for restriction for an extended time may be renewed as necessary for periods not to exceed 30 days when the court, after another full and fair hearing for every such renewal,

"GA1978.1.1867">

makes a new finding that such mail is dangerous to the patient or others. (e) If an injunction against communication by a patient is issued by a court, the chief medical officer shall restrict communication as provided by the order of the court. (f) Any restriction of incoming or outgoing mail under subsections (c) or (d) of this Section shall not exceed a period of five days, except that such restriction may be renewed by the chief medical officer as necessary for a period not to exceed five days, provided that such renewal periods in the aggregate shall not exceed the period specified in the court order when outgoing mail is restricted pursuant to such order. Prior to each such renewal, the chief medical officer shall determine that such mail, or items or substances contained therein, continues to be dangerous to the patient or others. Correspondence of the patient with his attorney shall not be restricted in any manner under this Section. Correspondence of the patient with public officials shall not be restricted in any manner under subsection (c) of this Section. At each time a patient's incoming mail is ordered examined by the chief medical officer, and each time a patient's outgoing mail is ordered examined by a temporary court order, written notice of such order, and notice of a right to a full and fair hearing within five days after such temporary court order, shall be served on the patient and his representatives as provided in Section 88-402.18. A voluntary patient may waive in writing such notice to his representatives. (g) The circumstances surrounding the examination of any mail under subsections (c), (d), (e) or (f) of this Section shall be recorded on the patient's clinical record. (h) The chief medical officer is hereby authorized to establish reasonable regulations governing visitors, visiting hours and the use of telephones by patients. 88-402.8. Care and custody of personal effects. A patient's rights to his personal effects shall be respected. The chief medical officer may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken.

"GA1978.1.1868">

88-402.9. Voting in public elections. Each patient in a facility who is eligible to vote shall be given his right to vote in primary, special and general elections and in referenda. The superintendent of each facility shall permit and reasonably assist patients: (a) to obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are prerequisite for voting; and (c) to vote by absentee ballot if necessary. 88-402.10. Employment outside the facility. If a patient wishes to be employed outside a facility and if such employment will aid in the patient's treatment, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of patients and shall promote the training of patients for gainful employment after discharge. All benefits of such employment shall accrue solely to the patient. 88-402.11. Education of children. The rights of any child under treatment in a facility to an appropriate education at public expense shall not be abridged during hospitalization and the special education needs of each child shall be individually considered and respected. The State Department of Human Resources and the State Department of Education shall assure that education is provided for all patients of school age who are hospitalized in any State-owned, operated, or designated facility. 88-402.12. Confidentiality. (a) A clinical record for each patient shall be maintained. The record shall include data pertaining to admission and such other information as may be required under regulations of the department. The clinical record shall not be a public record and no part of it shall be released except: (1) A copy of the record may be released to any person or entity as designated in writing by the patient or, if appropriate, his parent or guardian;

"GA1978.1.1869">

(2) When the patient is transferred to another facility, the record may be released to that facility. The record of a voluntary patient or the record of an involuntary patient released from involuntary treatment may only be released in accordance with subsections (1), (3), (4), (5), (6), (7), or (8) of this Section; (3) The record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient; (4) The record shall be released to the patient's attorney if the attorney so requests and the patient consents to the release; (5) In a bona fide medical emergency as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physician; (6) The patient's record shall not be released in response to any subpoena unless said subpoena is accompanied by the order of a court of competent jurisdiction ordering the release of the record after a full and fair show cause hearing; (7) The record shall be produced by the entity having custody thereof at any hearing held under this Chapter at the request of the patient or his attorney; (8) The record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this State. (b) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 38-418(5). (c) Any disclosure authorized by this Section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made.

"GA1978.1.1870">

88-402.13. Examination of patient records. (a) Except as provided in Section 88-402.4(b), every patient shall have the right to examine all medical records kept in the patient's name by the department or the facility where the patient was hospitalized or treated. (b) Every patient shall have the right to request that the department or facility correct information found in the medical record. (c) The department shall promulgate reasonable rules and regulations to implement subsections (a) and (b) of this Section. Nothing contained herein shall be construed to require the deletion of information by the department, nor constrain the department from destroying patient records after a reasonable passage of time. (d) Notwithstanding the provisions of Code Section 24-1804(7) and (8), all files and records of a court in a proceeding under this Chapter shall remain sealed and are open to inspection only upon order of the court issued after notice to the patient, subject to the provisions of Section 88-402.12 pertaining to the medical portions of the record; provided that the court may refer to such files and records in any subsequent proceeding under this Chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection (d). The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information, and under whatever conditions upon their use and distribution the court may deem proper, and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order. 88-402.14. Judicial supervision. (a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release.

"GA1978.1.1871">

(b) A patient or his representatives may file a petition in the appropriate court, alleging that the patient is being unjustly denied a right or privilege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse of the provisions of this Chapter. 88-402.15. Right to legal counsel. It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization. 88-402.16. Designation of facility to receive patient. (a) The department may designate the State-owned or State-operated facility to which a patient is admitted under the provisions of this Chapter. If a patient is hospitalized under the provisions of this Chapter and is able to pay for treatment in a private facility approved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accept the patient, the department shall transfer the patient to that facility. If a private facility requests the department to take custody of a patient hospitalized therein under the provisions of this Chapter, the department shall accept the patient and designate the State-owned or State-operated facility to which the patient shall be admitted, provided the patient meets the criteria for admission under this Chapter. (b) When the needs of the patient or efficient utilization of any facility require, a patient may be transferred from one facility to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives, and the patient shall be advised in writing of the reasons for his transfer. A voluntary patient may be transferred only with his consent. 88-402.17. Transportation. The governing authority of the county of the patient's residence shall arrange for all required transportation of the patient. Whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of patients. However,

"GA1978.1.1872">

the type of vehicle to be furnished for the transportation of patients shall be in the discretion of the governing authority of the county. The court shall, upon the request of the county board of health, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county board of health is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother or adult son. 88-402.18. Selection of representatives and guardians ad litem; notice. (a) At the time a patient is admitted to any facility under the provision of this Chapter, the names and addresses of at least two representatives shall be entered in the patient's clinical record and notice of an involuntary patient's admission shall be given to such representatives in writing. If such involuntary admission is to an emergency receiving facility, notice shall also be given by that facility to the patient's representatives, by telephone or in person, as soon as possible. The patient may designate one representative; the second representative or in the absence of designation of one representative by the patient, both representatives shall be selected by the facility, one of whom shall be selected from the following in the order of listing: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next of kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing but shall not be the person who filed the petition. (b) At the time of admission of a patient under the provisions of this Chapter, the facility shall make deligent efforts to secure names and addresses of at least two representatives for the patient as provided for herein. If the facility is unable to secure at least two representatives after deligent search or if the department is the guardian of the patient, that fact shall be entered in the patient's clinical record and the facility shall apply to the court in the county of the patient's residence for the appointment of a guardian ad litem which guardian ad litem shall not be the department. On application of any person or on its own motion, the court may also appoint a guardian ad litem for a patient for whom representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian

"GA1978.1.1873">

ad litem shall act as representative of the patient on whom notice is to be served under the provisions of this Chapter and shall have the powers granted to representatives by this Chapter. (c) At any time notice is required by this Chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under subsection (a) of this Section. The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by first class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the patient's clinical record. Service shall be completed upon mailing. (d) At any time notice is required by this Chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to read a written notice understandably, a reasonable effort shall be made to explain the notice to him. (e) At the time a court enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the patient and his representatives as provided in subsection (c) of this Section. (f) In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this Chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment. 88-402.19. Appeal. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this Chapter to the superior court of the county in which the proceeding was held and may appeal any order of the juvenile court rendered in a proceeding under this Chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which

"GA1978.1.1874">

the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as now or hereafter provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal herein authorized or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as now or hereafter provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court. 88-402.20. Access to physicians. At reasonable times, the patient's attorney shall have the right to interview the physician and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is hereby authorized and directed to establish reasonable regulations to make available to the patient's attorney all information in the possession of the facility which he requires in order to advise and represent the patient concerning his hospitalization. 88-402.21. Alternative placement of the patient. It is the policy of the State that the least restrictive alternative placement be secured for every patient at every stage of his medical treatment and care. It shall be the duty of the facility to assist the patient in securing placement in noninstitutional community facilities and programs. 88-402.22. Complaint procedure. Each hospital shall establish a procedure whereby complaints of the patient, or complaints of the staff concerning treatment of the patient, can be speedily heard, with final decisions to be made by the superintendent or advisory committee, whichever is appropriate. The department shall establish reasonable rules and regulations for the implementation of such procedures. However, the patient shall not be required to utilize this procedure in lieu of other available legal remedies. 88-402.23. Liability for violations. Any physician, peace officer, attorney, health official, or hospital official, agent, or employee, whether employed by a private hospital or at facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospital Authorities Law of Georgia,

"GA1978.1.1875">

Chapter 88-18 of the Georgia Code, who acts in good faith in compliance with the admission and discharge provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility. 88-403.1. Authority to receive voluntary patients. (a) The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age, or older, making application therefor, any patient under 18 years of age for whom such application is made by his parent or guardian, and any patient who has been declared legally incompetent and for whom such application is made by his guardian. If found to show evidence of alcoholism, drug dependence, or drug abuse and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility until discharged pursuant to Sections 88-403.2 or 88-403.3; provided, however, that the parents or guardian of a minor child must give written consent to such treatment. An individualized treatment plan shall be developed for such person as soon as possible. (b) Any individual voluntarily admitted under the provisions of this Section shall be given notice of his rights under Sections 88-402 and 88-403.3 at the time of his admission. 88-403.2. Discharge of voluntary patients. The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his alcoholism, drug dependency, or drug abuse or who has sufficiently improved that the chief medical officer determines that hospitalization of the patient is no longer necessary; provided, however, that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or others. 88-403.3. Right of voluntary patients to discharge on application. A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to Section 88-403.1(a), or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney or adult next of kin, may request such patient's discharge in writing at any time after his admission. This request may be submitted to the chief medical officer or to any staff physician or

"GA1978.1.1876">

staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must, within 24 hours, be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility unless the chief medical officer finds that the discharge would be unsafe to the patient or others, in which case proceedings for involuntary treatment must be initiated under Section 88-406. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto. 88-403.4. Notice of rights to release. At the time of his admission and each six months thereafter, any voluntary patient admitted to a facility under Section 88-403.1 shall be notified in writing of his right to discharge on application under Section 88-403.3, and of all other rights granted to patients under this statute. 88-403.5. Transfer to voluntary status. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred, unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs, and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given: to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under Section 88-404.2(a), to the physician executing the certificate; if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally

"GA1978.1.1877">

having custody of the patient, and such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Section. 88-404.1. Facility for emergency admission. Any State-owned or State-operated facility may be designated by the department as an emergency receiving facility. The department shall maintain an emergency receiving facility at each Georgia regional hospital which shall accept, under the provisions of Sections 88-404.2 through 88-404.6, patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. 88-404.2. Admission to an emergency receiving facility. (a) Any physician within this State may execute a certificate stating that he has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, the person appears to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. A physician's certificate shall expire seven days after it is executed. Any peace officer, within 72 hours after receiving such certificate, shall make diligent efforts to take into custody the person named in the certificate and to deliver him forthwith to the nearest available emergency receiving facility serving the county in which the patient is found, where he shall be received for examination. (b) The appropriate court of the county in which a person may be found may issue an order commanding any peace officer to take such person into custody and deliver him forthwith for examination, either to the nearest available emergency receiving facility serving the county in which the patient may be found, where such person shall be received for examination, or to a physician who has agreed to examine such patient and who will provide, where appropriate, a certificate pursuant to subsection (a) of this Section to permit delivery of such patient to an emergency receiving facility pursuant to said subsection (a). Such order may only be issued if based either upon an unexpired physician's certificate, as provided in subsection (a) of this Section, or upon the affidavits of at least two persons who attest that, within the preceding 48 hours, they have seen the person to be taken into custody and that, based upon observations contained in their affidavit, they have reason to believe such person is

"GA1978.1.1878">

an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The court order shall expire seven days after it is executed. (c) Any peace officer taking into custody and delivering for examination a person, as authorized by subsections (a) or (b) of this Section, shall execute a written report detailing the circumstances under which such person was taken into custody. The report and either the physician's certificate or court order authorizing such taking into custody shall be made a part of the patient's record. 88-404.3. Examination by a physician. A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician as provided in Section 88-404.2 or directly to an emergency receiving facility if (a) the person is committing a penal offense, and (b) the peace officer has probable cause for believing that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report shall be made a part of the patient's clinical record. 88-404.4. Examination in emergency receiving facility. A patient who is received by an emergency receiving facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within 24 hours of the patient's admission to the emergency receiving facility. Within 24 hours of the execution of the physician's certificate, the patient shall be transported, as provided in Section 88-402.17, to an evaluating facility where he shall be received under the provisions of Section 88-405.4.

"GA1978.1.1879">

88-404.5. Release from emergency receiving facility. (a) 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, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (b) of this Section, and such patient may only be released from the facility into such custody. (b) Notice of any proposed discharge shall be given: to the patient and his representatives; if the patient was admitted to the facility under Section 88-404.2(a), to the physician who executed the certificate; if the patient was admitted to the facility under Section 88-404.2(b), to the court; if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. 88-404.6. Notice of right to court hearing. (a) Immediately upon arrival of a patient at an emergency receiving facility under Section 88-404.2, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-402.14. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel. (b) The notice of the patient's hospitalization in an emergency receiving facility given to the patient's representatives shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-402.14. 88-405.1. Facility for evaluation. Any State-owned or State-operated facility may be designated by the department as an evaluating facility. The department shall maintain an evaluating facility at each Georgia regional hospital which shall accept, under the provisions of Sections 88-405.2 through 88-405.7, patients found in any county in the service region of the hospital designated by the department.

"GA1978.1.1880">

Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. 88-405.2. Petition for court-ordered evaluation. Proceedings for a court-ordered evaluation may be initiated in the following manner: (a) Any person may file an application, executed under oath, with the county board of health for a court-ordered evaluation of a person located within that county who is alleged to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, the county board of health shall file a petition with the court in the county where the patient is located, seeking an involuntary admission for evaluation. (b) Any person may file a petition with the court executed under oath alleging that a person within the county is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The petition must be accompanied by the certificate of a physician stating that he has examined the patient within the preceding five days and has found that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and that a full evaluation of the patient is necessary. 88-405.3. Evaluation on court order. (a) The court shall review the petition filed under subsections 88-405.2(a) or (b), and if the court finds reasonable cause to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall hold a full and fair hearing on the petition no sooner than 10 days and no later than 15 days after such petition is filed. Within five days after the filing of such petition requiring a hearing, the court shall serve notice upon the patient and his representatives and upon the petitioner. Representatives for the patient shall be appointed pursuant to Section 88-402.18(a), provided that the court shall designate the second representative or, in the absence of designation of one representative by the patient, both representatives, and in the absence of such representatives or if the department is the guardian, the court shall appoint

"GA1978.1.1881">

a guardian ad litem who is not the department. Such notice shall contain the information required in paragraphs (1), (2), and (5) of Section 88-406.2(a) and a copy of the petition shall be attached to the notice. The patient shall have a right to counsel. If the patient is unable to afford counsel, the court shall appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel. The hearing may be waived by the patient after appointment or waiver of counsel. (b) After a full and fair hearing or if the hearing is waived after a full review of the evidence, if the court is satisfied that immediate evaluation is necessary, the court shall issue an order to any peace officer to deliver the patient forthwith to the evaluating facility designated by the department to serve the county of the court. 88-405.4. Admission to an evaluating facility. Any person who is brought to an evaluating facility under the provisions of Section 88-404.4 or under a court order as provided in Section 88-405.3 shall be received for evaluation and such treatment as is indicated by good medical practice. 88-405.5. Evaluation by an evaluating facility. (a) A patient who is admitted to an evaluating facility under Sections 88-404.4 or 88-405.4 may be detained for a period not to exceed five days, Saturdays, Sundays and holidays excluded, unless proceedings for continued hospitalization are utilized pursuant to paragraphs (1), (2) or (3) of this subsection. The staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization if hospitalization appears desirable, unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clinical record. Within the five-day evaluation period, (1) the patient must consent to hospitalization as a voluntary patient if the patient is 12 years of age or older and, in the opinion of the treating physician, is capable of understanding the nature of such consent, in which case the provisions of this Chapter on voluntary admission shall apply, or, (2) if the patient is under 18 years of age or, in the opinion of the treating physician, is incapable of understanding the

"GA1978.1.1882">

nature of consent to hospitalization, the parent or guardian may make application for voluntary admission under Section 88-403.1(a), or (3) proceedings for involuntary treatment under Section 88-406.2 must be utilized and the petition and certificate referred to therein shall be filed within the five-day evaluation period, or (4) the patient must be discharged. (b) If, after evaluation of the individual, it is determined by the chief medical officer that proceedings for involuntary treatment of the individual should be initiated under the provisions of Section 88-406.2, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. 88-405.6. 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, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to this subsection, and such patient may only be released from the facility into such custody. Notice of the discharge shall be given: to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Section 88-404.4, to the physician who executed the certificate or to the court which issued the order pursuant to Section 88-404.2; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Section 88-405.3, to the court that ordered the evaluation. 88-405.7. Request to transfer. Any patient admitted to an evaluating facility may apply to the chief medical officer of that facility for transfer at his own expense to any other approved evaluating facility. If the evaluating facility to which transfer is requested agrees to admit the patient, he shall be transferred forthwith.

"GA1978.1.1883">

In such case, the provisions of Section 88-405.5 shall apply and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given: to the patient's representatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Section 88-404.4, to the physician who executed the certificate or to the court which issued the order pursuant to Section 88-404.2; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Section 88-405.3, to the court that ordered the evaluation. 88-406.1. Facility of treatment. Any State-owned or State-operated facility may be designated by the department as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. 88-406.2. Determination of involuntary treatment. (a) The patient may be detained at a facility beyond the evaluation period, unless voluntary hospitalization is sought pursuant to paragraphs (1) or (2) of Section 88-405.5(a), only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under provisions of Sections 88-405.1 through 88-405.7, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed, along with a petition for a hearing, in the court of the county in which the patient is being detained for evaluation. The certificate and petition shall be filed within five days, Saturdays, Sundays and holidays excluded, after the patient is admitted to a facility for evaluation under Section 88-405.4. Such filing shall authorize the patient to be retained by the facility pending completion of a full and fair hearing under this Section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:

"GA1978.1.1884">

(1) a notice that a hearing will be held and the time and place thereof; (2) a notice that the patient has a right to counsel and that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel and that the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) a copy of the individualized treatment plan developed by the facility under this Chapter; (4) a notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested treatment plan for the patient which conforms with the requirements of Section 88-401(x); and (5) a notice that the patient may waive in writing the hearing described in subsection (c) of this Section. (b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized treatment plan, and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the treatment plan. (c) In any case in which a patient is retained in an evaluation facility pursuant to a petition filed under subsection (a) of this Section, the court shall hold a full and fair hearing no sooner than seven days and no later than 12 days after the petition is filed with the court. Such hearing shall be to determine whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, but the hearing may be waived in writing by the patient. At such hearing, if the court finds that the patient is not a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall determine, based upon either the individualized treatment plan prepared by the facility under this Chapter or the individualized treatment plan proposed by the physician chosen

"GA1978.1.1885">

by the patient, whether there exists a program of treatment for the individual which is an alternative to hospitalization. If the court finds that such an alternative program exists, that such program involves an outpatient treatment plan which would be likely to reduce the potential for any harm or injuries which the individual may inflict upon himself or others, and that the treatment to be provided under the plan presents a reasonable expectation of accomplishing the treatment goals, the court shall order the patient to comply with the outpatient treatment plan. If the court concludes from the evidence that the least restrictive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as provided in Section 88-402.17, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the accomplishment of the treatment goals for the patient requires some limited period of hospitalization, followed by treatment as an outpatient in a community mental health center, then the court may so order. (d) If the court concludes that the patient is in need of involuntary treatment as set forth above, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under Section 88-406.6(b). If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Section 88-406.5. 88-406.3. Failure to comply with treatment plan. If at any time during a period of outpatient treatment ordered, the patient should fail to comply with the outpatient treatment plan, or should the physician in charge of the patient's treatment determine at any point in the patient's treatment that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, the treating physician or the chief medical officer of the facility may petition for an order from the court, originally approving the involuntary treatment of the patient, to authorize any peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided

"GA1978.1.1886">

herein. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court an updated individualized treatment plan for the patient. Copies of such petition shall be served upon the patient and his representatives, within five days after the patient is taken into custody pursuant to such order, and shall be accompanied by the updated plan and those items required by paragraphs (1), (2), (4), and (5) of Section 88-406.2(a). No sooner than 10 days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Section 88-406.2, subject to the limitations in subsection (d) of said Section. 88-406.4. Hearing examiner. (a) One or more hearing examiners shall be appointed by the justices of the Supreme Court to hold the hearings provided under Section 88-406.5. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department. (b) The hearing examiners shall have the authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; (7) Make all appropriate orders authorized by this Chapter. (c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure

"GA1978.1.1887">

to comply with such order shall be cause for punishment as for contempt of court. (d) In the event a patient cannot afford counsel in a hearing before the hearing examiner, the hearing examiner shall apply to the superior court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence. (e) An order of the hearing examiner rendered in a hearing in Section 88-406.5 may be appealed to the superior court of the county in which the hearing was held in the manner provided by Section 88-402.19 for appeals from orders of other courts under this Chapter. 88-406.5. Procedure for continued hospitalization. (a) If continued hospitalization of a patient is necessary, the chief medical officer shall, prior to the expiration of the period during which the treatment facility is authorized to retain the patient by the provisions of this Chapter, apply for an order authorizing such continued hospitalization under the provisions of subsection (c) of this Section. (b) If the chief medical officer finds that continued hospitalization is necessary (1) for an individual who was admitted while serving a criminal sentence, but whose sentence is about to expire, or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court, but who is about to reach the age of 17, the chief medical officer shall apply for an order authorizing such continued hospitalization under subsection (c) of this Section and the provisions of this Chapter shall apply fully to such patient after that time. (c) The chief medical officer may seek an order authorizing continued hospitalization for up to six months by filing a petition therefor in the applicable court in the county where the patient is found, along with an updated individualized treatment plan for the patient. Such petition shall be filed no later than 20 days prior to the expiration of that period during which the patient may be retained for hospitalization, as such period is referred to in subsections (a) and (b) of this Section. Within five days after such filing, the court shall send by first class mail the petition and the updated

"GA1978.1.1888">

treatment plan to the office of the hearing examiner. The hearing examiner shall hold a full and fair hearing on such petition no sooner than 15 days and no later than 20 days after the petition is filed and, within 10 days after such petition is filed, shall send notice of such hearing to the court, the chief medical officer, and to the patient and his representatives. Such notice to the patient and his representatives shall contain the information required in paragraphs (1), (2), (4), and (5) of Section 88-406.2(a), along with the updated individualized treatment plan and a statement that the patient or his representatives may apply for a change of venue. The patient or his representatives may apply for a change of venue for the convenience of parties or witnesses, and such change may be ordered within the discretion of the hearing examiner. The facility may retain the patient pending the outcome of the hearing, provided such full and fair hearing is held within the time provided herein. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsection (c) of Section 88-406.2, subject to the limitations in subsection (d) of said Section. 88-406.6. Periodic review of treatment plan. (a) Each individualized treatment plan shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information, and input from the patient should be obtained and utilized where feasible. (b) Any time a patient is found by the chief medical officer no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the chief medical officer may (1) discharge the patient, unless the patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to this subsection (b) and such patient may only be released from the facility into such custody, or

"GA1978.1.1889">

(2) transfer the patient to voluntary status at the patient's request as provided in Section 88-403.5. Notice of the discharge or the transfer of status shall be given: to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. 88-407.1. Authority of department to issue regulations. The department is hereby directed to issue and enforce regulations to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of alcoholics, drug dependent individuals, or drug abusers, as set forth in Sections 88-402.1 through 88-402.24. In addition to the other powers provided by this Chapter, the department shall have the authority to prescribe the forms of applications, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the information required to be contained therein, to require such reports from any facility as it may find necessary to the performance of its duties or functions, to visit regularly to review the hospitalization procedures applied to all patients, to determine the care and treatment being given any and all patients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appropriate to carry out the provisions of this Chapter: Provided, however, that the requirements of this Section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Veterans Administration or other federal agency. 88-407.2. Expenses of hearings; how paid. (a) The expenses of any hearing held under this Chapter by a court or by a hearing examiner shall be paid by the county in which the patient has his residence or, if the patient is a transient, by the county in which the patient was initially taken into the custody of the State. No money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the appropriate

"GA1978.1.1890">

court shall be the same as provided for in other appeals from the probate and juvenile courts. An affidavit, executed by the judge of the court before whom the hearing was held, shall be sufficient to authorize the governing body of the county responsible to authorize the payment of such expenses. (b) The total costs to be paid to the court for a full and fair hearing under this Chapter shall be the sum of $40.00, excluding attorneys' fees. (c) For any hearing under the provisions of this Chapter, the fee to be paid to an attorney appointed to represent a patient shall be as agreed upon between the attorney and the appointing court but shall not exceed an amount determined by utilizing the fee schedule followed by the county in appointed criminal cases, plus actual expenses which the attorney may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein. 88-407.3. Procedure upon discovery that individual is a nonresident. If a hospitalized patient is discovered not to be a `resident' as defined in Section 88-401 hereof, the superintendent of the treatment facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the State of his residence or to a publicly owned or publicly operated psychiatric hospital in the State of his residence: Provided, that nothing contained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, custody, care, or treatment of such individual in accordance with the terms of any reciprocal agreement between the State of Georgia and any other state, the District of Columbia, or territory or possession of the United States. This Section shall not apply to persons confined to any facility operated by or under the control of the United States Veterans Administration or other federal agency. 88-407.4. Hospitalization by an agency of the United States. (a) If a patient ordered to be hospitalized pursuant to this Chapter is eligible for hospital care or treatment by the United States Veterans Administration, the department, upon receipt of a certificate

"GA1978.1.1891">

from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care or treatment therein, may transfer him to the custody of such agency for hospitalization. When any such patient is admitted under this Section to any such hospital or institution within or without the State, he shall be subject to the rules and regulations of such agency. The superintendent and chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized, with respect to such individual, shall be vested with the same powers and duties as the superintendent and chief medical officer of facilities within this State with respect to all matters within the provisions of this Chapter. Jurisdiction is retained in the appropriate courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of his hospitalization, and to order his release, and every transfer of a patient by the department pursuant to this Section is so conditioned. (b) An order of a court of competent jurisdiction of another state, territory, or possession, or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the court entering the order; and the courts of the state, territory, possession or district issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of inquiring into his mental condition and determining the necessity for continuance of his hospitalization as is provided in subsection (a) of this Section with respect to patients ordered hospitalized by the courts of this State. Consent is hereby given to the application of the law of the state, territory, possession or district in which is located the court issuing the order for hospitalization with respect to the authority of the chief medical officer of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the patient hospitalized: Provided, however, that the provisions of this subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administration or other federal agency. 88-407.5. Private facilities. Any private facility within this State may be approved as a private emergency receiving facility, a

"GA1978.1.1892">

private evaluating facility, or a private treatment facility by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter on voluntary admission, emergency admission, admission for evaluation, and involuntary hospitalization, and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any patient who is unable to pay for hospitalization in such private facility or for whom space is not available in such private facility. The courts may order or authorize a patient to be hospitalized in any such private facility under this Chapter only with the prior agreement of such facility to receive the patient, and with the approval of the patient or his representatives. 88-407.6. Validity of prior hospitalization orders. No hospitalization of an alcoholic, drug dependent individual, or drug abuser, lawful before the effective date of this Act, shall be deemed unlawful because of the enactment of this Chapter. The department is authorized to establish reasonable regulations to require that the chief medical officer of each treatment facility apply under Section 88-406.5 for an order authorizing continued hospitalization of any patient for whom such hospitalization is necessary who was initially hospitalized under an order of a court prior to the effective date of this Act. Such prior orders of hospitalization entered by the courts, unless superseded by an order under this Chapter, shall remain valid until six months following the effective date of this Act, after which all such orders shall be null and void and of no effect. 88-407.7. Expenses for transporting and examining patients. The responsibility for paying the expenses for transporting patients and the expenses for examining and caring for patients which are not provided for under Chapter 35-11, relating to the payment of costs of care of persons admitted to State institutions under the department, shall be in the following order: (a) The patient or his estate; (b) Persons legally obligated or legally responsible for the support of the patient;

"GA1978.1.1893">

(c) The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility; (d) The department, when the General Assembly appropriates funds for such purpose. The patient or those legally obligated for his support shall not be responsible for these expenses where the expenses were incurred in transporting a patient who is released by a court or a facility before involuntary treatment as not being an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment. The department is hereby authorized to issue rules and regulations governing the provisions of this Section as it relates to said department. 88-407.8. Transfer of Georgia residents from out-of-state mental hospitals. Upon application to the department by a parent, spouse, next of kin, or guardian or by an agency of another state in which the patient is hospitalized, such patient shall be eligible to be hospitalized in the State of Georgia if found by the department to be a legal resident of Georgia. The department shall designate a hospital to which such patient will be transported at no expense to the State of Georgia. The superintendent of such hospital and the next of kin or guardian of the patient shall be notified of this action. The chief medical officer shall be authorized to hospitalize the patient for a period not to exceed five days unless prior to the expiration of such period (a) the patient shall have voluntarily agreed to hospitalization or (b) involuntary proceedings shall have been instituted under this Chapter. After a thorough physical and mental examination has been made by the medical staff of such hospital, the chief medical officer of the hospital or his designee is hereby authorized to sign an application for involuntary hospitalization if this be necessary. Such application shall be forwarded to the court of the county in which that hospital is located for action pursuant to the provisions of this Chapter in relation thereto. Section 2. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act,

"GA1978.1.1894">

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 on September 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978. DEPARTMENT OF ADMINISTRATIVE SERVICESMILEAGE ALLOWANCE FOR USE OF PRIVATE VEHICLES. No. 1362 (Senate Bill No. 552). AN ACT To amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), so as to change the automobile mileage allowance rate; to change the provisions relating to members of the General Assembly; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.1895">

Section 1. An Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), 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. The officers, officials and employees of the Executive, Legislative and Judicial Branches of State Government shall be paid 15 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by personal motor vehicle, and in addition to mileage shall be reimbursed for actual expenses incurred by reason of tolls and parking fees. Members of the General Assembly shall not receive the 15 cents per mile until members take office on the convening date of the General Assembly in regular session in 1979 and until that time shall receive 10 cents per mile. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978. INSURANCEUNINSURED MOTORIST COVERAGE. Code Section 56-407.1 Amended. No. 1363 (House Bill No. 1386). AN ACT To amend Code Section 56-407.1, relating to uninsured motorist coverage, as amended, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to change certain procedures; to provide for editorial revision; to provide for

"GA1978.1.1896">

the primary insurer where there is concurrent coverage; to provide for other coverages; to provide for other matters relative to the foregoing; to provide for application; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 56-407.1, relating to uninsured motorist coverage, as amended, is hereby amended by striking subsection (a) thereof in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State, upon any motor vehicle then principally garaged or principally used in this State, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which, at the option of the insured, shall be: (A) Not less than $10,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $20,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of the insured. (B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which are contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured. (2) The coverage for injury to or destruction of property of the insured as provided in paragraph (1) may provide an exclusion of not more than the first $250 of such loss or damage to any insured in any one accident.

"GA1978.1.1897">

(3) The coverage required under paragraph (1) shall not be applicable where any insured named in the policy shall reject the minimum coverage in writing. However, the insurer shall not be required to issue any coverage for any amount greater than the minimum coverage unless the insured shall request in writing such higher limits. Such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer. (4) The application for discharge in bankruptcy by an uninsured motorist as defined in this law or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this law or the discharge in bankruptcy of an uninsured motorist as defined in this law shall not affect the legal liability of an uninsured motorist as such term `legal liability' is used in this law, and such application for voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this law so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this Act as now or hereafter amended; but, such insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In such cases the uninsured motorist, upon being discharged in bankruptcy, may plead such discharge in bankruptcy against any subrogation claim of any such uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and such uninsured motorist may plead his discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to such insured person. Section 2. The provisions of this Act shall apply with respect to motor vehicle liability insurance policies issued or delivered in this State on or after January 1, 1979.

"GA1978.1.1898">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW. Code Chapter 69-15a Enacted. No. 1364 (House Bill No. 1811). AN ACT To amend Code Title 69, relating to municipal corporations, so as to provide for the creation of Resource Recovery Development Authorities in certain counties and municipalities; to provide a short title; to specify purposel to define certain terms; to provide for the creation and activation of authorities; to provide for boards of directors; to provide for organization; to specify powers; to provide for financial obligations; to specify provisions, remedies, obligations, and procedures; to provide for construction; to provide that authority bonds and obligations are not to constitute public debt; to specify certain tax exemptions; to provide for all other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 69, relating to municipal corporations, is hereby amended by adding a new Code Chapter thereto, to be designated Code Chapter 69-15a, to read as follows:

"GA1978.1.1899">

CHAPTER 69-15a Resource Recovery Development Authorities Law 69-1501a. Short Title of Chapter. This Chapter may be referred to as the `Resource Recovery Development Authorities Law.' 69-1502a. Purpose and Declaration of Need. The recovery and utilization of resources contained in sewage sludge and solid waste promotes trade, commerce, industry and employment opportunities by creating a new industry to recover and utilize such resources and a climate highly favorable to the location of other new industrial facilities in areas where such resources are recovered by providing an additional source of energy production and a method of processing and disposing of industrially generated sewage sludge and solid waste in an efficient and environmentally sound manner. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is hereby declared to be the purpose of this Act, to create resource recovery development authorities to recover and utilize resources contained in sewage sludge and solid waste. 69-1503a. Definitions. (a) `Authority' shall mean each public corporation created pursuant to this Chapter. (b) `Municipal Corporation' shall mean each city and town in the State. (c) `County' shall mean any county of this State or a governmental entity formed by the consolidation of a county and one or more municipal corporations. (d) `Governing Body' shall mean the elected or duly appointed officials constituting the governing body of each municipal corporation and county in the State. (e) `Resources' shall mean any natural or synthetic substance contained in sewage sludge or solid waste which can be processed and reused in the same or a different form or which can be converted into usable energy. (f) `Collection' means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to the place at which it is to be processed.

"GA1978.1.1900">

(g) `Project' shall mean the collection and transportation of solid waste and the transportation of sewage sludge and shall also mean any property, real or personal, used as, or in connection with, a facility for the extraction, collection, storage, treatment, processing, utilization or final disposal of resources contained in sewage sludge or solid waste, including the conversion of sewage sludge, solid waste or resources contained therein into steam, electricity, oil, char, gas or any other product or energy source and the collection, storage, treatment, utilization, processing or final disposal of sewage sludge and solid waste in connection with the foregoing. (h) `Solid Waste' shall mean garbage, refuse or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community and domestic activities. Garbage shall include putrescible wastes including animal and vegetable matters, animal offal and carcasses, and industrial by-products. Refuse shall include all nonputrescible wastes. (i) `Sewage Sludge' shall mean all solid or dissolved materials in domestic or industrial sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in waste water effluents, human wastes, dissolved materials in irrigation return flows, and silt after they are extracted from the medium in which they are contained. (j) `Cost of Project' shall mean all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of such project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates, all machinery and equipment, including motor vehicles which shall be used for project functions; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and

"GA1978.1.1901">

replacement reserve, and such other reserves as may be reasonably required by the Authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued hereunder for such project. 69-1504a. Authorities Created; Activation of Authorities. (a) There is hereby created in and for each county and municipal corporation in the State a public body corporate and politic to be known as the `resource recovery development authority' of such county or municipal corporation. No authority shall transact any business or exercise any powers hereunder until the governing body of the county or municipal corporation shall, by proper ordinance or resolution, declare that there is a need for an authority to function in such county or municipal corporation. (b) A county and one or more municipal corporations in said county may jointly form an authority for said county and municipal corporation or corporations to be known as the `joint resource recovery development authority' for such county and municipal corporation or corporations. No authority shall transact any business or exercise any powers hereunder until the governing authorities of the units of local government involved declare by ordinance or resolution that there is a need for an authority to function and authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and said agreement is executed. (c) A copy of said ordinance, resolution or agreement shall be filed with the Secretary of State who shall maintain a record of all authorities activated hereunder. 69-1505a. Board of Directors. Control and management of the authority shall be vested in a board of five directors who shall be residents of the county or municipal corporation and shall serve at the pleasure of the governing authority of the county or municipal corporation. Directors shall be appointed, and may be reappointed, for terms of four years. In the case of a joint resource recovery development authority each unit of local government participating in

"GA1978.1.1902">

the authority shall appoint two members with an additional member to be appointed by the directors themselves. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents and employees of the authroity such powers and duties as may be deemed necessary and proper. 69-1506a. Quorum; Conduct of Meetings. A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by not less than the affirmative vote of a majority of the directors. 69-1507a. Powers. Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter including, but without limiting the generality of the foregoing, the power: (a) To sue and be sued; (b) To adopt and amend a corporate seal; (c) To acquire, construct, improve or modify, and to place into operation and to operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others, a project or projects within the county in which the authority is activated, and subject to execution of agreements with the appropriate political subdivisions affected, within other counties, and to pay all or part of the cost of any such project or projects 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; (d) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease or otherwise, real property or rights and easements

"GA1978.1.1903">

therein and franchises and personal property necessary or convenient for its corporate purposes, including but not limited to, the purpose of constructing or acquiring a project, or improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already constructed or acquired, or for demolition to make room for such project or any part thereof, and to insure the same against any and all risks as such insurance may, from time to time, be available, and use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge or otherwise dispose of or grant options for any such property in any manner it deems to the best advantage of the Authority and the purposes thereof. The powers to acquire, use and dispose of property herein contained shall include the power to acquire, use and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the Authority, however, shall be held by the Authority exclusively for the benefit of the public; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the of projects which it causes to be acquired or constructed, and all private persons, firms and corporations and the State of Georgia and all political subdivisions, departments, instrumentalities or agencies of the State or of local government are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements or other undertakings relative to the furnishing of project activities and facilities or either of them by the Authority to such municipal corporations and counties and by such municipal corporations and counties to the Authority for a term not exceeding 50 years; (f) To exercise any one or more of the powers, rights and privileges conferred hereby either alone or jointly or in common with one or more other public or private parties or public and private parties. In any such exercise of such powers, rights and privileges

"GA1978.1.1904">

jointly or in common with others with respect to the construction, operation and maintenance of project facilities, the Authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this Act. The Authority may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein, and any such agreement may contain such terms, conditions and provisions consistent with the provisions of this Act as the parties thereto shall deem to be in their best interests. Any such agreement may include, but need not be limited to, provisions for the construction, operation and maintenance of such project facility by any one or more party of the parties to such agreement which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto or by such other means as may be determined by the parties thereto, and may include provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements and disposals with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement the Authority may delegate its powers and duties with respect to the construction, operation and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the Authority without further action or approval of the Authority; (g) To extend credit or make loans to any person, firm, corporation or other industrial entity for the planning, design, construction, acquisition or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts and all other instruments or fees or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds,

"GA1978.1.1905">

and in the exercise of powers granted by this Section in connection with a project for such person, firm, corporation or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project as the Authority may deem necessary or desirable; (h) 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; (i) To accept, receive and administer gifts, grants, appropriations and donations of money, materials and property of any kind, including loans and grants from the United States of America or the State of Georgia, a unit of local government, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, and pledge, any and all of its property and assets; (j) To invest any accumulation of its funds in any fund or reserve in any manner that public funds of the State of Georgia or its political subdivisions may be invested; (k) To do any and all things necessary or proper for the accomplishment of the objectives of this amendment and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State, including employment of professional and administrative staff and personnel and retaining of legal, engineering, fiscal, accounting and other professional services, the purchasing of all kinds of insurance including, without limitation, insurance against tort liability and against risks of damage to property, including the power to borrow money for any of the corporate purposes of the Authority; provided, however, that obligations of the Authority other than revenue bonds, for which provision is herein made, shall be payable from the general funds of the Authority and shall not be a charge against any special fund allocated to the payment of revenue bonds, and including the power to indemnify and hold harmless any parties contracting with the Authority or its agents from damage to persons

"GA1978.1.1906">

or property and the power to act as self-insurer with respect to any loss or liability; (l) To mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority; (m) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued, and to otherwise carry out the purposes of this Chapter and to pay all other costs of the Authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes; provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Section 69-1508a; (n) As security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate or otherwise encumber any property, real or personal, of such Authority and to execute any trust agreement, indenture or security agreement containing any provisions not in conflict with law, which trust agreement, indenture or security agreement may provide for foreclosure or forced sale of any property of the Authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. 69-1508a. Provisions and Obligations; Remedies of Bond Holders; Limitations and Procedures. (a) Subject to the limitations and procedures provided by this Section, the obligations of any Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements or mortgages executed

"GA1978.1.1907">

in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and the Authority in such instruments may provide for the pledging of all or any part of its revenues, income or charges and for the mortgaging, encumbering or conveying of all or any part of its real or personal property, may covenant against pledging any or all of its revenues, income or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Section, undertakings of an Authority may prescribe the procedure by which bondholders and note holders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority, and bonds, resolutions, trust indentures, mortgages or deeds to secure obligations executed by an Authority and bond anticipation notes executed by an Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Chapter, all or part of the cost of any project, including the cost of extending, financing, adding to or improving such project or for the purpose of refunding any bond anticipation notes issued in accordance with the provisions of this Chapter or refunding any previously issued bonds of the Authority. (c) All bonds and bond anticipation notes issued by an Authority shall be revenue obligations of such Authority, and may be made payable out of any revenues or other receipts, funds or monies of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds or monies. (d) Issuance by an Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize

"GA1978.1.1908">

and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (e) An Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated as provided in this Chapter, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes or other obligations issued by the Authority shall be fixed by the board of directors of the Authority and any limitations with respect to interest rates found in the Revenue Bond Law (Chapter 87-8), or the usury laws of the State of Georgia shall not apply to obligations issued under this Chapter. (g) All revenue bonds issued by an Authority under this Chapter shall be issued and validated under and in accordance with the Revenue Bond Law of the State of Georgia, as heretofore and hereafter amended, except as provided in subsection (f) of this Section and except as specifically set forth below in this subsection:

"GA1978.1.1909">

(1) Revenue bonds issued by an Authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing Authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this State; (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an Authority are to bear, the notice to district attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a minimum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the Authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices; (4) The term `cost of project' shall have the meaning prescribed in subsection (j) of Section 69-1503a whenever referred to in bond resolutions of an Authority, bonds and bond anticipation notes issued by an Authority, or notices and proceedings to validate such bonds. 69-1509a. Construction of Chapter. (a) The provisions hereof shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under the Georgia Security Law (Title 97) or any other law. No proceeding or publication not herein required shall be necessary to

"GA1978.1.1910">

performance of any Act herein authorized nor shall any such Act be subject to referendum. (b) A city, county or a county and one or more municipal corporations shall have the right to activate an authority under this Act notwithstanding the existence of any other development authority within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this State. However, nothing in this Act shall be construed as repealing, amending, superseding or altering the organization of or abridging the powers of such authorities now in existence. 69-1510a. Bonds or Obligations not to Constitute Public Debt. No bonds or other obligations of and no indebtedness incurred by any Authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation or political subdivision thereof nor shall any act of any Authority in any manner constitute or result in the creation of an indebtedness of the State or any such county, municipal corporation or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds and condemnation awards, and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of the State or any county, municipal corporation or political subdivision thereof nor to enforce the payment thereof against any property of the State or any such county, municipal corporation or political subdivision. 69-1511a. Constitutional Authority for Chapter; Tax Exemption of Authorities. This Chapter is passed pursuant to authority granted the General Assembly by the Constitution of Georgia of 1976, duly ratified and proclaimed. Each Authority hereby created is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of each such Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Chapter, and for such reasons, the State covenants with the holders from time to time of the bonds issued hereunder that such Authority shall be required to pay no taxes or assessments imposed

"GA1978.1.1911">

by the State or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase price, installments or otherwise, and that the bonds of such Authority, their transfer and the income therefor shall at all times be exempt from taxation within the State. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. 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 April 5, 1978. ACT REGULATING TRANSPORTATION OF GARBAGE, ETC. AMENDED. No. 1366 (House Bill No. 1648). AN ACT To amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain

"GA1978.1.1912">

conditions, approved April 5, 1971 (Ga. Laws 1971, p. 445), so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain conditions, approved April 5, 1971 (Ga. Laws 1971, p. 445), is hereby amended by adding, following the word located at the end of Section 1, the following: , and from the governing authority of the county in which the garbage, trash, waste or refuse is collected, so that when so amended, Section 1 shall read as follows: Section 1. No person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, whether or not it is to be dumped at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located, and from the governing authority of the county in which the garbage, trash, waste or refuse is collected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1913">

TEACHERS' RETIREMENT SYSTEM ACT AMENDEDRETIREMENT BENEFITS. No. 1367 (Senate Bill No. 28). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 31, 1975 (Ga. Laws 1975, p. 357), so as to change the provisions relative to retirement benefits; to provide for other matters relative to the foregoing; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 31, 1975 (Ga. Laws 1975, p. 357), is hereby amended by striking from paragraph (b) of subsection (2) of Section 5, wherever the same shall appear, the figure and words, 5 consecutive years, and substituting in lieu thereof the figure and words, 2 consecutive years, so that when so amended paragraph (b) of subsection (2) of Section 5 shall read as follows: An annual pension which, together with the annuity provided above, shall provide a total allowance equal to more than 1 3/4%, but not greater than 2%, the actual percent to be set by the Board of Trustees in direct relation to the amount of increased appropriations

"GA1978.1.1914">

provided by the General Assembly to fund the provisions of this paragraph, of his average compensation over 2 consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. In the event any member of the system elects to cease making contributions to the Teachers' Retirement System upon completing 40 or more years of creditable service, the annual pension provided in this subsection shall provide a total allowance equal to more than 1 3/4%, but not greater than 2%, as set by the Board of Trustees pursuant to the terms of this paragraph, of his average compensation over the 2 consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of years of creditable service, not to exceed 40. Section 2. This Act shall not become effective until the necessary funds to provide for the increased benefits provided for in this Act are specifically appropriated by the General Assembly. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. INDEMNIFICATION FOR DEATHS OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC. No. 1368 (Senate Bill No. 36). AN ACT To provide for indemnification with respect to the death of certain law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973; to provide for purpose; to define certain terms; to create the Georgia State Indemnification Commission; to provide procedures

"GA1978.1.1915">

and methods for awarding indemnification; to provide for rules and regulations; to provide limitations on indemnification; to provide for recovery from offenders; to provide for reports; to provide for certain penalties and liability; 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 purpose of this Act is to implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973. Section 2. As used in this Act, the following terms shall have the following definitions unless their use in context clearly requires otherwise: (a) Commission shall mean the Georgia State Indemnification Commission. (b) Law enforcement officer shall mean any peace officer who is employed by the State of Georgia or any political subdivision thereof who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs. (c) Fireman shall mean any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county or State government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county and State fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires. It shall also include any individual serving as an officially recognized or designated member of a legally organized volunteer fire department. (d) Prison guard shall mean any person employed by the State of Georgia or any political subdivision thereof whose principal

"GA1978.1.1916">

duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this State or any political subdivision thereof. Section 3. There is hereby established a program to provide for 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 program shall be administered by the Georgia State Indemnification Commission. Section 4. There is hereby created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Comptroller General, the Commissioner of Public Safety, the Commissioner of Offender Rehabilitation, the President of the Peace Officers Association of Georgia and the President of the Georgia Fireman's Association. The Governor shall be the chairman of the Commission and the Commission shall be assigned to the Department of Administrative Services for administrative purposes. Section 5. (a) The indemnification shall be paid by the Commission as hereinafter provided when a law enforcement officer, fireman or prison guard, while engaged in the performance of his duties, is killed or has been killed or receives or has received bodily injury which results or has resulted in death within 12 months thereafter, if such killing does not or did not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen or prison guards, and if such killing is not or was not the result of suicide and if such bodily injury is not or was not intentionally self-inflicted. (b) (1) After the effective date of this Act, every law enforcement officer, fireman and prison guard shall designate his beneficiary and method of payment for the purpose of indemnification under the provisions of this Act. The designation shall be made to the Commission in writing and on forms furnished by the Commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the Commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum.

"GA1978.1.1917">

(2) Each law enforcement officer, fireman or prison guard shall be authorized to designate one of the following methods of payment: (A) the payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or (B) payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of six percent per annum. (3) With respect to law enforcement officers, firemen or prison guards who have been killed prior to the effective date of this Act and who are entitled to indemnification under the provisions of this Act, payment shall be made in lump sum to the estate. (c) After determining that a law enforcement officer, fireman or prison guard has been killed in the line of duty and that his beneficiary is entitled to indemnification under the provisions of this Act, the Commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the Director, Fiscal Division, Department of Administrative Services, who is hereby authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out the provisions of this Act. Section 6. The Commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for special masters, hearings, procedures for applications for indemnification and all other matters so as to enable the Commission to carry out its duties fairly, properly and equitably. The chairman of the Commission shall be authorized to contact other State agencies for the purpose of using the personnel and resources of such agencies to assist the Commission in carrying out its duties.

"GA1978.1.1918">

Section 7. Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under such program may make application for indemnification to the Commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian or other individual authorized to administer his estate. An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to the date on which this Act becomes effective must be made within 12 months from the date this Act becomes effective. An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty on or after the effective date of this Act must be made within 12 months from the death of such law enforcement officer, fireman or prison guard. Section 8. No indemnification shall be awarded to any person otherwise entitled thereto who violated or violates a penal law of this State, which violation caused or contributed to the death of the officer. Section 9. Whenever an order for the payment of indemnification is or has been made under this Act, the State of Georgia, upon payment of the amount of the order, shall be subrogated to the cause of action of the applicant against the person or persons responsible for such death; and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the State, after deducting the expenses incurred, shall pay the balance to the applicant. Section 10. The Commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details. Section 11. (a) Any person who shall knowingly give false information or false testimony causing, or intended to cause, the payment

"GA1978.1.1919">

of indemnification which would not otherwise be justified under the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (b) Any such person convicted under subsection (a) above shall be liable to the State for any funds paid as a result of such false information or testimony. 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 5, 1978. STATE EMPLOYEESDOCUMENTATION OF CERTAIN EXPENSES REQUIRED, ETC. No. 1369 (Senate Bill No. 73). AN ACT To provide that State officials and employees must submit supporting documentation in order to be reimbursed for certain expenses; to provide for exceptions; to prohibit reimbursement for the cost of certain air fare; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) No official or employee of the executive, legislative or judicial branches of State government shall be reimbursed from public funds for expenses for lodging and air fare incurred in

"GA1978.1.1920">

the performance of his duties unless a bill, receipt or similar supporting document showing payment therefor, or an explanation of the absence of such documentation, shall be submitted when applying for reimbursement. (b) The requirements of subsection (a) shall be in addition to any other requirements relative to reimbursement for any expenses incurred by any such official or employee in the performance of his duties which are now or hereafter provided for by law. The requirements of subsection (a) also shall not preclude the promulgation by any agency of the executive, legislative or judicial branches of State government of any rule or regulation or policy relative to reimbursement for any expenses. Section 2. Except as provided in this Section, no such official or employee, when traveling by commercial air carrier on a firstclass basis, shall be reimbursed for that portion of the first-class air fare which exceeds the amount of the fare of the next lowest fare for the flight on which such official or employee is traveling. This shall not prohibit the reimbursement for the entire cost of first-class air fare under any of the following conditions: (1) Space is not otherwise available. (2) A licensed medical practitioner certifies that because of a person's mental or physical condition specific air travel arrangements are required. (3) The Commissioner of Public Safety certifies that specific air travel arrangements are necessary for security reasons. Section 3. The provisions of this Act shall not apply to per diem allowances authorized by law for officials or employees. Section 4. The intentional violation of the provisions of this Act shall be a misdemeanor and any person convicted therefor shall be punished as for a misdemeanor. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1921">

PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDEDPEACE OFFICER DEFINED. No. 1370 (Senate Bill No. 98). AN ACT To amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan. - Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. Laws 1953, Nov. - Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved February 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), an Act approved February 12, 1962 (Ga. Laws 1962, p. 39), an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), an Act approved April 2, 1963 (Ga. Laws 1963, p. 262), an Act approved March 26, 1964 (Ga. Laws 1964, p. 757), an Act approved April 8, 1965 (Ga. Laws 1965, p. 593), an Act approved March 10, 1966 (Ga. Laws 1966, p. 395), an Act approved April 2, 1968 (Ga. Laws 1968, p. 536), an Act approved March 14, 1969 (Ga. Laws 1969, p. 74), an Act approved February 26, 1970 (Ga. Laws 1970, p. 93), an Act approved March 10, 1970 (Ga. Laws 1970, p. 199), an Act approved March 1, 1971 (Ga. Laws 1971, p. 12), an Act approved March 12, 1973 (Ga. Laws 1973, p. 57), an Act approved March 12, 1973 (Ga. Laws 1973, p. 63), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1201), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1204), an Act approved April 18, 1975 (Ga. Laws 1975, p. 578), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 580), so as to change the definition of the term peace officer; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1922">

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. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan. - Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. Laws 1953, Nov. - Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved February 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), an Act approved February 12, 1962 (Ga. Laws 1962, p. 39), an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), an Act approved April 2, 1963 (Ga. Laws 1963, p. 262), an Act approved March 26, 1964 (Ga. Laws 1964, p. 757), an Act approved April 8, 1965 (Ga. Laws 1965, p. 593), an Act approved March 10, 1966 (Ga. Laws 1966, p. 395), an Act approved April 2, 1968 (Ga. Laws 1968, p. 536), an Act approved March 14, 1969 (Ga. Laws 1969, p. 74), an Act approved February 26, 1970 (Ga. Laws 1970, p. 93), an Act approved March 10, 1970 (Ga. Laws 1970, p. 199), an Act approved March 1, 1971 (Ga. Laws 1971, p. 12), an Act approved March 12, 1973 (Ga. Laws 1973, p. 57), an Act approved March 12, 1973 (Ga. Laws 1973, p. 63), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1201), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1204), an Act approved April 18, 1975 (Ga. Laws 1975, p. 578), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 580), is hereby amended by adding after the eighth sentence in Section 8 thereof the following: Such term shall also include any person employed by the Department of Transportation who is designated by the Commissioner of Transportation as an enforcement officer pursuant to Section 95A-962 of the Georgia Code of Public Transportation; provided, however, such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after the effective date of this amendment. so that when so amended Section 8 of said Act shall read as follows:

"GA1978.1.1923">

Section 8. The term `peace officer' as used in this Act shall mean all peace officers who are employed by the State of Georgia, or any subdivision, or municipality thereof, who are required by the term of their employment, whether by election or appointment, to give their full time to the preservation of public order, or the protection of life and property, or the detection of crime in the State of Georgia, or any political subdivision or municipality thereof. For the purposes of this Act, any deputy sheriff employed as such by a sheriff of this State shall be deemed to be employed by the county wherein such sheriff serves. Such term shall also include any warden or guard of State or county public works camps and any warden or guard of municipal public works camps of a municipality having a population of 70,000 or more according to the last or any future United States Census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard. Any warden or guard of a municipal public works camp who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled. Such term shall also include all employees of the Peace Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job. Any such full time employee who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled. Such term shall also include any parole officers who are required by the terms of their employment to devote full time to their job. Such term shall also include any law enforcement employee of the Alcohol and Tobacco Tax Unit of the Georgia Department of Revenue who is required by the terms of his employment to devote his full time to his job as a law enforcer, and any supervisor of such employees who, himself, is assigned to the Alcohol and Tobacco Tax Unit and who is required by the terms of his employment to have arrest powers and to enforce the alcohol and tobacco tax laws. Such term shall also include any person employed by the Department of Transportation who is designated by the Commissioner of Transportation as an enforcement officer pursuant to Section 95A-962 of the Georgia Code of Public Transportation; provided, however, such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after the effective date of this amendment. The word `income'

"GA1978.1.1924">

as used in this Act shall mean any and all income received by a peace officer for services rendered, whether such income be in the form of salary, fees, subsistence allowance or other type of allowance, or any combination thereof. The word `service' as used in this Act to determine the amount of annuities or benefits due any beneficiary under the provisions of this Act shall mean the total number of years in the aggregate actually served by a peace officer, computed from the date such peace officer began his service as a peace officer, except that no peace officer shall receive credit for any service performed after March 1, 1951, unless he has paid into the Fund the amount required for such service. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. PEACE WARRANTS. Code Sections 76-101, 76-201 Amended. No. 1371 (Senate Bill No. 139). AN ACT To amend Code Title 76, relating to peace warrants and behavior bonds, as amended, so as to provide that, in counties in which a State court is established, bonds for good behavior and bonds to keep the peace shall be returnable in the State court; to repeal conflicting laws; and for other purposes.

"GA1978.1.1925">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 76, relating to peace warrants and behavior bonds, as amended, is hereby amended by inserting in Code Section 76-101, after the words, court of inquiry after a hearing, the following: ,except that, in counties in which a State court is established, such bonds shall be returnable in the State court rather than in the superior court, so that when so amended Code Section 76-101 shall read as follows: 76-101. Authority to require bond.Any judicial officer authorized to hold a court of inquiry may, upon the information of others, under oath, or on his own motion, issue his warrant against any person in the county whose conduct is such as to justify the belief that the safety of any one or more of the citizens of the county, or the peace or the property of the same, is in danger of being injured or disturbed thereby; and upon the return of the warrant, the court upon sufficient cause being shown may require from such person a bond with sureties for his good behavior until the next term of the superior court of the county: Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall contain the same conditions as a bond required by the court of inquiry after a hearing, except that, in counties in which a State court is established, such bonds shall be returnable in the State court rather than in the superior court. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost.

"GA1978.1.1926">

Section 2. Said Code Title is further amended by inserting in Code Section 76-201, after the words, court of inquiry after a hearing, the following: , except that, in counties in which a State court is established, such bonds shall be returnable in the State court rather than in the superior court, so that when so amended Code Section 76-201 shall read as follows: 76-201. Authority to require bond.Upon the information of any person, under oath, that he is in fear of bodily harm to himself or his family, from another, or of violent injury to his property, any judicial officer authorized to hold a court of inquiry may issue his warrant against such other person, requiring his arrest; and if, upon the return thereof, the court is satisfied, upon hearing the evidence of both parties, that probable cause for such fear exists, he may require the accused to give bond, with good security, to keep the peace as against the person, family, and property of the affiant, and, on failure to give the bond, shall commit him to jail: Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall contain the same conditions as a bond required by the court of inquiry after a hearing, except that, in counties in which a State court is established, such bonds shall be returnable in the State court rather than in the superior court. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1927">

STATE EMPLOYEES HEALTH INSURANCE PLANCONTINUATION OF BENEFITS. No. 1372 (Senate Bill 161). AN ACT To amend an Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), so as to change the provisions relative to the continuation of health insurance coverage for the spouse or dependents of an employee who dies; to provide for participation in health insurance by certain employees and former employees and their spouses and their dependent children and the terms and conditions connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), is hereby amended by striking from subsection (a) of Section 8A the following: 20 years and inserting in lieu thereof the following: 13 years and 4 months of, so that when so amended subsection (a) of Section 8A shall read as follows: (a) Any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this Act at the time of death of any employee, annuitant or other person who is the primary or principal beneficiary of said contract or contracts for health insurance and who dies on or after March 1, 1966 having at least 13 years and 4 months of creditable

"GA1978.1.1928">

service as determined pursuant to the provisions of the Act establishing an employees' retirement system known as `Employees' Retirement System of Georgia', approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regulations of the Board. The Board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance and resumption of coverage by any such spouse or dependent child or children. Section 2. Said Act is further amended by adding, following Section 8A, a new Section 8B, to read as follows: Section 8B. Any other provision of this Act to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he leaves office or employment has completed eight or more years of service as an employee, as defined in this Act, shall be entitled to continue full coverage and participation, including coverage for his spouse and dependent children, in the health insurance plan by the payment of an annual premium to be fixed by the Board. Such premium must be paid within 30 days following receipt of a notice of premium to be sent to such person by the Board. If the annual premium is not paid within such time limit such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan. The provisions of this Section shall not affect the rights otherwise available under this Act of retired employees and their spouses and dependents. The Board is hereby authorized to establish terms and conditions for participation as the Board shall deem appropriate and which are not in conflict with the provisions of 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 April 5, 1978.

"GA1978.1.1929">

GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY OVERVIEW COMMITTEE CREATED. No. 1373 (Senate Bill No. 236). AN ACT To create the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; to provide for membership; to provide terms of office; to provide for organization; to provide for the filling of vacancies; to provide duties; to direct certain State officers and agencies to provide assistance; to provide for staff; to provide for reports; to provide for financial matters; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. WHEREAS, the Geo. L. Smith II Georgia World Congress Center Authority is charged by law with the construction and operation of a comprehensive international trade and convention center for the State to be known as the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, the authority is a creature of the General Assembly, having been created for the purpose of constructing and operating the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, it is incumbent upon the members of the General Assembly to periodically review the effeciency and effectiveness with which said authority is meeting its statutory duties and functions. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is hereby created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker

"GA1978.1.1930">

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

"GA1978.1.1931">

Section 4 . In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Congress Center Authority consistent with the following criteria: (1) prudent, legal and accountable expenditure of public funds; (2) efficient operation; and (3) performance of its statutory responsibilities. Section 5 . (a) The committee is hereby authorized to expend State funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of this Act shall come from the funds appropriated to and available to the legislative branch of government. Section 6 . Nothing contained within this Act shall relieve the Geo. L. Smith II Georgia World Congress Center Authority of the responsibilities imposed upon it under law. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1932">

GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDAIRPORT LICENSING. Code Section 95A-1307 Enacted. No. 1374 (Senate Bill No. 243). AN ACT To amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. Laws 1973, p. 947), as amended, so as to provide for the licensing of open-to-the-public airports by the Department of Transportation; to define certain terms; to provide for the procedures for licensing of airports; to provide for the promulgation of rules and regulations; to provide for the revocation of licenses; to provide for review of administrative decisions; to make it unlawful to own or operate certain airports without a license after September 30, 1979; to provide for civil penalties; 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. Laws 1973, p. 947), as amended, is hereby amended by adding thereto a new Section, numbered 95A-1307, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows: 95A-1307. Airport licensing. (A) 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) `Aircraft' means any machine whether heavier or lighter than air, used or designated for navigation of, or flight in, the air. (2) `Airport' means any area of land, water or mechanical structure which is used for the landing and takeoff of aircraft, and is open to the general public for such use without prior permission or restrictions, and includes any appurtenant structures

"GA1978.1.1933">

and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements; Provided, that the term `airport' shall not include the following facilities used as airports: (a) Facilities owned or operated by the United States or an agency thereof; (b) Privately owned facilities not open to the general public when such airports do not interfere with the safe and efficient use of air space of an airport for which a license or an Airport Operating Certificate issued under part 139 of the Regulations of the Federal Aviation Administration, or any successor regulation, has been granted; (c) Facilities being operated pursuant to current Airport Operating Certificate issued by the Federal Aviation Administration, or any successor agency of the United States; and (d) Any facility served by a scheduled 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. (3) `Person' means an individual, firm, corporation, partnership, company, association, joint stock association, municipality, county, State agency, authority, or political subdivision and includes any trustee, receiver, assignee or other similar representative thereof. (B) It is hereby declared that the operation of airports used by the public for general aviation purposes but which are operated without regulation as to minimum and uniform safety requirements endangers the lives and property of persons operating aircraft at these facilities, the passengers of aircraft operated by such persons and the occupants of lands in the vicinity of such facilities. For the purpose of establishing and improving a system of safer airports, and to foster safer operating conditions at these airports, the department is authorized and directed to provide for the licensing of airports. The department may charge a license fee of ten dollars ($10.00) for each original license and each renewal thereof. All licenses

"GA1978.1.1934">

shall be renewed biennially. In promulgating the rules and regulations establishing minimum standards, the department shall consult with the Georgia Aviation Trades Associations. (C) The department shall issue a permit or renewal thereof to any owner of an airport who applies for a permit or renewal thereof, if, upon investigation, the department determines that the airport meets minimum standards, prescribed by the department in its rules and regulations, in the areas of geometric layout, navigational aids, lighting, approach surfaces, landing surfaces, runway markings, and separation between airport sites; Provided, that no permit shall be denied the owner or operator of an airport in existence on the effective date of this Act because of the failure to meet minimum standards prescribed with regard to geometric layout and separation between airport sites. (D) Within nine months after the effective date of this Act, the department shall promulgate and publish reasonable rules and regulations establishing the minimum standards provided for in subsection (C), the procedure for obtaining, renewing and revoking a license, and such other procedures and conditions as are reasonable and necessary to carry out the provisions of this Section. (E) Within six months after the effective date of the rules and regulations adopted by the department, the owner of each airport in this State shall apply, on forms prescribed by the department, for a license to operate the airport. Within sixty days after the receipt of a properly filled out application for a license, with appropriate fee, the department shall act upon the application. (F) All applications for renewal of a license shall be made to the department no later than sixty days prior to the expiration of the existing license or renewal thereof. (G) Applications for a license or renewal thereof may be denied, or a license may be revoked, by the department, after notice and opportunity for hearing to the licensee, when the department shall reasonably determine: (1) That the licensee has failed to comply with the conditions of the license or renewal thereof;

"GA1978.1.1935">

(2) That the licensee has failed to comply with the minimum standards prescribed by the department pursuant to this Section; or (3) That because of changed physical or legal conditions or circumstances the airport has become either unsafe or unusable for the purposes for which the license or renewal was issued; (H) The decision of the department to deny or revoke any license or renewal thereof shall be subject to review in the manner prescribed for the review of contested cases as prescribed by the Georgia Administrative Procedure Act. (I) After September 30, 1979, it shall be unlawful for any person to own or operate an airport without a valid license as required under the provisions of this Section. Any person owning or operating an airport without a valid license, or renewal thereof, prescribed by this Section shall be subject to a civil penalty, to be imposed by the Commissioner of the Department of Transportation in an amount not to exceed $100.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1936">

INSURANCE CODE AMENDEDINSURANCE RATES. Code Sections 56-507, 56-1016 Amended, Code Section 56-1042 Enacted. No. 1375 (Senate Bill No. 258). AN ACT To amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the insurer's average yield from investment income; to change the provisions relating to the consideration given in cases of fire insurance rates; to amend Code Chapter 56-10, relating to investments, as amended, so as to provide that an insurer may invest in certain secured and unsecured obligations; to provide for investments and the holding or owning of certain admitted assets; to provide for requirements in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 56-507, relating to the standards applicable to rates, is hereby amended by striking subsection (b) of Code Section 56-507, in its entirety, and inserting in lieu thereof a new subsection (b), to read as follows: (b) Consideration shall be given, to the extent applicable, to past and prospective loss experience within and outside this State, to conflagration and catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to past and prospective expenses both countrywide and those specially applicable to this State, to the insurer's average yield from investment income, and to all other factors, including judgment factors, deemed relevant within and outside this State; and in the case of fire insurance rates, consideration may be given to the experience of the fire insurance business during the most recent five-year period. Consideration may also be given in the making and use of rates to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers.

"GA1978.1.1937">

Section 2. Code Chapter 56-10, relating to investments, as amended, is hereby amended by adding to Code Section 56-1016, relating to investments by insurers in corporate bonds and debentures, as amended, a new subsection (4) thereto, which shall read as follows: (4) An insurer may invest in secured and unsecured obligations of such institutions or in portions thereof (other than the obligations described in subsections (1) and (2) and (3) of this Section) which do not bear interest at a fixed rate and which may or may not have a maturity date or be evidenced by a formal certificate. Such investments must (i) consist of less than one hundred (100%) percent of the total obligation issued, (ii) must be able to be liquidated by the insurer within five (5) days from the date of a request by such insurer for the liquidation thereof, and (iii) notwithstanding the provisions of Code Section 56-1027, an insurer's total investments in such obligations at any one time shall not exceed five (5%) percent of such insurer's admitted assets without the written approval of the Commissioner. Section 3. Said Code Chapter is further amended by adding at the end thereof a new Code Section 56-1042 to read as follows: 56-1042. Book-Entry Securities. Notwithstanding any other provisions of this Title which might be construed to the contrary, nothing contained in this Title shall be deemed to prohibit an insurer from investing its funds in or holding or owning as admitted assets securities issued by the Treasury of the United States Government or by any agency or instrumentality of the United States Government or by any other institution so permitted under the provisions of this Title, which are not evidenced by certificates or instruments and related records issued to the insurer; provided (i) that a certificate evidencing the security and reciting the rights and obligations thereunder and the interest of the insurer thereunder is maintained in an appropriate location as authorized by law or is deposited with and maintained by any depository system operated by a clearing agency registered under the Securities and Exchange Act of 1934, (ii) that such securities are otherwise eligible for investment under this Title, and (iii) that such securities are either subject to or governed by the joint Federal Reserve-United States Treasury Department program relating to the utilization of book-entry record-keeping procedures with respect to the registration of securities or

"GA1978.1.1938">

such other similar programs as may be approved by the Commissioner by appropriate order, rule or regulation. 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 5, 1978. CRIMESUNAUTHORIZED REPRODUCTION, ETC. OF RECORDED MATERIAL. No. 1376 (Senate Bill No. 259). AN ACT To amend an Act to prohibit certain unauthorized transfers and reproductions of recorded material, approved February 27, 1975 (Ga. Laws 1975, p. 44), so as to change the penalty for violation of the provisions of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to prohibit certain unauthorized transfers and reproductions of recorded material, approved February 27, 1975 (Ga. Laws 1975, p. 44), is hereby amended by striking subsection (d) of Section 1 thereof in its entirety and substituting in lieu thereof a new subsection (d), to read as follows: (d) Violation of this Section is a felony and is punishable upon conviction by a fine of not more than $25,000.00 or by imprisonment for not less than one year or more than two years, or both fine and imprisonment; second or subsequent violations of this Section

"GA1978.1.1939">

shall be punishable, upon conviction, by a fine of not more than $100,000.00 or by imprisonment for not less than one year nor more than three years, or both fine and imprisonment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. PROBATE COURTSCOSTS. Code Chapter 24-17 Amended. No. 1377 (Senate Bill No. 264). AN ACT To amend Code Chapter 24-17, relating to powers, election, qualification and fees of judges of the probate courts, as amended, so as to substantially revise, supersede and change the provisions relating to fees of the judges of the probate courts; to provide for a deposit of cost; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 24-17, relating to powers, election, qualification and fees of judges of the probate courts, as amended, is hereby amended by striking Code Section 24-1716, relating to fees in general, and inserting in lieu thereof a new Code Section 24-1716, to read as follows: 24-1716 (4827) PROBATE COURT COSTS The judges of the probate courts are entitled to the following court costs. The services included in each category are as listed: A. SPECIFIC SERVICES

"GA1978.1.1940">

LETTERS OF ADMINISTRATION Temporary Receiving applications, Docketing and filing applications, Services in determining necessity for temporary administration and entitlement of petitioner, or other nominee thereto, Order appointing, Bond, taking, approving and filing, Issuing Oath, Issuing Letters. $28.50 Plus Recording Cost Permanent Receiving applications, Docketing and filing applications, Granting and issuing citation and copy for legal gazette, Services in determining: statutory compliance in publication of citation, residence and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto, Order of appointment, Bond, taking, approving and filing, Issuing Oath, Issuing Letters. $34.50 Plus Recording Cost WILLS Cost of Probating in Common Form Receiving and filing will, Receiving application, Docketing and filing application, Hearing evidence on probate and determining issue of devisavit vel non, Order of probate and appointing executor, Issuing Letters. $26.50 Plus Recording Cost

"GA1978.1.1941">

Cost of Probating in Solemn Form Filing will for purpose of probating `in solemn form', Receiving application, Docketing and filing application, Order for service, including all citations issued in connection therewith, Hearing evidence upon the probate and determining issue of devisavit vel non, Order of probate and appointing executor (or order denying same), Oath of executor, Issuing Letters. $34.50 Plus Recording Cost GUARDIAN AD LITEM (In Probate of Wills in Solemn Form and in All Other Proceedings Where Such is Necessary) Services in determining necessity for the appointment of guardian ad litem, Receiving and examining answer of guardian ad litem, Copy of service. $ 5.00 Plus Recording Cost LETTERS OF GUARDIANSHIP OF MINORS (Includes Temporary Permanent Guardianships of the Person or Property) Receiving application, Docketing and filing application and issuing all necessary citations, if any, Services in determining necessity therefor and entitlement of petitioner or other nominee thereto, Order appointing guardian, Bond, taking, approving and filing (person or property), Issuing Oath, Issuing Letters. $28.50 Plus Recording Cost

"GA1978.1.1942">

YEAR'S SUPPORT All service of the Probate Court (except Sheriff service and advertising) $34.50 Plus Recording Cost Recording Certificate in Superior Court $ 2.00 CONVEYING OR INCUMBERING A YEAR'S SUPPORT Whole service (recording excepted). $22.00 Plus Recording Cost DIVISION IN KIND Receiving application, Docketing and filing application, Order appointing freeholders, Commission to freeholders, Recording plat (see clerk's fees). $34.50 Plus Recording Cost COMPROMISE CLAIM Receiving application, Docketing and filing application, Services in hearing evidence for determination of the matter, Final order. $19.00 Plus Recording Cost RETURNS - ANNUAL AND FINAL Receiving return, Filing, docketing and examining annual and final returns of executors, administrators, guardians and trustees, Oath, Order admitting, return to record, Of all estates not more than $5,000 $14.00 Plus Recording Cost Of all estates worth more than $5,000 $18.00 Plus Recording Cost

"GA1978.1.1943">

DISMISSION OF ADMINISTRATORS, EXECUTOR, OR GUARDIAN Receiving application, Docketing and filing application, Granting citation, Services in determining: statutory compliance in publication of citation and entitlement of applicant to dismission, Issuing Letters. $20.50 Plus Recording Cost HABEAS CORPUS Receiving application, Docketing and filing application, Issuance of writ, Filing answer to respondent. $21.50 Plus Recording Cost ORDER OF TITLE Receiving application, Docketing and filing application, Granting citation, Hearing evidence and determining matter, Order. $15.00 ESTABLISH LOST PAPERS Receiving application, Docketing and filing application, Granting citation or notice, Order. $15.00 Plus Recording Cost CONSTITUTIONAL HOMESTEADS For the whole service in setting part of homestead of realty and personalty when not litigated, $15.00 Where objections or demurrer is filed and heard, in addition to the proceedings, $ 5.00 Surveyor, actual charge made, $ (not included in fee base).

"GA1978.1.1944">

STATUTORY HOMESTEAD (51-1301) For whole services in setting apart short homestead exemption $10.00 NONWAIVERABLE HOMESTEAD EXEMPTION (51-1103) Short Homestead - $300 limit $ 4.00 MENTAL ILLNESS (Petition to Determine the Issue of Hospitalization Under 88-506.4) For whole service in connection with each mental illness case, $40.00 For services when petition filed but subsequently withdrawn or dismissed before hearing, $20.00 LETTERS OF GUARDIANSHIP FOR MENTALLY ILL, MENTALLY RETARDED, OR MENTALLY INCOMPETENT For whole service, including hearing ($40.00) and appointment of guardianship ($28.50) In addition $25.00 for each member of the commission and the court appointed attorney, when required $68.50 RESTORATION TO NORMAL HEALTH For whole service in connection with each case by the probate judge to be filed as part of the required cost at time of filing petition, In addition $25.00 for each member of the commission and the court appointed attorney, when required $40.00 INVENTORY AND APPRAISEMENT Whole service for inventory $ 7.50 Plus Recording Cost Whole service for appraisement $ 7.50 Plus Recording Cost

"GA1978.1.1945">

SALE OF REALTY, PERSONALTY, OR PERISHABLE PROPERTY UNDER ADMINISTRATION OR GUARDIANSHIP Sale of perishable personalty $20.00 Plus Recording Cost LEAVE OF SALE OF REALTY AND NONPERISHABLE PERSONALTY Public sale $20.00 Private sale $34.50 SALE BILL Whole service for same. $ 3.00 Plus Recording Cost NO ADMINISTRATION Receiving application, Filing and docketing same, Granting and issuing citation and copy for legal gazette, Service in determining: statutory compliance in publication of citation, intestacy of decedent, his heirs and being sui juris, property of decedent, no debts, and agreement to amicably divide estate, etc., Issuing order of `No Administration Necessary'. $30.00 Plus Recording Cost PETITION FOR ATTORNEY'S FEE Receiving application, Filing and docketing the same, Services in hearing and determining allegations of applications, Order. $19.00 Plus Recording Cost

"GA1978.1.1946">

PUBLIC SAFETY PATROL TRIAL Holding trial $ 6.50 Receiving written application for warrant $ 3.50 PETITION FOR CHANGE OF BIRTH CERTIFICATE Whole service for same, $20.00 B. GENERAL SERVICES Recording $ 1.50 per page All pleadings, amendments, motions, etc. $ 2.50 Plus Recording Cost per page Photostatic copies (for use as plain copies or as parts of cert. copies) $.25 per page All hearings (uncontested hearings included in base fee) (contested) $20.00 per day: 1/2 day or less $10.00 Exemplified copies $ 3.00 plus $.25 per page C. MISCELLANEOUS SERVICES Applicant to pay all publications costs of citations, notices, etc., at the usual legal rate, in all manner when such required. For receiving any application, petition, or case where no costs are prescribed, $8.00 For every case litigated before the judge of the probate court where no costs are prescribed, $20.00/day, one-half day minimum charge, $10.00 For filing and docketing any application, petition or case where no costs are prescribed, $8.00 For every order passed where no costs are prescribed, $1.00 `Provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository.' For each affidavit where no case is pending before judge of the probate court, $.50 `For every service required and performed where no fees are specified, the same fees are allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed.' For issuing process against a person for not making returns, $10.00 For rule nisi, $10.00

"GA1978.1.1947">

For each subpoena, $.50 For hearing election contests, to be taxed as cost per day, $20.00 For certificate of residency, $2.00 For recording marks and brands, $2.50 For bond when necessary, $4.00 For recording vouchers, $.25 For entering an appeal and transmitting the proceeding to superior court, $5.00, plus $1.50 per page of document, provided, however, that where a transcript of the evidence and proceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence. For filing and recording an official bond of county officers (to be paid by county), $3.00 For taking and recording oath of county officer (to be paid by county), $3.00 For each Fi. Fa. issued by the Clerk of the Probate Court, $1.50 For seal and certificate, $3.00 Disabled veterans, certificate of eligibility - filing fee, $1.00 For every explosive permit, $2.00 For every peddler's license, $1.50 For certified copy of letters administration, letters testamentary, or guardianship, including seal and certificate, $3.00 For services in making settlement of accounts of executors, administrators, and guardian (when contested), $20.00 For registration of corporation, business profession or commodity subject to special tax, each, $1.00 For every pistol license issued, $15.00 For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box, $20.00 For petition for removal or accounting by any fiduciary, $25.00 (Whole service does not include costs of certified or registered mail, sheriff's service or advertising) (Base cost does not include a certified copy) For issuing commission to examine witnesses, $5.00 For taking of any witness testimony on commission

"GA1978.1.1948">

from another court, $5.00 For examining book and giving extract or fact that information sought is not therein, $1.50 For safekeeping a will, $5.00 For petition to encroach if amount of encroachment is $500.00 or less, $5.00 For petition to encroach over $500.00, $10.00 For granting letters of administration CTA, DBN, or DBN-CTA whole service, $40.00 For granting letters to successor executor, $25.00 For petition to determine heirs, $34.50 For petition to enter safety deposit box, $10.00 For petition to accept funds for custody of minors, incompetents, and missing heirs - 5% of funds deposited. For receiving application, issuing marriage license, and recording (whole service), $10.00. D. ADVANCE COST `Before filing any proceeding, in accordance with the provisions of Code Section 24-1716.1, as the same may now or hereafter be amended, a deposit of $30.00 Provided that such deposit shall not be required if the party desiring to file such proceeding is unable by reason of poverty to pay such deposit and such party files with the probate court 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.' Section 2. Said Code Chapter is further amended by inserting, following Code Section 24-1716, a new Code Section 24-1716.1, to read as follows: 24-1716.1 Deposit of Cost Required in Probate Proceedings The judges of probate courts shall not be required to file any proceedings until the deposit required by Section 24-1716, relating to court costs of probate courts, as amended, has been deposited with said probate judge on account of cost, provided that such deposit shall not be required if the party desiring to file such proceeding is unable by reason of poverty to pay such deposit and such

"GA1978.1.1949">

party files with the probate court an affidavit to such effect. If the proceeding be dismissed or withdrawn, or if the total cost incurred in said proceeding is less than the deposit required by Section 24-1716, as amended, any of the sum remaining in the hands of the probate court shall be repaid. The deposit required to be filed by this Section shall not affect any Code Section or Act of the General Assembly which requires a deposit in excess or in addition to the deposit of cost required by this Section. Nothing contained herein shall be deemed to require such deposit of cost of the State, its agencies, or political subdivisions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. THE LAW SCHOOL PUBLIC PROSECUTOR ACT OF 1970 AMENDEDDEFINITIONS. Code Section 9-401.2 Amended. No. 1378 (Senate Bill No. 326). AN ACT To amend Section 9-401.2 of the Code of Georgia, as amended, known as The Law School Public Prosecutor Act of 1970, as amended, so as to provide that the term district attorney shall also mean the Attorney General, the Director of the Prosecuting Attorneys' Council, a Solicitor of a State Court or any Assistants of such officers; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.1950">

Section 1. Section 9-401.2 of the Code of Georgia, known as The Law School Public Prosecutor Act of 1970, as amended, is hereby amended by adding a new paragraph (5) of subsection (g) as follows: (5) District Attorney. District attorney shall mean any District Attorney of this State, the Attorney General, the Director of the Prosecuting Attorneys' Council or any Solicitor of a State Court or any Assistants of such officers. 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, 1978. REVENUEFAIR MARKET VALUE DEFINED. Code Section 92-5702 Amended. No. 1379 (Senate Bill No. 350). AN ACT To amend Code Section 92-5702, relating to the meaning of the phrase fair market value for ad valorem taxation purposes, as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 358) and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), so as to redefine the meaning of fair market value and to prescribe the means, methods and guidelines to be used in determining the fair market value of certain types of property for taxation purposes; to provide for tax assessor access to certain public records; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

"GA1978.1.1951">

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-5702, relating to the meaning of the phrase fair market value, as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 358) and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), is hereby amended by striking said Section, as amended, which reads as follows: 92-5702. `Fair market value', meaning of.The intent and purpose of the tax laws of this State are to have all property and subjects of taxation returned at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced sale thereof, and the words `fair market value', when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold. The tax assessors, in determining the fair market value of real property, shall consider the following criteria: (a) existing zoning of property; (b) existing use of property; (c) existing covenants or restrictions in deed dedicating the property to a particular use; or (d) any other factors deemed pertinent in arriving at fair market value., in its entirety, and inserting in lieu thereof a new Code Section 92-5702, to read as follows: 92-5702. `Fair market value', meaning of. (a) Since it is the intent and purpose of the tax laws of this State to have all property returned for taxation at its fair market value, the words `fair market value' shall be deemed to mean what a knowledgeable buyer would pay for the property and a willing seller would accept at an arm's length bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any

"GA1978.1.1952">

reasonable, relevant and useful information available including, but not limited to: the original cost of the property; any depreciation or obsolescence; and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the tax-payer for the purpose of discovering such information. (b) In determining the fair market value of a going business, where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business, where appropriate to reflect accurate fair market value, as a whole. (c) In determining the fair market value of real property, the tax assessor shall consider the following criteria: (1) existing zoning of property; (2) existing use of property; (3) existing covenants or restrictions in deed dedicating the property to a particular use; or (4) any other factors deemed pertinent in arriving at fair market value. Section 2 . The provisions of this Act shall apply only with respect to tax years beginning on or after January 1, 1979. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1953">

PROBATE COURTSJUDGES' SALARIES. No. 1380 (Senate Bill No. 354). AN ACT To provide and fix minimum salaries for judges of the probate courts of the various counties within the State of Georgia, to be paid from county funds; to provide for increases; to provide that the provisions of this Act shall not be construed to place any judge of the probate court on an annual salary in lieu of the fee system of compensation; to provide for other matters relative to the foregoing; to repeal an Act providing the minimum salaries for the judges of the probate courts, approved March 21, 1974 (Ga. Laws 1974, p. 455); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Any other provisions of law to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 7,200 6,000 - 11,999 10,700 12,000 - 19,999 12,200 20,000 - 29,999 13,700 30,000 - 39,999 15,200 40,000 - 49,999 16,200 50,000 - 99,999 17,200 100,000 - 199,999 24,500 200,000 - 29,500 Section 2 . The amount of minimum salary provided in Section 1 for the judges of the probate courts of any county who also holds and conduct elections or is responsible for conducting elections for members of the General Assembly, under the provisions of any applicable

"GA1978.1.1954">

general or local law of this State, shall be increased by $50.00 per month. The amount of the minimum salary provided in Section 1 for the judges of the probate courts of any county presently on a salary who is responsible for traffic cases under the provisions of any general or local law of this State shall also be increased by $100.00 per month. Section 3. The amounts provided in Sections 1 and 2 of this Act shall be increased by five percent (5%) per each four-year term of office served by any judge of a probate court, figured at the end of each such period of service. 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, except that the current term of judges of probate courts presently in office shall be counted for determining the appropriate salary under this Section. This Act shall not be construed to reduce the salary of any judge of a probate 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 probate court shall come from funds other than the funds specified as salary in this Act. Section 4. The provisions of this Act shall not be construed so as to place any judge of the probate court who is on the fee system of compensation on a salary system of compensation. Any judge of a probate court who is compensated under the fee system of compensation on July 1, 1978, shall continue to receive compensation under the fee system of compensation until local legislation is enacted by the General Assembly placing such judge of the probate court on an annual salary equal to the salary provided for in this Act. Section 5. An Act providing minimum salaries for judges of the probate courts, approved March 21, 1974 (Ga. Laws 1974, p. 455), is hereby repealed in its entirety. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1955">

BOARDS OF EDUCATIONLIABILITY INSURANCE. No. 1381 (Senate Bill No. 382). AN ACT To amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators and other employees against liability for damage in specified instances, approved April 18, 1973 (Ga. Laws 1973, Vol. I, p. 1267), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, Vol. I, p. 1181), so as to add a new Section thereto authorizing the State Board of Education, local boards of education and boards of control of cooperative educational service agencies, to pay the amount of deductible identified in the liability policy/policies for board members, superintendents, teachers, principals, and other administrators and employees; to define the conditions upon which such payments may be made; to provide 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 boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators or other employees against liability for damage in specified instances, approved April 18, 1973 (Ga. Laws 1973, Vol. I, p. 1267), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, Vol. I, p. 1181), is hereby amended by adding after Section 4 thereof, a new Section, to be known as Section 4A, to read as follows: Section 4A. Payment of Damages. In addition to other compensation paid to board members, officers, officials, administrators

"GA1978.1.1956">

and other employees hereinbefore referred to, whether under this Act or otherwise, the State Board of Education, local boards of education, or boards of control of cooperative educational service agencies, as the case may be, are hereby authorized to make payment for the amount of the deductible identified in the liability policy/policies: (a) Such payments may be made only with respect to acts or omissions giving rise to such liability which occur after the effective date of this Act and while the person or persons guilty therefor are still in office or employed by the board responsible hereunder for making such payment; (b) Such payments may be made only with respect to acts or omissions connected with or arising out of the performance of the official duties by the person or persons individually liable therefor with the board in question; and (c) The acts or omissions giving rise to such liability do not involve the commission of any civil or criminal offense against the board otherwise responsible therefor, or involve the misappropriation of funds or property belonging to such board or any public agency. 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, 1978.

"GA1978.1.1957">

GEORGIA CHILD CUSTODY INTRASTATE JURISDICTION ACT OF 1978. No. 1382 (Senate Bill No. 397). AN ACT To provide for intrastate child custody jurisdiction; to provide a short title; to specify purpose; to provide for construction; to define certain terms; to specify how an action to obtain a change of legal custody of certain children shall be brought; to provide limitations; to prohibit legal and physical custodians of certain children from maintaining certain actions under certain circumstances; to provide for severability; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Georgia Child Custody Intrastate Jurisdiction Act of 1978. Section 2. Purpose; Construction. (a) The general purposes of this Act are to: (1) Avoid jurisdictional competition and conflict by courts within this State in matters of child custody which have in the past resulted in the shifting of children from county to county with harmful effects on their well-being. (2) Promote cooperation by the courts of this State to the end that a custody decree is rendered by that court which can best decide the case in the interest of the child. (3) Assure that litigation concerning the custody of a child takes place ordinarily in that court with which the child and his family have the closest connection and where significant evidence concerning the care, protection, training, and personal relationships of the child is most readily available, and that courts of this State decline the exercise of jurisdiction when the child and his family have a closer connection with another court of this State.

"GA1978.1.1958">

(4) Discourage continuing controversies over child custody in the interest of greatest stability of home environment and of secure family relationships for the child. (5) Deter abductions and other unilateral removals of children undertaken to obtain custody awards. (6) Avoid relitigation of custody decisions of other courts in this State insofar as is feasible. (7) Facilitate the enforcement of custody decrees. (8) Make uniform the practice and procedure of the courts of this State in child custody matters. (b) This Act shall be construed to promote the general purposes stated in this Section. Section 3 . Definitions. As used in this Act: (a) Legal custodian means a person (including, but not limited to, a parent) who has been awarded permanent custody of a child by a court order. A person who has not been awarded custody of a child by court order shall not be considered as the legal custodian while exercising visitation rights. Where custody of a child is shared by two or more persons or where the time of visitation exceeds the time of custody, that person who has the majority of time of custody or visitation shall be the legal custodian. (b) Physical custodian means a person (including, but not limited to, a parent) who is not the legal custodian of that child but who has physical custody of the child. (c) Custody includes visitation rights. Section 4 . Actions to Obtain a Change of Legal Custody; How and Where Brought; Limitations. (a) Except as otherwise provided in this Section, after a court has determined who is to be the legal custodian of a child, any complaint seeking to obtain a change of legal custody of such child shall be brought as a separate action in the county of residence of the legal custodian of the child.

"GA1978.1.1959">

(b) A complaint by the legal custodian seeking a change of legal custody or visitation rights shall be brought as a separate action in compliance with Article VI, Section XIV, Paragraph VI of the Constitution. (c) No complaint specified in subsection (a) or (b) shall be made as a counterclaim or in any other manner in response to a petition for writ of habeas corpus seeking to enforce a child custody order, or in response to any other action or motion seeking to enforce a child custody order. (d) The use of a complaint in the nature of habeas corpus seeking a change of child custody is hereby prohibited. Section 5 . Limitations On Actions By Physical or Legal Custodians. (a) A physical custodian shall not be allowed to maintain against the legal custodian any action for divorce, alimony, child custody, change of alimony, change of child custody, change of visitation rights, or application for contempt of court so long as custody of the child is withheld from the legal custodian in violation of the custody order. (b) A legal custodian shall not be allowed to maintain any action for divorce, alimony, child custody, change of alimony, change of child custody, change of visitation rights, or application for contempt of court so long as visitation rights are withheld in violation of the custody order. Section 6 . Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7 . Effective Date. This Act shall become effective on January 1, 1979, provided, however, that Section 4 of this Act shall not be applicable to actions pending in court on the effective date of this Act.

"GA1978.1.1960">

Section 8 . Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. STATE BOARD OF DISPENSING OPTICIANSMEMBERSHIP. No. 1383 (Senate Bill No. 404). AN ACT To amend an Act creating the State Board of Dispensing Opticians and regulating the practice of the trade or occupation of dispensing opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), so as to change the membership of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Board of Dispensing Opticians and regulating the practice of the trade or occupation of dispensing opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), is hereby amended by striking in its entirety Section 5 and substituting in lieu thereof a new Section 5 to read as follows: Section 5. There is hereby created the State Board of Dispensing Opticians, which said board shall supervise the practice of dispensing opticians and enforce the provisions of this Act, and which said board shall be composed of five (5) licensed dispensing opticians, each of whom shall be a resident of the State of Georgia who has been engaged in the practice of dispensing optician in said State for not less than five years preceding the time of his appointment and one additional member who shall have no connection whatsoever with the trade or occupation of dispensing opticians. The members of said board shall be appointed by the Governor of

"GA1978.1.1961">

the State of Georgia, and each such appointee shall hold office for a period of four years, or until his successor is appointed and qualified, except as hereinafter provided. The Governor is also empowered to fill vacancies that may occur from time to time to said board with persons duly qualified. The board shall select from among their own number a chairman and a vice-chairman and shall adopt rules and regulations governing the examination of applicants, the enforcement of the provisions of this Act and shall establish a code of ethics and standards of practice for dispensing opticians and such other rules and regulations governing procedure as shall be necessary and proper for the carrying out of the objectives of this Act. Said board shall, however, provide for meetings at least twice each year for the purpose of receiving applications and giving examinations as above provided and may meet at other times and at such places as the board shall designate from time to time or fix by regulations. The State Board of Dispensing Opticians may administer oaths, summon witnesses, take testimony in all matters relating to its duties. Said board shall issue license to practice the trade or occupation of dispensing optician to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this Act, and the rules and regulations of the board, such license shall be signed by the chairman and attested by the Joint-Secretary of the State Examining Boards, and it shall give absolute authority to the person to whom it is issued, to practice the trade or occupation of dispensing optician 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 April 5, 1978.

"GA1978.1.1962">

STATE BOARD OF PHARMACYMEMBERSHIP, EXAMINATIONS. Code Sections 79A-202.1, 79A-401.1 Enacted, Code Section 79A-206 Amended. No. 1384 (Senate Bill No. 405). AN ACT To amend Code Chapter 79A-2, relating to the State Board of Pharmacy, so as to provide for an additional member of the Board; to provide for the vote of such member; to change the compensation of the members of the Board; to provide for examinations; 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 79A-2, relating to the State Board of Pharmacy, is hereby amended by adding between Code Sections 79A-202 and 79A-203 a new Code Section, to be known as Code Section 79A-202.1, and to read as follows: 79A-202.1. Effective July 1, 1978, the Board shall consist of six members. In addition to the members of the Board provided for in the above Code Section, an additional member of the Board shall be appointed by the Governor. Such additional member shall not have any connection whatsoever with the pharmaceutical industry. Such additional member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this State. Vacancies occurring in the membership of the Board occupied by a consumer shall be filled by the Governor for the unexpired term of office. Except for appointments to fill vacancies, the term of office of all members of the Board shall be for five years. Section 2 . Said Code Chapter is further amended by striking from Code Section 79A-206 the following: $25.00 per day,

"GA1978.1.1963">

and inserting in lieu thereof the following: $44.00 per day, so that when so amended, said Code Section shall read as follows: 79A-206. The members of said Board of Pharmacy shall receive, as their compensation, the sum of $44.00 per day while in the actual performance of their duties as members of the said Board and, in addition, shall receive their actual traveling expenses while in performance of their duties on said Board, such compensation to be paid out of the funds received by the Joint Secretary, State Examining Boards, under the provisions of this Title and in accordance with the provision of Chapter 84-1 of the Code of Georgia. Section 3 . Code Chapter 79-4, relating to pharmacists, is hereby amended by adding, between Code Sections 79A-401 and 79A-402, a new Code Section 79A-401.1 to read as follows: 79A-401.1. Number and time of examinations. (a) The Board shall give complete examinations, including both the theoretical and the practical portions, at least three times a year. (b) These examinations shall be given in January, June, and September. If the national examination prepared and graded under the direction of the National Association of Boards of Pharmacy Licensing Examination is not available during one or more of the above months, the Board may schedule the examination for a date when the national examination is available that is as near as possible to the above months. (c) The Board may, by appropriate rule or regulation, provide for additional examinations and the time thereof. 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 5, 1978.

"GA1978.1.1964">

FOOD STAMPSCRIMES. No. 1385 (Senate Bill No. 410). AN ACT To amend an Act known as The Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. Laws 1965, p. 385), as amended, particularly by an Act approved March 28, 1973 (Ga. Laws 1973, p. 183), an Act approved April 17, 1975 (Ga. Laws 1975, p. 477), and by an Act approved April 6, 1976 (Ga. Laws 1976, p. 1490), so as to provide for certain fraudulent offenses relative to food stamps and to provide for penalties in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. Laws 1965, p. 385), as amended, particularly by an Act approved March 28, 1973 (Ga. Laws 1973, p. 183), an Act approved April 17, 1975 (Ga. Laws 1975, p. 477), and by an Act approved April 6, 1976 (Ga. Laws 1976, p. 1490), is hereby amended by adding at the end of Section 13 a new subsection (c) to read as follows: (c) It shall be a fraudulent device within the meaning of subsection (a) of this Section and punishable as therein provided for any person to: (1) knowingly use, alter or transfer food stamp coupons or authorizations to purchase food stamp coupons in any manner not authorized by law; or (2) knowingly possess food stamp coupons or authorizations to purchase food stamp coupons when he is not authorized by law to possess them; or

"GA1978.1.1965">

(3) knowingly redeem food stamp coupons when he is not authorized by law to redeem them; or (4) knowingly redeem food stamp coupons for purposes not authorized by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDAXLE WEIGHT. No. 1386 (Senate Bill No. 411). AN ACT To amend an Act known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1111) and an Act approved March 13, 1975 (Ga. Laws 1975, p. 68), so as to delete the provision allowing the driver of an overweight vehicle to equalize the load on all wheels and axles; to provide 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 Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1111) and an Act approved March 13, 1975 (Ga. Laws 1975, p. 68), is hereby amended by striking the words or equalizing and on all wheels or axles in the first unnumbered

"GA1978.1.1966">

paragraph of Code Section 95A-959(a) in their entirety, so that the first unnumbered paragraph of Code Section 95A-959(a), when so amended, shall read as follows: Except when so authorized by a permit issued pursuant to the provisions of Section 95A-961, no wheel on any vehicle operated upon any public road of this State, equipped with high pressure pneumatic, solid rubber or cushion tires, shall carry a load which exceeds 8,000 pounds by more than 13 percent, or an axle load which exceeds 16,000 pounds by more than 13 percent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13 percent, or any axle load which exceeds 18,000 pounds by more than 13 percent. An axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. If the driver of any vehicle can comply with the requirements of this Section by shifting the load and does so when requested by the proper authority, said driver shall not be held to be operating in violation of this Section. Section 2. This Act shall become effective on October 15, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1967">

ALTERATION OF MAXIMUM SPEED LIMITS REGULATED. Code Section 68A-804 Amended. No. 1387 (Senate Bill No. 412). AN ACT To amend Code Section 68A-804, relating to when local authorities may and shall alter maximum speed limits, so as to change certain provisions relating to the difference between adjacent speed limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 68A-804, relating to when local authorities may and shall alter maximum speed limits, is hereby amended by striking subsection (d) of said Section in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Not more than six such alterations as hereinabove authorized shall be made per mile along a street or highway, except in the case of reduced limits at intersections. The difference between adjacent limits shall not be more than 10 miles per hour, except for reductions for school speed zones which may be not more than 20 miles per hour when a warning sign is placed 700 feet in advance of the point at which the speed reduction is required. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1968">

REGULATION OF RADAR SPEED DETECTION DEVICES. No. 1388 (Senate Bill No. 415). AN ACT To amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968 (Ga. Laws 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 435) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 800), so as to change certain provisions relating to visibility of speed detection devices; 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. Laws 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 435) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 800), is hereby amended by striking from Section 7 thereof the word: it, and substituting in lieu thereof the words: the vehicle from which the device is operated, so that when so amended Section 7 shall read as follows: Section 7. No speed detection device shall be employed where the vehicle from which the device is operated is not visible to approaching motorists for a distance of at least 500 feet. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1969">

TIME LIMIT TO REVIEW REQUESTS FOR STAFF PRIVILEGES AT PUBLIC HOSPITALS. Code Section 88-1911 Amended. No. 1389 (Senate Bill No. 422). AN ACT To amend Code Section 88-1911, relating to the refusal or revocation of staff privileges in public hospitals, so as to change the time limitation within which applications for permission to treat patients in such hospitals shall be acted upon; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 88-1911, relating to the refusal or revocation of staff privileges in public hospitals, is hereby amended by striking from subsection (b) the following: sixty (60) days, and inserting in lieu thereof the following: ninety (90) days, so that when so amended subsection (b) of Code Section 88-1911 shall read as follows: (b) Whenever any licensed medical practitioner shall make application for permission to treat patients in any hospital owned or operated by the State, any political subdivision of the State or any municipality, the hospital shall act upon such application expeditiously and without unnecessary delay, but in no event shall final action thereon be taken later than ninety (90) days following receipt of the application. Provided, however, whenever the applicant is licensed

"GA1978.1.1970">

by any governmental entity outside the continental limits of the United States, the hospital shall have one hundred twenty (120) days to take action following receipt of the application. This subsection (b) shall apply solely to applications by licensed medical practitioners who are not members of the staff of the hospital in which privileges are sought at the time an application is submitted, and those not privileged, at such time, to practice in such hospital under a previous grant of privileges. 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, 1978. HOSPITAL AUTHORITIESFUNCTIONS AND POWERS. Code Section 88-1805 Amended. No. 1390 (Senate Bill No. 423). AN ACT To amend Code Section 88-1805, relating to functions and powers of hospital authorities, as amended, so as to authorize authorities to contract for certain consulting and management services; to provide a limitation; to provide editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 88-1805, relating to functions and powers of hospital authorities, as amended, is hereby amended by

"GA1978.1.1971">

striking said Section in its entirety and substituting a new Code Section 88-1805, to read as follows: 88-1805. Functions and Powers. Every hospital authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter, including, but without limiting the generalioty of the foregoing, the following powers: (a) To sue and be sued. (b) To have a seal and alter the same. (c) To make and execute contracts and other instruments necessary to exercise the powers of the Authority. (d) To acquire by purchase, lease or otherwise and to operate projects. (e) To construct, reconstruct, improve, alter and repair projects. (f) To sell to others, or to lease to others for any number of years up to a maximum of 40 years, any lands, buildings, structures or facilities constituting all or any part of any existing or hereafter established project and this power to be unaffected by the language set forth in (k) below or any implications arising therefrom unless grants of assistance have been received by the Authority with respect to such lands, buildings, structures or facilities in which case approval in writing as set forth in (k) below shall be obtained prior to selling or leasing to others within 20 years after completion of construction. (g) To lease for any number of years up to a maximum of 40 years for operation by others, any project hereafter established, provided the Authority shall have first determined that such lease will promote the public health needs of the community by making additional facilities available in the community and the Authority shall have retained sufficient control over any project so leased so as to insure that the lessee will not in any event obtain more than a reasonable rate of return on its investment in the project which said

"GA1978.1.1972">

reasonable rate of return if and when realized by such lessee shall not contravene in any way the mandate set forth in Section 88-1806 of this Chapter specifying that no Authority shall operate or construct any project for profit, and provided further that any such lessee shall have agreed in the lease to pay rent sufficient in each year to pay the principal of and the interest on any revenue anticipation certificates proposed to be issued to finance the cost of the construction or acquisition of any such project and the amount necessary in the opinion of the Authority to be paid each year into any reserve funds which the Authority may deem advisable to be established in connection with the retirement of the proposed revenue anticipation certificates and the maintenance of the project and any such lease shall further provide that the cost of all insurance with respect to the project and the cost of maintaining and repairing the same shall be borne by the lessee. The powers herein granted shall be unaffected by the language set forth in (k) below or any implications arising therefrom unless grants of assistance have been received by the Authority with respect to such project in which case approval in writing as set forth in (k) below shall be obtained prior to leasing to others within 20 years after completion of construction. Any revenues derived by the Authority out of any such lease shall be applied by the Authority to the payment of any revenue anticipation certificates issued in connection with the acquisition and construction of the project or for other expenses in connection with acquiring, financing, maintaining, expanding, operating or equipping the project. (h) To establish rates and charges for the services and use of the facilities of the Authority. (i) To accept gifts, grants or devises of any property. (j) To acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority. (k) To sell or lease within 20 years after the completion of construction of properties or facilities operated by the hospital Authority where grants of financial assistance have been received from Federal or State governments, after such action has first been approved by the Department in writing.

"GA1978.1.1973">

(l) To exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein. (m) To mortgage, pledge or assign any revenue, income, tolls, charges or fees received by the Authority. (n) To issue revenue anticipation certificates or other evidences of indebtedness for the purpose of providing funds to carry out the duties of the Authority; provided that the maturity of any such indebtedness shall not extend for more than 40 years. (o) To borrow money for any corporate purpose. (p) To appoint officers, agents and employees. (q) To make use of any facilities afforded by the Federal government, or any agency or instrumentality thereof. (r) To receive, from the governing body of political subdivisions issuing the same, proceeds from the sale of general obligation bonds or other County obligations issued for hospital Authority purposes. (s) To exercise any or all power now or hereafter possessed by private corporations performing similar functions. (t) To make plans for unmet needs of their respective communities. (u) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or management firm. Each such contract shall require the consultant or firm contracted with to post a suitable and sufficient bond. 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, 1978.

"GA1978.1.1974">

HOSPITAL AUTHORITIESVACANCIES. Code Section 88-1803 Amended. No. 1391 (Senate Bill No. 424). AN ACT To amend Code Section 88-1803, relating to creation of hospital authorities, as amended, so as to provide for the filling of vacancies on certain authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 88-1803, relating to creation of hospital authorities, as amended, is hereby amended by striking the portion thereof which reads as follows: (2) The board at its next regular meeting shall select one of the three (3) persons named in said list., and substituting in lieu thereof the following: (2) The board at its next regular meeting shall either select one of the three (3) persons named in said list or decline to select any of the persons named in the list. If the board declines to select any of the persons named on the list, it shall so notify the governing body. (3) Upon receipt of notification that the board has declined to select any of the persons named in the governing body's list, the governing body shall submit a second list of three (3) eligible persons, no one of whom was named on the first list, to the board of the hospital authority. The board at its next regular meeting after receipt of the second list shall select one of the three (3) persons named in the second list.,

"GA1978.1.1975">

so that when so amended Code Section 88-1803 shall read as follows: 88-1803. Creation of hospital authorities. There is hereby created in and for each county and municipal corporation of the State a public body corporate and politic to be known as the `Hospital Authority' of such county or city, which shall consist of a board of not less than five nor more than nine members to be appointed by the governing body of the county or municipal corporation of the area of operation for staggered terms as specified by resolution of the governing body. No authority created hereunder shall transact any business or exercise any powers hereunder until the governing body of the area of operation shall, by proper resolution, declare that there is need for an authority to function in such county or municipal corporation. A copy of said resolution adopted by the governing body shall be filed with the Department; likewise, copies of any resolution adopted by the governing body providing for filling vacancies in the membership of the authority or making any changes in membership. The members of the hospital authorities now in existence shall serve out the remainder of their terms as provided for by resolutions of the governing body, or until a vacancy occurs for any other reason, in which event the appointment of new members and the filling of vacancies shall be in accordance with the provisions hereof. Appointments to fill vacancies on the board of any hospital authority activated on or after March 15, 1964, either for an unexpired or full term as fixed in the original resolution or ordinance creating the same, shall be made as follows: (1) The governing body of the area of operation shall submit a list of three (3) eligible persons to the board of the hospital authority. (2) The board at its next regular meeting shall either select one of the three (3) persons named in said list or decline to select any of the persons named in the list. If the board declines to select any of the persons named on the list, it shall so notify the governing body. (3) Upon receipt of notification that the board has declined to select any of the persons named in the governing body's list, the governing body shall submit a second list of three (3) eligible persons, no one of whom was named on the first list, to the board of the hospital authority. The board at its next regular meeting after receipt of

"GA1978.1.1976">

the second list shall select one of the three (3) persons named in the second list. Appointments to fill vacancies either for an unexpired or full term on the board of all hospital authorities in existence prior to March 15, 1964, shall be made as follows: (1) Prior to May 1, 1964, the board of such hospital authority shall by resolution elect to have vacancies filled on such board pursuant to the provisions of this Chapter or in the same manner as such appointments were filled prior to the approval of this Act or its otherwise becoming law. (2) After said resolution has been formally adopted by the board, it shall be filed with the governing authority of all participating unit or units of such authority and all appointments to fill vacancies thereafter shall be governed by the terms of such resolution unless changed by local legislation or constitutional amendment. Any two (2) or more counties or any two (2) or more municipalities or any county or municipality, or combination thereof, by a like resolution or ordinance of their respective governing body may authorize the exercise of the powers herein provided for by an authority. The membership of such authority affected by like resolutions of the respective governing bodies of any two or more of the governing bodies of the participating units shall be not less than five nor more than 15 members, the terms and distribution of members between the participating units to be provided for by the resolutions adopted by the governing bodies of the participating units. The resolutions of the governing bodies of participating units acting together for the creation of an authority may be amended by the governing bodies of the participating units from time to time. Nothing herein is intended to invalidate any of the acts of existing boards of authorities. Hospital authorities shall be granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by hospital authorities as provided for under the provisions of this Title. Provided, however, the project or projects of such authority created by two (2) or more counties, or two (2) or more municipalities, or any county or municipality or combination thereof, may be located without the area of the sponsor's operation when determined

"GA1978.1.1977">

by the trustees that this will best serve the purposes of the facility and provided the same is located within the area of service and within twelve (12) miles of the hospital location or within twelve (12) miles of the sponsoring county or municipality, whichever is further. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. STATE EMPLOYEESCERTAIN PROFESSIONALS EXEMPTED FROM SELF-DEALING PROHIBITION. No. 1392 (Senate Bill No. 425). 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. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813), so as to provide for exceptions under certain circumstances; to continue certain regulations; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813), is hereby amended by inserting in Section 1 immediately following the word psychologist, wherever it appears in said Section, the following:

"GA1978.1.1978">

or registered nurse or licensed practical nurse, so that when so amended, Section 1 shall read as follows: Section 1. It shall be unlawful for any full-time appointive State official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee, provided, that upon compliance with the conditions and procedures set forth hereinafter, a chaplain employed full time by the State, or a physician, dentist or psychologist or registered nurse or licensed practical nurse 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 or registered nurse or licensed practical nurse 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 or registered nurse or licensed practical nurse on a full-time basis, shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment, and where appropriate, that the part-time employment of such person by the department, agency, commission or authority desirous of obtaining the services will be in the best interest of the State. (3) The departments, agencies, commissions or authorities, after having accomplished (1) and (2) above shall, by agreement, establish the procedures under which the employee shall perform the

"GA1978.1.1979">

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 April 5, 1978. GEORGIA ELECTION CODE AMENDEDUNOPPOSED CANDIDATES. Code Section 34-1112 Enacted, Code Section 34-1208 Amended. No. 1393 (Senate Bill No. 428). AN ACT To amend Code Title 34, relating to elections, so as to provide for the election of unopposed candidates in special elections; to provide for forms of official election ballots; to provide for forms of ballot labels on voting machines; to provide for an effective date; to provide for repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

"GA1978.1.1980">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34, relating to elections, as amended, is hereby amended by adding, following Code Section 34-1111, a new Code Section 34-1112, to read as follows: 34-1112. Unopposed candidates. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504. Section 2. Said Code Title is further amended by adding a new subsection at the end of Code Section 34-1208, relating to form of ballot labels on voting machines, to be designated subsection (j), to read as follows: (j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the special election ballot labels unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504. Section 3. The provisions of this Act shall become effective on January 1, 1979, only in the event an amendment to Article II, Section III, Paragraph III of the Constitution requiring write-in candidates in special elections to file notices of intention to candidacy is ratified at the 1978 general election. The provisions of this Act shall remain in effect only so long as such constitutional amendment remains in effect.

"GA1978.1.1981">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. GEORGIA CRIME INFORMATION CENTERDISSEMINATION OF INFORMATION. No. 1394 (Senate Bill No. 439). AN ACT To amend an Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 617), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1401) and an Act approved April 5, 1977 (Ga. Laws 1977, p. 1243), so as to authorize the dissemination of certain information to certain persons and agencies; 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 delete the prohibitions against the dissemination of certain information by criminal justice agencies other than the Georgia Crime Information Center; 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. Laws 1973, p. 1301), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 617), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1401) and an Act approved April 5, 1977 (Ga. Laws 1977, p. 1243), is hereby amended by adding at the end of Section 3 a new subsection to be designated subsection (p) to read as follows:

"GA1978.1.1982">

(p) Make records of adjudications of guilt available to any other agency of this State or political subdivision of this State or to any federal agency as follows: (1) Make available to public agencies, political subdivisions, authorities and instrumentalities, State or federal, 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 or public buildings and facilities without immediate supervision; (B) custody or control over or access to cash or valuable items; (C) knowledge of or access to secret processes or confidential governmental information; (D) insuring the security or safety of other employees, the general public or property of the State or federal political subdivisions, authorities and instrumentalities. (2) Make available to appropriate counsel, or representatives designated by the State, a political subdivision, authority or instrumentality thereof, or to any federal agency, records of persons apprehended for or suspected of a specific criminal act or acts of which such State, political subdivision, authority or instrumentality thereof, or federal agency, or an employee thereof or member of the general public at such institution or agency in the course of his employment or by reason of his presence at such institution or agency is a victim. (3) The Georgia Crime Information Center may 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) 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

"GA1978.1.1983">

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. (A) 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. 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 State agency, political subdivision or federal agency or person making such adverse decision of all information pertinent to this decision. This shall include information that a record was obtained from the Georgia Crime Information Center, the specific contents of such record and the effect that such record had upon the decision. (B) 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. (5) Neither the Georgia Crime Information Center, 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. (6) The Georgia Crime Information Center shall disseminate records pursuant to paragraph (1) only upon positive identification by fingerprint comparison. The Georgia Crime Information Center 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. Local criminal justice agencies may disseminate records of adjudication of guilt, without fingerprint comparison or prior contact with the Georgia Crime Information Center, to the same individuals and for the same purposes as described in paragraphs

"GA1978.1.1984">

(1) and (2) above and may charge fees as needed to reimburse such agency for any costs of such checking. (7) The Georgia Crime Information Center 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 this 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. (8) The Georgia Crime Information Center Council may adopt rules authorizing any local law enforcement agency to act as an agent for the Georgia Crime Information Center 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1985">

CRIMESFRAUDULENT ATTEMPTS TO OBTAIN REFUNDS. Code Section 26-1709 Amended. No. 1395 (Senate Bill No. 442). AN ACT To amend Code Section 26-1709, relating to fraudulent attempts to obtain refunds, so as to make it unlawful to give a false or fictitious address in attempting to obtain refunds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-1709, relating to fraudulent attempts to obtain refunds, is hereby amended by adding in subsection (a), between the words fictitious name and the words as his, the following: or address, so that when so amended, subsection (a) shall read as follows: (a) It shall be unlawful for any person to give a false or fictitious name or address as his own, or to give the name or address of any other person without that person's knowledge and approval, for the purpose of obtaining or attempting to obtain a refund for merchandise returned to a business establishment or a refund on a ticket or other document which is evidence of a service purchased from a business establishment, which service is yet to be performed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.1986">

APPELLATE PROCEDUREDISMISSAL FOR FAILURE TO PAY COSTS IN TRIAL COURT. No. 1396 (Senate Bill No. 444). AN ACT To amend an Act comprehensively revising appellate and other posttrial procedure, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1072), and an Act approved March 30, 1972 (Ga. Laws 1972, p. 624), so as to change the provisions relating to dismissal of appeals; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively revising appellate and other posttrial procedure, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1072), and an Act approved March 30, 1972 (Ga. Laws 1972, p. 624), is hereby amended by adding at the end of the second sentence of subsection (b) of Section 13 thereof, immediately preceding the symbol: ., the following: ; provided, however, that no appeal shall be dismissed for failure to pay costs if costs are paid within 20 days (exclusive of Saturdays, Sundays, and legal holidays) of receipt by the appellant of notice, mailed by registered or certified mail, of the amount of costs, so that when so amended subsection (b) of Section 13 shall read as follows: (b) No appeal shall be dismissed or its validity affected for any cause or consideration of any enumerated error refused, except for (1) failure to file notice of appeal within the time required as provided in this Act or within any extension of time granted hereunder;

"GA1978.1.1987">

(2) where the decision of judgment is not then appealable; or (3) where the questions presented have become moot. No appeal shall be dismissed by the appellate court nor consideration of any error therein refused because of failure of any party to cause the transcript of evidence and proceedings to be filed within the time allowed by law or order of court, but the trial court may, after notice and opportunity for hearing, order that the appeal be dismissed where there has been an unreasonable delay in the filing of such transcript and it is shown that the delay was inexcusable and was caused by such party; and in like manner, the trial court may order the appeal dismissed where there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that such delay was inexcusable and was caused by the failure of a party to pay costs in the trial court or file pauper's affidavit; provided, however, that no appeal shall be dismissed for failure to pay costs if costs are paid within 20 days (exclusive of Saturdays, Sundays, and legal holidays) of receipt by the appellant of notice, mailed by registered or certified mail, of the amount of costs. At any stage of the proceedings, either before or after argument, the court shall by order, either with or without motion, provide for all necessary amendments, require the trial court to make corrections in the record or transcript or certify what transpired below which does not appear from the record on appeal, require that additional portions of the record or transcript of proceedings be sent up, or require that a complete transcript of evidence and proceedings be prepared and sent up, or take any other action to perfect the appeal and record so that the appellate court can and will pass upon the appeal and not dismiss it. If an error appears in the notice of appeal, the court shall allow the notice of appeal to be amended at any time prior to judgment to perfect the appeal so that the appellate court can and will pass upon the appeal and not dismiss it. 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, 1978.

"GA1978.1.1988">

AGRICULTUREINSPECTION OF FLUID MILK AND MILK PRODUCTS. No. 1397 (Senate Bill No. 447). AN ACT To amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. Laws 1961, p. 501), as amended, so as to change the provisions relating to the cost of inspections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. Laws 1961, p. 501), as amended, is hereby amended by striking from subsection (c) of Section 11 the following: at not to exceed $25.00 per inspector per day, and inserting in lieu thereof the following: at a cost not to exceed the actual cost of the inspection, so that when so amended subsection (c) of Section 11 shall read as follows: (c) If, from inspections made or appropriate tests conducted, it is determined by the Commissioner that any law, rule or regulation has been violated, or from tests made, he has reason to believe that such milk or milk products as hereinabove enumerated are dangerous for human consumption, the Commissioner, after notice, is authorized to place one or more inspectors on such premises upon a 24-hour basis for such a period of time as he deems necessary to satisfy

"GA1978.1.1989">

himself that the laws and rules and regulations are being complied with. The cost of such inspection, to be fixed by the Commissioner, at a cost not to exceed the actual cost of the inspection, shall be paid by such person, firm or corporation to the Commissioner as a condition to the continued validity of the permit or the license under which said business is operated. The inspection charges provided herein may be terminated by a request to the Commissioner for a hearing within two (2) days subsequent to a charge of violation or the placing of the inspectors in the plant. Subsequent to such request the inspection charges shall be terminated. Upon hearing, and for cause shown the Commissioner is authorized to impose the cost of inspection as a part of the penalty imposed. Nothing herein contained shall be construed to prohibit the Commissioner from revoking or cancelling any permit or license of any person, firm or corporation doing business in this State who violates any of the provisions of the laws of this State or the regulations made pursuant thereto. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDLOAD LIMITS, ETC. Code Title 95A Amended. No. 1398 (Senate Bill No. 452). AN ACT To amend Code Title 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1111), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422), an Act approved March 13, 1975 (Ga.

"GA1978.1.1990">

Laws 1975, p. 68), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1154) and an Act approved April 6, 1976 (Ga. Laws 1976, p. 1500), so as to prohibit the consideration of adjustable axles in determining a vehicle's allowable gross weight between 73,280 pounds and 80,000 pounds; to change the time within which overweight assessments must be paid; to authorize the Commissioner of Transportation to appoint enforcement officers; to provide for the powers and duties of said enforcement officers; to preserve powers and duties held by other enforcement or peace officers; to redesignate a subsection of a Section of said Act; to require the remittance to the Department of Transportation of one-half of all fines and forfeitures collected for criminal violations cited by the Department's enforcement personnel; to authorize acceptance of the driver's license of a driver of a vehicle in violation of the dimension limitations in lieu of cash 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. Code Title 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1111), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422), an Act approved March 13, 1975 (Ga. Laws 1975, p. 68), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1154) and an Act approved April 6, 1976 (Ga. Laws 1976, p. 1500), is hereby amended by striking the colon immediately following the parenthetical language in paragraph (i) of subsection (a) of Code Section 95A-959, relating to weight of vehicle and load, as amended, and inserting in lieu thereof the following: ; provided, further, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, mechanically, hydraulically, by air pressure or by any other means, shall not be counted as an individual or additional axle when determining gross weights authorized by the formula or table:, so that paragraph (i) of subsection (a) of Code Section 95A-959, when so amended, shall read as follows: (i) that the maximum total gross weight shall not exceed 80,000 pounds and that for vehicles with a total gross weight between

"GA1978.1.1991">

73,280 pounds and 80,000 pounds, the overall gross weight in pounds on a group of three or more consecutive axles shall be as determined by the following formula (the results of which are tabulated in Table 1 of this Section up to 7 axles and a distance of 52 feet); provided, further, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, mechanically, hydraulically, by air pressure or by any other means, shall not be counted, except said axles utilized by vehicles which were manufactured prior to July 1, 1978, as an individual or additional axle when determining gross weights authorized by the formula or table: Where W = overall gross weight on any group of three or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of three or more consecutive axles, and N = number of axles in group under consideration; except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; and. Section 2. Said Code Title is further amended by striking Code Section 95A-960, relating to enforcement of load limitations, as amended, in its entirety and inserting in lieu thereof a new Code Section 95A-960, to read as follows: 95A-960. Enforcement of load limitations. (a) Any person who violates the load limitation provisions of Section 95A-959 shall be conclusively presumed to have damaged the public roads, including bridges, of this State by reason of such overloading and shall recompense the State for such damage in accordance with the following schedule: For the first 1,000 pounds of excess weight, $.008 per pound; plus $0.15 per pound for the next 2,000 pounds of excess weight; plus $.03 per pound for the next 2,000 pounds of excess weight; plus $.04 per pound for the next 3,000 pounds of excess weight; plus $.05 per pound for all excess weight over 8,000 pounds. Where a vehicle is authorized to exceed the weight limitations of Section 95A-959 by a permit issued pursuant to the provisions of

"GA1978.1.1992">

Section 95A-961, the term `excess weight' shall mean that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit. The foregoing schedules shall apply separately, to: (1) the excess weight of the gross load and (2) sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the State only for the largest of the money damages imposed under clauses (1) and (2) of this paragraph. Within 15 days after the issuance of the citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department or request an administrative determination of the amount and validity of the assessment. If an administrative hearing is requested, it shall be held in accordance with the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended, and the Department's Rules and Regulations. Any person who has exhausted all administrative remedies available within the Department and who is aggrieved by a final order of the Department, is entitled to judicial review in accordance with the Georgia Administrative Procedure Act. (b) Any provision of Georgia Code Section 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding, all monies collected in accordance with this Section shall be transmitted to the Treasurer of the Department, thereafter to be disposed of as follows: (1) where the violation occurred on a limited access road, as that term is defined in Section 95A-935, or where the violation occurred at a permanent weighing station established by the Department, all such monies shall be retained by the Department to help defray the expenses of enforcing the weight, length, width and height limitations set forth in this Article, and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the Department; and (2) where the violation occurred on any other public road one-half of such monies shall be retained by the Department for the aforesaid purposes, and the other half shall be transmitted by the Department, quarterly, to the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county.

"GA1978.1.1993">

(c) Any owner or operator of a vehicle which is operated on the public roads of this State in violation of the weight limitations provided in this Article, shall be required, in addition to paying the monies provided in subsection (a), to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle. (d) Any person authorized by law to enforce the provisions of this Article may seize the offending vehicle, of an owner who fails, or whose operator has failed to pay, the monies prescribed in subsection (a) and hold such vehicle until the prescribed monies are paid. Any person seizing such vehicle under this subsection, or subsection (c), may, when necessary, store said vehicle and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the State or any political subdivision because of damage to or loss of such load or any part thereof. Section 3. Said Code Title is further amended by striking Code Section 95A-962, relating to police powers of the Department of Transportation, as amended, in its entirety and inserting in lieu thereof a new Code Section 95A-962, to read as follows: 95A-962. Police powers of the Department of Transportation. (a) It shall be the duty of the Department of Transportation to enforce the provisions of this Article and the licensing and fuel tax registration requirements contained in Georgia Code of Public Transportation Section 95A-302(o). To carry out this duty, the Commissioner of Transportation is authorized to appoint enforcement officers, who shall have the power: (1) To enforce all laws, rules and regulations pertaining to the provisions of this Article and the licensing and fuel tax registration requirements contained in Georgia Code of Public Transportation Section 95A-302(o); (2) To prevent and detect acts which constitute civil or criminal violations of the laws, rules and regulations pertaining to the provisions of this Article and the licensing and fuel tax

"GA1978.1.1994">

registration requirements contained in Georgia Code of Public Transportation Section 95A-302(o); (3) To arrest without warrant any person charged with criminal offenses appertaining to the laws, rules and regulations pertaining to the provisions of this Article and the licensing and fuel tax registration requirements contained in Georgia Code of Public Transportation Section 95A-302(o); (4) To issue citations for civil damages to any person found violating the laws, rules and regulations pertaining to the weights of motor vehicles, tailers and loads. (b) The Commissioner of Transportation is authorized to appoint enforcement officers who shall have, in addition to any powers or duties created by any other law, the power: (1) To direct and control traffic on any public road which is part of the State Highway System but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (2) To enforce, on any public road which is part of the State Highway System, the provisions of Section 26-2611 of the Criminal Code of Georgia and to arrest any person found to be violating any provision of said Section; (3) To enforce, on any public road which is part of the State Highway System, the provisions of Section 26-2612 of the Criminal Code of Georgia and the provisions of Section 4 of the Litter Control Law, and to arrest any person found to be violating any provision of said Sections; (4) To enforce, on any public road which is part of the State Highway System, the provisions of Section 26-2613 of the Criminal Code of Georgia and to arrest any person found to be violating any provision of said Section; (5) To enforce any State law when ordered to do so by the Governor, or protect any life or property when the circumstances demand action.

"GA1978.1.1995">

(c) Each person designated by the Commissioner of Transportation as an enforcement officer shall take oath before an officer duly authorized to administer oaths. For each such person the Department shall secure a bond of not less than $5,000 from a surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Commissioner of Transportation and his successors in office. Section 4. Said Code Title is further amended by striking Code Section 95A-1101, which provides that it shall be a misdemeanor to violate provisions of Code Title 95A, in its entirety and inserting in lieu thereof a new Code Section 95A-1101, to read as follows. 95A-1101. Misdemeanor to violate provisions of Title; disbursements of funds; bond. (a) Violations. Whoever violates any of the provisions of this Title for which no specific penalty is provided, whether or not such act or omission is expressly declared elsewhere in this Title to be unlawful, or any of the rules and regulations issued under authority of and in accord with the provisions of this Title, upon conviction shall be punished as for a misdemeanor: Provided, that a violation of Sections 95A-959 and 95A-960 shall not be considered a crime. In addition, the Department shall have the right to enjoin any act or omission so punishable as a misdemeanor or punished otherwise as provided elsewhere in this Title. (b) Disbursement of funds. One-half of all fines and forfeitures collected for criminal violations cited by the Department's enforcement officers under authority of Code Sections 95A-962 and 95A-963 and any rules and regulations pertaining thereto, shall be transmitted to the Treasurer of the Department and, any provision of Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding, shall be retained by the Department to help defray the expenses of enforcing the provisions of this Title and to be used for highway maintenance purposes in addition to any sums appropriated to the Department for that purpose. The amount to be transmitted to the Department shall be determined after deduction from the total fine or forfeiture of the amounts due the Peace Officer's Annuity and Benefit Fund of Georgia and the Sheriffs' Retirement Fund of Georgia. The remaining one-half of such money shall be paid by the Clerk of the Court

"GA1978.1.1996">

into the fine and forfeiture fund of the County Treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures. (c) Bonds. Any other laws of this State to the contrary notwithstanding, any person arrested by an officer charged with enforcement of the provisions of this Title limiting the dimensions of vehicles and loads, or either of them, operating on the public roads of this State, upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration, may, upon agreement with the arresting officer, deposit his driver's license with the arresting officer in lieu of bail, entering into a recognizance for his appearance for trial as set out in the aforesaid summons, or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for the driver's license so deposited shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this State during the pendency of the case in which the license was deposited, unless his license is otherwise revoked, suspended or cancelled: Provided, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of the license as bail the officer may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons. The court in which the charge is lodged shall immediately forward to the Department of Public Safety of the State of Georgia the license which was deposited in lieu of bail if the driver fails to appear and answer to the charge against him. The Commissioner of Public Safety shall, upon receipt of a license so forwarded by the court, suspend the driver's license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated. A valid license from a foreign state may be accepted for purposes of this subsection if there exists an agreement for that purpose between the Commissioner of Public Safety and such foreign state.

"GA1978.1.1997">

Such foreign license shall be handled in accordance with those reasonable rules and regulations promulgated by the Commissioner of Public Safety for that purpose. Section 5. The provisions of this Act shall not, and shall not be construed to, modify, change, or diminish any power or duty held by any other law enforcement unit, enforcement officer or peace officer. 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 5, 1978. TEACHERS' RETIREMENT SYSTEM ACT AMENDEDCREDIT TOWARD RETIREMENT. No. 1399 (Senate Bill No. 455). AN ACT To amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 577), so as to authorize additional persons to establish certain credit toward retirement; to change the provisions relative to the credit certain persons may establish toward retirement; to provide for the payment of employer and employee contributions, plus interest, for the establishment of creditable service toward retirement; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.1998">

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. Laws 1943, p. 640), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 577), is hereby amended by deleting subsection (6) of Section 3 in its entirety, and inserting in lieu thereof a new subsection (6) of Section 3, which shall read as follows: (6) In accordance with the provisions of subsection (d) of Section 4 of an Act known as `The Act Creating the Public School Employees' Retirement System', approved April 30, 1969 (Ga. Laws 1969, p. 998), as now or hereafter amended, full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors and full-time public school warehouse managers or supervisors shall have the option of becoming members of the Retirement System created by this Act. Any such personnel exercising said option shall begin making the employee contributions required by this Act. Members previously eligible for membership in the Public School Employees' Retirement System whose duties were or have been changed in such a manner so as to have made them eligible for membership in the Retirement System created by this Act, and any such full-time public school lunchroom, maintenance or warehouse managers or supervisors electing to become members of the Retirement System created by this Act, shall be permitted to establish credit for service rendered in a public school system prior to the date such employees become or became members of the Retirement System created by this Act, provided such service would be or would have been normally allowable as creditable service under the Public School Employees' Retirement System. Provided, further, that such members must pay the employee contributions on the salary earned by such members during the years of service sought to be established, plus applicable accrued regular interest compounded annually to the dates of payment at such rate or rates adopted by the Board of Trustees, and such members or the local boards of education by which the members are employed at the time the service is established shall pay the employer contributions on the salary earned by such members that would have been paid to the Retirement System created by this Act, plus applicable accrued regular interest compounded annually to the dates of payment at such rate or rates adopted by the Board of Trustees. The State of Georgia shall be the employer of such full-time

"GA1978.1.1999">

public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors and full-time public school warehouse managers or supervisors for the purposes of employer contributions on membership service rendered by such members after they become members of the Retirement System created 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 April 5, 1978. GEORGIA SPECIAL ADULT OFFENDER ACT OF 1975 REPEALED. No. 1400 (Senate Bill No. 466). AN ACT To repeal an Act known as the Georgia Special Adult Offender Act of 1975, approved April 24, 1975 (Ga. Laws 1975, p. 1312), as amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1562), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 846); to provide 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. Laws 1975, p. 1312), as amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1562), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 846), is hereby repealed in its entirety.

"GA1978.1.2000">

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, 1978. EVIDENCEPRIVILEGED MATTERS. Code Section 38-1205 Amended. No. 1401 (Senate Bill No. 374). AN ACT To amend Code Section 38-1205, relating to privileged matters about which a party is not required to testify, so as to remove certain matters relating to postjudgment discovery from such privilege; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 38-1205, relating to privileged matters about which a party is not required to testify, is hereby amended by striking said Code Section in its entirety, which reads as follows: 38-1205. Privileged matters.No party shall be required to testify as to any matter which may criminate or tend to criminate himself, or which shall tend to work a forfeiture of his estate, or which shall tend to bring infamy or disgrace or public contempt upon himself or any member of his family., and substituting in lieu thereof a new Code Section 38-1205, to read as follows:

"GA1978.1.2001">

38-1205. Privileged matters.(a) No party shall be required to testify as to any matter which may criminate or tend to criminate himself or which shall tend to bring infamy or disgrace or public contempt upon himself or any member of his family. (b) Except in proceedings in which a judgment creditor or his successor in interest seeks postjudgment discovery involving a judgment debtor pursuant to Section 69 of the Georgia Civil Practice Act, as now or hereafter amended, no party shall be required to testify as to any matter which shall tend to work a forfeiture of his estate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved April 5, 1978. FAIR BUSINESS PRACTICES ACT OF 1975 AMENDEDHEALTH SPAS. No. 1402 (Senate Bill No. 393). AN ACT To amend an Act known as the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. Laws 1975, p. 376), as amended, so as to provide for the regulation of health spas; to define a certain term; to require certain contracts; to require certain other actions by health spa operators; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.

"GA1978.1.2002">

Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. Laws 1975, p. 376), as amended, is hereby amended by adding at the end of Section 2 a new subsection (i) to read as follows: (i) `Health spa' means an establishment which provides as one of its primary purposes services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting or exercise. The term includes an establishment designated as a `reducing salon', `health spa', `spa', `exercise gym', `health studio', `health club' or by other terms of similar import. Section 2. Said Act is further amended by adding immediately following paragraph (b)(11) of Section 3 the following: (12) Failing to comply with the following provisions concerning health spas: (A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which charges or obligates the customer for a period in excess of 36 months. Contracts shall be renewable at the end of each 36-month period of time, at the option of both parties to the contract. (B) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services. (C) The contract shall state clearly on its face the cancellation and refund policies of the seller. (D) The health spa member has the right to cancel the contract within three business days after the date of the signing of the contract by notifying the seller in writing of such intent

"GA1978.1.2003">

and by either mailing said notice by certified or registered mail to the seller or hand delivering said notice to the seller with return receipt before midnight of the third business day after the date of the contract. Said notice must be accompanied by the contract forms, membership cards and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the contract will be refunded and any evidence of indebtedness executed by the health spa member will be cancelled by the seller, provided that the member shall be liable for the fair market value of services actually received, which in no event shall exceed twenty-five dollars. The preparation of any documents shall not be construed to be services. (E) If a health spa member executed a contract and pays moneys before a spa facility is fully operational and available for use and if such spa facility is not fully operational and available for use within 60 days from the date of the contract, then such member shall have until three business days after the spa facility is fully operational and available for use to cancel the contract and receive a refund of any payments made the seller, provided that the buyer shall be liable for the fair market value of the services actually received, which in no event shall exceed twenty-five dollars. The preparation of documents shall not be construed to be services. Such notice must be in writing and either mailed by certified or registered mail to the seller or hand delivered to the seller with a return receipt within said period of time. Said notice must be accompanied by the contract forms, membership cards and any and all other documents and evidence of membership previously delivered to the buyer. (F) Every contract for health spa services shall contain a clause providing that if the member becomes totally and permanently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. Total and permanent disability shall mean such disability as would prevent the member from using any of the health spa facilities.

"GA1978.1.2004">

(G) The health spa contract should state that if a consumer has a history of heart disease, he should consult a physician before joining a spa. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. CRIMINAL JUSTICE PLANNING AND COORDINATION ACT OF 1978. No. 1403 (Senate Bill No. 399). AN ACT To enact the Criminal Justice Planning and Coordination Act of 1978; to provide for a short title; to create the State Crime Commission; to provide for the repeal of the Act and termination of the Commission upon termination of Federal funds; to provide that members shall be appointed by and serve at the pleasure of the Governor; to provide for a director and other staff personnel; to provide that the Commission shall serve as the State planning agency for certain Federal monies; to provide that the State Crime Commission be assigned to the Department of Community Affairs for administrative purposes only; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Criminal Justice Planning and Coordination Act of 1978. Section 2. (a) There is hereby established the State Crime Commission, which Commission shall exist for so long as the Congress of the United States continues to provide financial assistance to the several

"GA1978.1.2005">

states under the Omnibus Crime Control and Safe Streets Act of 1968, and the Juvenile Justice and Delinquency Prevention Act of 1974 as now or hereafter amended. (b) This Act shall be repealed and the Commission created hereunder shall stand abolished upon: (1) the termination of Federal financial assistance to the several states under the Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974 as now and hereafter amended, and (2) the completion of all required administration of all Federal funds received by this State under the above Federal Acts. Section 3. (a) The Commission shall consist of such members as the Governor shall appoint in accordance with the requirements of the Omnibus Crime Control and Safe Streets Act of 1968, and the Juvenile Justice and Delinquency Prevention Act of 1974 as now or hereafter amended. (b) All members shall serve at the pleasure of the Governor, and all vacancies shall be filled by the Governor. (c) No member shall be entitled to any compensation, but shall be reimbursed for actual expenses in accordance with the requirements of the applicable Federal and State provisions therefor. Section 4. (a) The Governor shall appoint a director of the State Crime Commission who shall serve at the pleasure of the Governor. (b) The Director may contract for such services as may be necessary and authorized in order to carry out the purposes of this Act, and may employ in accordance with the rules and regulations of the State Merit System such other professional, technical and clerical personnel as deemed necessary to carry out the purposes of this Act. Section 5. The State Crime Commission shall serve as the State planning agency pursuant to the Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974 as now or hereafter amended and other related Federal Acts, if any, and do those things that shall be necessary and

"GA1978.1.2006">

proper to allow this State to participate in Federal financial assistance provided under those Federal Acts. Section 6. The State Crime Commission is hereby assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Section 3 of the Executive Reorganization Act of 1972 (Ga. Laws 1972, p. 1015), as amended. It is specifically provided, however, that the Commission shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under the provisions of Code Chapter 40-4, known as the Budget Act, and a separate appropriation shall be provided for the Commission in the General Appropriations Act. Section 7. An Act relating to the Bureau of Community Affairs, approved March 24, 1976 (Ga. Laws 1976, p. 651), as amended, is hereby amended by repealing in its entirety Section 4, which provides that the Georgia State Crime Commission, established by Executive Order of the Governor in 1971, is assigned to the Bureau of Community Affairs for administrative purposes only. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. REVENUECOUNTY TAXES. Code Section 92-3701 Amended. No. 1404 (Senate Bill No. 416). AN ACT To amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 845), so as to provide

"GA1978.1.2007">

that county taxes may be levied and collected to provide financial assistance to joint county and 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. Code Section 92-3701, relating to the purposes for which counties may levy taxes, as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 845), is hereby amended by striking subsection 20 of said Code Section in its entirety and inserting in lieu thereof a new subsection 20 of Code Section 92-3701, to read as follows: 20. To provide financial assistance to county or joint county and municipal development authorities for the purpose of developing trade, commerce, industry and employment opportunities; provided, that the tax for such purpose shall not exceed one mill per dollar upon the assessed value of the taxable property in the county levying said 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 April 5, 1978.

"GA1978.1.2008">

MUNICIPALITIESTAXES. No. 1405 (Senate Bill No. 417). AN ACT To amend an Act authorizing municipal corporations to levy and collect taxes to provide financial assistance to their respective development authorities for the purpose of developing trade, commerce, industry and employment opportunities, approved March 30, 1977 (Ga. Laws 1977, p. 1034), so as to authorize every municipal corporation to levy and collect municipal taxes to provide financial assistance to a joint county and municipal development authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing municipal corporations to levy and collect taxes to provide financial assistance to their respective development authorities for the purpose of developing trade, commerce, industry and employment opportunities, approved March 30, 1977 (Ga. Laws 1977, p. 1034), 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. 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 financial assistance to its development authority or a joint county and municipal development authority for the purpose of developing trade, commerce, industry and employment opportunities; provided the tax for said purpose shall not exceed one 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 April 5, 1978.

"GA1978.1.2009">

HOSPITAL AUTHORITIESREMOVAL OF MEMBERS. Code Section 88-1804.1 Enacted. No. 1406 (Senate Bill No. 421). AN ACT To amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to provide for proceedings for removal of members of hospital authorities under certain circumstances; to provide legislative intent; to provide for petitions; to require hearings; to provide criteria for judicial determinations; to provide for certain court orders; to provide for the filling of vacancies; 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 88-18, relating to hospital authorities, as amended, is hereby amended by adding a new Section after Code Section 88-1804, to be designated Code Section 88-1804.1, to read as follows: 88-1804.1. Failure of Authority to maintain minimum operations; proceedings for declaration of vacancies on board; appointments to fill vacancies. (a) The General Assembly declares that it is the intent of this Chapter to provide a mechanism for the operation and maintenance of needed health care facilities in the several counties and municipalities of this State. It is the further intent of the General Assembly that, whenever an Authority ceases to perform the minimum functions required for the continued operation and maintenance of needed health care facilities in the county or municipality, a procedure be made available to recognize the failure of

"GA1978.1.2010">

the Authority to perform these minimum functions and to provide for the orderly and responsible reorganization of the Authority. (b) Whenever it appears that an Authority has ceased to perform the minimum functions required for the continued operation and maintenance of needed health care facilities in the county or municipality in which the Authority is authorized to function, a petition may be filed in the superior court in the county requesting that the members of the Authority be removed from office and that any vacancy created by a removal be filled as provided in Code Section 88-1803 for the initial appointment of members of an Authority. Each such petition shall be filed by one or more residents of the county in which the Authority is authorized to function, or by the county governing authority, and shall be supported by petition of a number of residents of the county equal to five percent or more of the number of electors registered to vote in the general election last held in the county. In the case of an Authority authorized to function solely within a municipality, the petition shall be filed by one or more residents of the municipality in which the Authority is authorized to function, or by the municipal governing authority, and shall be supported by petition of a number of residents of the municipality equal to five percent or more of the number of electors registered to vote in the general election last held in the municipality. (c) Upon the filing of any petition as provided in subsection (b), the judge of the superior court shall set a hearing to inquire into the merits of the petition not sooner than 10 days nor later than 30 days from the date of filing of the petition. The hearing may be continued in the discretion of the judge on motion of any party. (d) At each hearing held as provided in subsection (c) the judge, sitting without a jury, shall inquire into, and determine, the question as to whether the Authority has ceased to perform the minimum functions required for the continued operation and maintenance of needed health care facilities in the county or municipality. In making his determination the judge shall consider, but shall not be limited by, whether the Authority has: (1) Failed to establish and enforce rates and charges as provided in Code Section 88-1806.

"GA1978.1.2011">

(2) Failed to take any reasonable action when the failure has the effect of jeopardizing repayment of principal or interest, when due, on revenue anticipation certificates issued by the Authority. (3) Failed to take any reasonable action when the failure has the effect of breaching a contract providing for continued maintenance and use of the Authority's facilities and entered into with a county or municipality as provided in Code Section 88-1813. (4) Failed to make plans for unmet needs of the community as authorized by Code Section 88-1805 (t). (5) Failed to make and file its annual report as provided in Code Section 88-1818. (6) Failed to adopt an annual budget as provided in Code Section 88-1818. (7) Failed to conduct the annual audit as provided in Code Section 88-1821. (8) Failed to report or publish the annual audit as provided in Code Section 88-1822. (9) Failed to hold at least one meeting in the preceding calendar quarter. (10) Failed to take any other action required pursuant to this Chapter. (e) After giving all parties an opportunity to be heard, the judge shall determine, based on the evidence presented, whether the clear and convincing weight of the evidence is that the Authority has ceased to perform the minimum functions required for the continued operation and maintenance of needed health care facilities in the county or municipality. In the event the judge so decides, he shall order the immediate removal from office of the members of the Authority, except that no member shall be removed who demonstrates to the satisfaction of the judge his good faith attempt to fulfill his duties as a member of the Authority. In the event the court denies the petition, the petition shall be dismissed.

"GA1978.1.2012">

(f) Vacancies created as provided in this Section shall be filled in the same manner as provided in Code Section 88-1803 for the initial appointment of members of an Authority. Vacancies created by the expiration of the term, or the resignation or disability, of a member appointed pursuant to this Section shall be filled as provided in Section 88-1803 for the filling of vacancies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. ACT PROVIDING FOR REVIEW, ETC. OF REGULATORY AGENCIES AMENDED. No. 1407 (Senate Bill No. 458). AN ACT To amend an Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), so as to provide for joint hearings; to provide for legislation to continue or reestablish a regulatory agency; to change the provisions relative to reports; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), is hereby amended by striking subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows:

"GA1978.1.2013">

(a) The President of the Senate and the Speaker of the House of Representatives shall assign each of the regulatory agencies to a standing committee of their respective Houses for the purpose of review. Prior to termination, continuation or reestablishment of any regulatory agency, the Senate and House committees to which a particular agency is assigned shall conduct a joint public hearing or hearings for the purpose of receiving 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 agency. At any such hearing, the agency shall have the burden of demonstrating a public need for its continued existence. 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. Performance Audit. The State Auditor shall conduct a performance audit of each regulatory agency scheduled for termination as provided in this Act. The performance audit shall be completed by the first day of October immediately preceding the date established for termination of the regulatory agency. A copy of each such audit shall be submitted to each member of the Senate and House committees to which the particular agency has been assigned for review, to the presiding officers of the Senate and the House of Representatives, to the Governor, to the Attorney General and to the Legislative Counsel. Section 3. Said Act is further amended by adding after the word bill in Section 6 (a)(2) the words or resolution, so that when so amended Section 6 (a)(2) shall read as follows: (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 or resolution shall be prepared for each regulatory agency continued or reestablished. Section 4. Said Act is further amended by striking subsection (b) of Section 6 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows:

"GA1978.1.2014">

(b) The Senate and House Committees to which a regulatory agency has been assigned for review shall issue reports of their findings and recommendations to the Governor, to the regulatory agency involved and to each member of the General Assembly. Such reports may be issued separately by the reviewing committees or jointly when a majority of the members of each reviewing committee are in agreement as to the recommendations and findings. Such reports shall contain copies of any legislation which must be enacted in order to fulfill the requirements of this Section. 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 5, 1978. MUSIC RECORDING INDUSTRY ADVISORY COMMITTEE. No. 1408 (Senate Bill No. 460). AN ACT To create the Music Recording Industry Advisory Committee within the Department of Industry and Trade; to provide for the composition and appointment of the Committee; to provide for reimbursement of necessary expenses of the members; to provide functions of the Committee; to authorize the Department of Industry and Trade to employ personnel to promote and facilitate the location in this State of the music recording industry; to provide an effective date and automatic repeal of the Act; to repeal conflicting laws; and for other purposes.

"GA1978.1.2015">

Be it enacted by the General Assembly of Georgia: Section 1 . Music Recording Industry Advisory Committee Created. There is hereby created within the Department of Industry and Trade the Music Recording Industry Advisory Committee. The Committee shall consist of 15 members. Five members shall be appointed by the Governor, five members shall be appointed by the President of the Senate, and five members shall be appointed by the Speaker of the House of Representatives. The members shall serve at the pleasure of the appointing officer. Vacancies on the Committee shall be filled as provided for the initial appointment. Section 2 . Compensation. Members of the Committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. Section 3 . Functions of Committee. The Committee shall advise and assist the Department of Industry and Trade in the promotion and facilitation of the location in this State of all segments of the music recording industry. Section 4 . Department of Industry and Trade; Powers and Duties. The Director of the Department of Industry and Trade may employ personnel who shall possess such training and expertise as will enable them to effectively administer and accomplish the purposes of promoting and facilitating the location in this State of all segments of the music recording industry. Section 5 . Effective Date. This Act shall become effective July 1, 1978, and shall stand repealed as of December 31, 1980. Section 6 . Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.2016">

INSURANCEUNFAIR TRADE PRACTICES. Code Sections 56-704, 56-705 Amended. No. 1409 (Senate Bill No. 467). AN ACT To amend Code Section 56-704 and Code Section 56-705, defining unfair methods of competition and unfair or deceptive acts or practices and defining powers of the Commissioner, so as to include in the definition of unfair discrimination certain discrimination relating to property insurance; to provide for additional powers of the Insurance Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 56-704, defining unfair methods of competition and unfair or deceptive acts or practices, is hereby amended by adding after subparagraph (b) of subsection (7) the following: (c) Making or permitting any unfair discrimination in the issuance, renewal, or cancellation of any policy or contract of insurance against direct loss to residential property and the contents thereof, or in the amount of premium, policy fees, or rates charged for such policies or contracts when such discrimination is based solely upon the age or geographical location of such property within a rated fire district without regard to objective loss experience relating thereto. Section 2 . Code Section 56-705, defining powers of the Commissioner relative to unfair trade practices, is hereby amended by adding at the end of said Section the following: In addition to any other authority granted to the Commissioner by this Title and in addition to those reports required by Code Section 56-319, the Commissioner may require persons engaged in the business of insurance in this State to file reports by postal ZIP Code, where appropriate, or in any other format to enable the Commissioner to readily determine if such person has been or is engaged in

"GA1978.1.2017">

any unfair method of competition or in any unfair or deceptive act or practice prohibited by this Chapter. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. INSURANCENOTIFICATION OF CANCELLATION, ETC. Code Section 56-2430.3 Enacted. No. 1410 (Senate Bill No. 468). AN ACT To amend Code Chapter 56-24, relating to the insurance contract in general, so as to require notice prior to cancellation or nonrenewal of certain standard fire policies; to provide definitions; to provide for notification prior to certain actions by insurers; to provide additional authority for the Insurance Commissioner relative to cancellations and nonrenewals by insurers; to provide immunity from liability; to provide for all 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 56-24, relating to the insurance contract in general, is hereby amended by adding immediately following Code Section 56-2430.2 a new Code Section, to read as follows: 56-2430.3. Notification of cancellation and nonrenewal.(a) The provisions of this Section shall apply only to policies of insurance against direct loss to residential real property, and the contents thereof, as defined and limited in standard fire policies insuring natural persons as the named insured.

"GA1978.1.2018">

(b) As used in this Section: (1) `Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy, or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term, or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Section. Provided further, that for the purposes of this Section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a failure to renew. (2) `Policies' means a policy insuring a natural person as named insured against direct loss to residential real property, and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner. (3) `Nonrenewal' or `nonrenewed' means failure or refusal by an insurer to renew. (c) Cancellation by an insurer of a policy shall not be effective unless notice is provided to the insured as required by Code Section 56-2430. (d) Nonrenewal shall not be effective unless written notice is provided to the insured stating the date the nonrenewal will be effective, which effective date shall be not less than thirty days after the date of notice, except with respect to policies insuring industrial and commercial concerns, in which case such effective date shall not be less than fifteen days after the date of notice, and except with respect to the nonpayment of premium for the expiring policy or the

"GA1978.1.2019">

failure of the insured to pay the premium as required by the insurer for renewal, in either of which case such effective date shall not be less than ten days after the date of notice. (e) The notice required under subsections (c) and (d) of this Section shall be delivered in person or by depositing such notice in the United States mails to be dispatched by at least first class mail to the last address of record of the insured and receiving therefor the receipt provided by the United States Postal Service. (f) The notice referred to or required under subsections (c) and (d) of this Section shall contain a statement, mailed or delivered to the insured not more than sixty days from the effective date of the cancellation or nonrenewal. The insurer will specify the reason or reasons for such cancellation or nonrenewal, which reason shall be in language sufficiently clear and specific so that a person of average intelligence can identify the basis for the insurer's decision without further inquiry. Such notice may be accompanied by a tender of any unearned premium paid by the insured calculated on a pro rata basis, but if not accompanying such notice, such tender shall be made no later than 30 days after such notice is delivered in person or mailed, unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable. (g) When a policy is cancelled, other than for nonpayment of premium, or in the event of a failure to renew or continue a policy, the insurer shall notify the named insured of his possible eligibility for insurance through the Georgia Fair Plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew, or not to continue the policy, and shall state that such notice availability of the Georgia Fair Plan is given pursuant to this Section. Included in such notice shall be the address by which the Georgia Fair Plan might be contacted in order to determine eligibility. (h) There shall be no liability on the part of and no cause of action of any nature shall arise against the Comptroller General or his employees, or against any insurer, its authorized representatives, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by any of them and any written notice of cancellation or nonrenewal, or in any other communication,

"GA1978.1.2020">

oral or written specifying the reasons for cancellation or nonrenewal, or the providing of information pertaining thereto, or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith. Section 2. This Act shall become effective January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. CRIMESBAD CHECKS, PRESENT CONSIDERATION DEFINED. Code Section 26-1704 Amended. No. 1411 (Senate Bill No. 484). AN ACT To amend Code Section 26-1704, relating to bad checks, as amended, so as to more clearly define the term present consideration; 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, as amended, is hereby amended by adding at the end thereof a new subsection to be designated subsection (f) to read as follows: (f) For purposes of this Code Section, `present consideration' shall include without limitation an obligation or debt of rent which is past due or presently due.

"GA1978.1.2021">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. HIGHER EDUCATION ASSISTANCE ACT FOR SENIOR CITIZENS. No. 1412 (Senate Bill No. 505). AN ACT To provide for a program for elderly citizens of this State to attend units of the University System of Georgia without payment of fees with certain exceptions; to provide for a short title; to provide for other matters relative to the foregoing; to provide conditions for the effectiveness of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Higher Education Assistance Act for Senior Citizens. Section 2. Higher Education Program for Senior Citizens. The Board of Regents of the University System of Georgia is hereby authorized and directed to establish a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Act shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules

"GA1978.1.2022">

and regulations, not inconsistent with this Act, to carry out the provisions of this Act. Section 3. Continuation of Existing Program. The program for senior citizens provided for by Section 2 shall be a continuation, without interruption, of the program for elderly citizens heretofore established by the Board of Regents pursuant to the requirements of Article VIII, Section IV, Paragraph II of the Constitution of the State of Georgia of 1976, as the same existed prior to January 1, 1979. Such heretofore established program is hereby ratified, confirmed and continued without the necessity of the reestablishment of such program by the Board of Regents. Section 4. Condition for Effectiveness. This Act shall become effective only if an amendment to the Constitution completely revising Article X thereof and changing other provisions of the Constitution in connection therewith is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. If said amendment is not so ratified, this Act shall be null, void and of no force and effect. Section 5. Conflicting Laws Repealed. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.2023">

INSURANCEPRODUCTS LIABILITY CARRIERS. Code Section 56-319.1 Enacted. No. 1413 (Senate Bill No. 513). AN ACT To amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, so as to require certain insurers and self-insurers providing product liability insurance to make certain annual reports concerning product liability insurance experience; 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. Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, is hereby amended by adding a new Code Section after Code Section 56-319, to be designated Code Section 56-319.1, to read as follows: 56-319.1. Insurers providing product liability insurance or other lines of insurance in this State; reports required. On or before March 1 of each year commencing in 1979 or at such other dates as the Commissioner may require, each insurer authorized to transact product liability insurance or to provide excess insurance above self-insured retention to one or more manufacturers, wholesalers, distributors or retailers or to transact other lines of insurance in this State shall provide the Commissioner with such reports of its affairs and operations regarding insurance covering insured persons, resident or located in this State, for the last preceding calendar year ending on December 31 or for other periods of time as the Commissioner may require. These reports shall be made in such form and shall contain such information as the Commissioner may by regulation or by order from time to time prescribe which as to product liability insurers may include but shall not be required to be limited to the following information: (1) The total number of product liability claims, broken down by:

"GA1978.1.2024">

(A) The type or category of claims; and (B) Whether the claims were: (i) Reported during a prior period and closed during the reporting period. (ii) Reported and closed during the reporting period. (iii) Reported and not closed during the reporting period. (2) The total amount paid in settlement or discharge of the claims for each type or category of claims. (3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding year; provided however that the information on reserves shall be required to be maintained by the Insurance Commissioner in confidence except that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon request. (4) The total amount of premiums received from insured persons, resident or located in this State, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (5) The total number of insured persons, resident or located in this State, for which such product liability insurance has been provided which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (6) The total number of insured persons, resident or located in this State, whose product liability insurance coverage the insurer cancelled or refused to renew and the reasons therefor which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (7) The total number of insured persons, resident or located in this State, who failed to renew their product liability insurance policies during the reporting period which information must be classified

"GA1978.1.2025">

separately with respect to manufacturers, wholesalers or distributors, and retailers. 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, 1978. INSURANCEBROKER'S QUARTERLY AFFIDAVIT. Code Section 56-615 Amended. No. 1414 (Senate Bill No. 514). AN ACT To amend Code Section 56-615, relating to surplus line broker quarterly affidavits, so as to require additional information pertaining to product liability coverage; 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. Code Section 56-615, relating to surplus line broker quarterly affidavits, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 56-615 to read as follows: 56-615. Broker's quarterly affidavit. (a) Each surplus line broker shall file with the Commissioner, on a quarterly basis, an affidavit, executed by the surplus line broker, setting forth the facts referred to in Section 56-614. Such affidavit shall furnish certificate

"GA1978.1.2026">

or cover note number, name of insured, the amount of the premium, the tax paid thereon, and such other information as the Commissioner may require, for all surplus lines transactions in which premiums were paid or were due and payable during the previous quarter. Such quarterly affidavit shall be filed with the Commissioner on or before the 15th day of April, July, October and January. Each surplus line broker shall remit a 4 percent tax on direct premiums written, as defined in Section 56-623. Such tax shall be remitted with the surplus line broker's quarterly affidavit. (b) In addition to that information required on the quarterly affidavit, each surplus line broker shall provide the Commissioner with such reports of its affairs and operations regarding insurance covering insured persons, resident or located in this State, for the last preceding calendar year ending on December 31 or for other periods of time as the Commissioner may require. These reports shall be made in such form and shall contain such information as the Commissioner may by regulation or by order from time to time prescribe which as to product liability insurers may include but shall not be required to be limited to the following information: (1) The total number of product liability claims, broken down by: (A) The type or category of claims; and (B) Whether the claims were: (i) Reported during a prior period and closed during the reporting period. (ii) Reported and closed during the reporting period. (iii) Reported and not closed during the reporting period. (2) The total amount paid in settlement or discharge of the claims for each type or category of claims. (3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding

"GA1978.1.2027">

year; provided however that the information on reserves shall be required to be maintained by the Insurance Commissioner in confidence except that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon request. (4) The total amount of premiums received from insured persons, resident or located in this State, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (5) The total number of insured persons, resident or located in this State, for which such product liability insurance has been provided which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (6) The total number of insured persons, resident or located in this State, whose product liability insurance coverage the insurer, with which the surplus line broker placed the coverage, cancelled or refused to renew and the reasons therefor which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (7) The total number of insured persons, resident or located in this State, who failed to renew their product liability insurance policies during the reporting period which information must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. Section 2. This Act shall become effective March 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.2028">

PROSECUTING ATTORNEYS' COUNCIL OF THE STATE OF GEORGIATRAINING COURSES. No. 1415 (Senate Bill No. 515). AN ACT To amend an Act creating the Prosecuting Attorneys' Council of the State of Georgia, approved April 28, 1975 (Ga. Laws 1975, p. 1623), so as to authorize the said Council to conduct or approve for credit or reimbursement certain training courses for certain prosecuting attorneys and their staffs; to authorize certain prosecuting attorneys and members of their staffs to receive said reimbursement under certain circumstances; to authorize the Council to adopt rules necessary to carry out 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 creating the Prosecuting Attorneys' Council of the State of Georgia, approved April 28, 1975 (Ga. Laws 1975, p. 1623), is hereby amended by adding after Section 2, a new Section 2A, to read as follows: Section 2A. The Council shall be authorized to conduct or approve, for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the district attorneys, solicitors, and other prosecuting attorneys of this State and the members of the staffs of such officials. The Council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any district attorney, solicitor, or other prosecuting attorney of this State, or any member of the staffs of such officials, in attending any such approved course or training program from such funds as may be appropriated or otherwise made available to the Council. Notwithstanding any other provision of law, said officials and members of their staffs shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs provided that no person shall be entitled to claim reimbursement under the provisions of this Section and Section 24-2905.1 of the Code of Georgia. The Council shall adopt such rules governing the approval of courses and

"GA1978.1.2029">

training programs for credit or reimbursement as may be necessary to properly administer the provisions 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 April 5, 1978. COUNTIESCONTRACTORS TO GIVE BOND. Code Section 23-1704 Amended. No. 1416 (Senate Bill No. 519). AN ACT To amend Code Section 23-1704, relating to bonds required of contractors contracting with counties, as amended, so as to change the bond requirement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 23-1704, relating to bonds required of contractors contracting with counties, as amended, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 23-1704, to read as follows: 23-1704. Contractors to give bond. Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract, and to indemnify the county for any damages occasioned by a failure to perform the same within

"GA1978.1.2030">

the prescribed time. It shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work, unless the provisions of the three preceding Sections are complied with; and any contractor doing, or having done, any work of the kind in any other manner shall not be entitled to receive any pay therefor: Provided, that the requirements of these Sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than $1,500, but such officer may have such work of building or repairing done by hiring hands and furnishing materials: Provided, further, that in any county having a public works camp the county commissioners of such county, or other persons having charge of such works, shall have the power and authority to purchase material for, and use the convicts in, building or repairing any public building, bridge, causeway, or other public works in such county, and in such cases Sections 23-1701 to 23-1703 shall not apply: Provided, further, in the event the labor used, or to be used, in building or repairing any public building, bridge, causeway, or other public works in any county is furnished, at no expense, to the county by the State or Federal Government, or any agency thereof, the county commissioner or commissioners, or other persons having charge of such works, shall have the power and authority to purchase material for and use the labor furnished free to the county, as aforesaid, and in such case said Sections 23-1701 to 23-1703 shall not apply. Where such material is purchased and such work done with the convicts, or labor so furnished as aforesaid, the county authorities of such county may use the funds of said county arising from taxes levied for such purposes in purchasing said materials and in supporting and maintaining the convicts while said work is being done. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.2031">

GEORGIA HEALTH CODE AMENDEDPOWERS OF COUNTY BOARDS OF HEALTH. Code Chapter 88-2 Amended. No. 1417 (Senate Bill No. 522). AN ACT To amend Code Chapter 88-2, relating to county boards of health, so as to permit county boards of health and health districts to contract with certain agencies, institutions, and political subdivisions; to provide for the appointment of directors of health districts; to authorize contracts for multicounty services; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-2, relating to county boards of health, is hereby amended by striking in its entirety subsection (g) of Code Section 88-204, relating to powers of county boards of health, and substituting in lieu thereof a new subsection (g) to read as follows: (g) contract with the Department of Human Resources or other agencies for assistance in the performance of its functions and the exercise of its powers, and for supplying services which are within its purview to perform, provided such contracts and amendments thereto shall have first been approved by the Department of Human Resources. In entering into any contracts to perform its functions and to exercise its powers, and for supplying services which are within its purview to perform, any county board of health or health district created under the authority of Code Section 88-215 shall be considered an agency and such agency shall have the authority to contract with any: other county board of health; combination of county boards of health; health district; public or private hospitals; hospital authorities; medical schools; training and educational institutions; departments and agencies of the State; county or municipal governments; persons, partnerships, corporations, and associations, public or private; the United States Government or the government of any other state; or any other legal entity.

"GA1978.1.2032">

Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 88-215, relating to health districts, and substituting in lieu thereof a new Code Section 88-215 to read as follows: 88-215. Health districts. The Department of Human Resources is authorized, with the consent of the boards of health and the county authorities of the counties involved, to establish health districts comprised of one or more counties. The county boards of health of the constituent counties shall, at the call of the Commissioner of the Department of Human Resources, meet in joint session to approve the selection of a director appointed by the Commissioner to serve said boards in common. A county board of health is authorized to appoint one of its members to represent said board at a joint meeting for this purpose. Said director shall be a physician licensed to practice medicine under the Georgia Medical Practice Act (Georgia Code Chapter 84-9) and who otherwise meets the requirements of the State Merit System of Personnel Administration. Such district director shall have the same powers, duties, and responsibility as a director serving a single county board of health. To further the purposes of this Section, county boards of health may contract with each other for the provision of multicounty services and also exercise any additional powers as authorized by Code Section 88-204 (g) and in the performance of such contracts a county board of health may utilize its employees in other counties. 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.

"GA1978.1.2033">

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. CRIMINAL PROCEDUREREWARD FOR ARREST, ETC. OF FELONS. Code Section 27-101 Amended. No. 1418 (Senate Bill No. 526). AN ACT To amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, as amended, so as to increase the reward which may be offered by the Governor in capital felonies; 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 27-101, relating to rewards offered by the Governor for the arrest of felons, as amended, is hereby amended by striking from the first sentence thereof the figure 1,000 and inserting in lieu thereof the figure 10,000, so that when so amended Code Section 27-101 shall read as follows: 27-101. Governor may offer rewards for arrest of felons. The Governor shall, in his discretion, offer, and cause to be paid, rewards for the detection or apprehension of the perpetrator of any felony committed within this State, such reward not to exceed the sum of $250 in case of felonies not capital, and not to exceed the sum of $10,000 in capital felonies; but no such reward shall be paid to any officer who shall arrest such person in the regular discharge of his duty, by virtue of process in his hands to be executed, nor to any person who has arrested the offender previously to the publication of the reward. Whenever the Governor receives reliable information that any gin house has been unlawfully burned or set

"GA1978.1.2034">

on fire, he shall offer a reward of not less than $250, nor more than $500, for the apprehension of the incendiary with proof sufficient to convict, and in no event shall the reward be paid until after the conviction of the offender. The Governor shall, at his discretion, offer, and cause to be paid, rewards for the detection or apprehension of cattle thieves stealing cattle within this State; such reward shall not exceed the sum offered by the Georgia Livestock Association or the Georgia Cattlemen's Association and in no event shall such sum exceed $500; said reward for cattle thieves shall not be paid until after the conviction of the offender or offenders. 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, 1978. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDALLOTMENT OF ELEMENTARY INSTRUCTIONAL SPECIALISTS. No. 1419 (Senate Bill No. 529). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539), so as to change the provisions relating to the allotment of elementary instructional specialists and the amount of funds needed for payment of salaries of such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.2035">

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. Laws 1974, p. 1045), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539), is hereby amended by striking from Section 12, the following: art, music, and physical education, and inserting in lieu thereof the following: the arts, music and physical education, so that when so amended Section 12 shall read as follows: Section 12. Allotment of Elementary Instructional Specialists: Amount of Funds Needed for Payment of Salaries of Such Personnel. Annually, the State Board of Education shall allot elementary instructional specialists to local units of administration on the basis of one elementary instructional specialist per 15 instructional units in grades 1-7. The purpose of these elementary instructional specialists shall be to meet the special instructional needs of students in the arts, music and physical education; provided, however, that during the fiscal year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of instructional specialists actually employed by the local unit. The amount of funds needed by a local unit to pay salaries of elementary instructional specialists shall be determined on a 10-month basis in accordance with the State minimum salary schedule provided for in Section 56. Section 2. Any funds appropriated in fiscal year beginning July 1, 1978 and ending June 30, 1979, by increased maintenance and operations funds contained in the Appropriations Act for said fiscal year, which contains language to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia Act, shall not be affected by this language change in Section 1 above. Section 3. This Act shall become effective on July 1, 1979.

"GA1978.1.2036">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. INSURANCEGROUP ACCIDENT AND SICKNESS INSURANCE, PREEXISTING CONDITIONS. No. 1420 (Senate Bill No. 530). AN ACT To amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no group accident and sickness insurance policy, other than a policy of credit accident and sickness insurance and other than qualified self-insurers, shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or condition for a period in excess of twelve months following the date of the issuance of a certificate of insurance covering a person insured under a group policy; to provide for application to policies issued by hospital service nonprofit corporations and nonprofit medical service corporations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, is hereby amended by adding at the end thereof a new Code Section 56-3112, to read as follows: 56-3112. Group accident and sickness insurance; preexisting conditions. (a) No group accident and sickness insurance policy, other than policies of credit accident and sickness insurance and other than qualified self-insurers, shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or

"GA1978.1.2037">

condition not otherwise excluded from the group policy for a period in excess of twelve months following the date of the issuance of the certificate covering the insured person. (b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDCOORDINATION WITH OTHER STATE AGENCIES. No. 1422 (Senate Bill No. 554). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide for representation of the Department of Offender Rehabilitation on a Coordinating Committee for Exceptional Individuals; to provide for quarterly reports to the Governor; to provide for matters related 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by striking in its entirety Section 72 of said Act, which reads as follows:

"GA1978.1.2038">

Section 72. Coordination with other State Agencies. The State Board of Education shall be empowered to form in conjunction with other State agencies certain coordinating boards as needed to ensure the provision of a comprehensive educational program for the students of Georgia. The State Board of Education and the Georgia Board of Human Resources shall hereby establish a Coordinating Committee for Exceptional Individuals and Preschool Programs not later than July 1, 1974. The Committee shall meet at least once every quarter and consist of no less than three members from each of the departments operated under the two boards, including at least one individual at one of the top two levels of management., and substituting in lieu thereof a new Section 72 to read as follows: Section 72. Coordination with other State agencies. The State Board of Education shall be empowered to form in conjunction with other State agencies certain comprehensive boards as needed to ensure the provision of a comprehensive educational program for the students of Georgia. The Board of Human Resources, the State Board of Education, and the State Board of Offender Rehabilitation shall establish a Coordinating Committee for Exceptional Individuals not later than July 1, 1978. The Committee shall meet at least once every quarter and report quarterly to the Governor of issues addressed and progress which results. The Committee shall be comprised of no less than three members from each of the departments operated under the three boards, including at least one individual at one of the top two levels of management. 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, 1978.

"GA1978.1.2039">

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDCLASSROOM AIDES. No. 1423 (Senate Bill No. 555). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide for the employment of classroom aides and paraprofessionals; to provide for the authority of in loco parentis for such classroom aides and paraprofessionals under certain conditions; to provide for all matters related 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 Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by adding a new Section between Section 24 and 25 to be designated Section 24A and to read as follows: Section 24A. Classroom aides and paraprofessionals.The State Board of Education shall provide funds to local units of administration for the purpose of employing classroom aides and paraprofessionals to assist classroom teachers in the instruction of assigned students. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of `in loco parentis', except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the State Board to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certified professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians,

"GA1978.1.2040">

planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. 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. The State Board of Education shall also provide funds to the local Boards of Education for the fringe benefits and allowances as a result of the employment of these aides and paraprofessionals. 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, 1978. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDCOMMUNITY EDUCATION ACTIVITIES. No. 1424 (Senate Bill No. 557). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide local units of administration with the authority to utilize adult education personnel to manage community education activities; to provide for matters relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.2041">

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. Laws 1974, p. 1045), as amended, is hereby amended by designating subsection (b) of Section 8 as subsection (c) and by inserting a new subsection between subsection (a) and subsection (c) to be designated as subsection (b) to read as follows: (b) Except where prohibited by federal law, rules or regulations, local units of administration shall be authorized to utilize personnel funded under this Section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education. 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, 1978. STONE MOUNTAIN MEMORIAL ASSOCIATION ACTBOARD MEMBERS. No. 1425 (Senate Bill No. 563). AN ACT To amend an Act known as the Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. Laws 1958, p. 61), as amended by an Act approved March 17, 1959 (Ga. Laws 1959, p. 333), an Act approved March 10, 1964 (Ga. Laws 1964, p. 357), an Act approved April 18, 1967 (Ga. Laws 1967, p. 794), and an Act approved April 6, 1972 (Ga. Laws 1972, p. 1015), so as to

"GA1978.1.2042">

change the composition of the Board; to provide terms; to provide for the filling of vacancies; to provide for selection of a chairman; 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. An Act known as the Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. Laws 1958, p. 61), as amended by an Act approved March 17, 1959 (Ga. Laws 1959, p. 333), an Act approved March 10, 1964 (Ga. Laws 1964, p. 357), an Act approved April 18, 1967 (Ga. Laws 1967, p. 794), and an Act approved April 6, 1972 (Ga. Laws 1972, p. 1015), is hereby amended by striking in its entirety subsection (a) of Section 4 thereof and substituting in lieu thereof a new subsection (a) of Section 4 to read as follows: (a) The association shall be composed of the Secretary of State, the Lieutenant Governor, the Commissioner of the Department of Industry and Trade, and four members, one of whom shall be a resident of the metropolitan Atlanta area, to be appointed by the Governor. The members appointed by the Governor shall be appointed for a term of four years and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this Act shall be appointed for an initial term of three years and until the appointment and qualification of his successor and except that the members of the association appointed by the Governor and in office on the effective date of this Act shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term. Section 2. Said Act is further amended by inserting between the first and second sentences of subsection (c) of Section 4 thereof a new sentence to read as follows: The chairman shall be elected from among the members appointed by the Governor.,

"GA1978.1.2043">

so that when so amended subsection (c) of Section 4 shall read as follows: (c) The association shall elect one of its members as chairman and another as vice-chairman. The chairman shall be elected from among the members appointed by the Governor. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. JEKYLL ISLAND-STATE PARK AUTHORITYMEMBERSHIP. No. 1426 (Senate Bill No. 564). AN ACT To amend an Act known as the Jekyll Island-State Park Authority Act, approved February 13, 1950 (Ga. Laws 1950, p. 152), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 782), an Act approved February 15, 1952 (Ga. Laws 1952, p. 276), an Act approved February 27, 1953 (Ga. Laws 1953, p. 261), an Act approved March 15, 1957 (Ga. Laws 1957, p. 608), an Act approved February 10, 1960 (Ga. Laws 1960, p. 891), an Act approved April 9, 1963 (Ga. Laws 1963, p. 391), an Act approved February 18, 1964 (Ga. Laws 1964, p. 100), an Act approved April 5, 1971 (Ga. Laws 1971, p. 452), and an Act approved April 7, 1976 (Ga. Laws 1976, p. 1560), so as to change the composition of the Authority; to provide for initial and regular terms of office of certain members of the Authority; to provide for a delineation of authority; to provide for the appointment of an Executive Director; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

"GA1978.1.2044">

Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Jekyll Island-State Park Authority Act, approved February 13, 1950 (Ga. Laws 1950, p. 152), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 782), an Act approved February 15, 1952 (Ga. Laws 1952, p. 276), an Act approved February 27, 1953 (Ga. Laws 1953, p. 261), an Act approved March 15, 1957 (Ga. Laws 1957, p. 608), an Act approved February 10, 1960 (Ga. Laws 1960, p. 891), an Act approved April 9, 1963 (Ga. Laws 1963, p. 391), an Act approved February 18, 1964 (Ga. Laws 1964, p. 100), an Act approved April 5, 1971 (Ga. Laws 1971, p. 452), and an Act approved April 7, 1976 (Ga. Laws 1976, p. 1560), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Composition of Authority; organization; appointment of Executive Director. (a) The Authority shall be composed of the Secretary of State, the Lieutenant Governor, the Commissioner of the Department of Natural Resources, and four residents of this State, one of whom shall be from the coastal area of Georgia, to be appointed by the Governor. The four members appointed by the Governor shall be selected from the State at large, but shall be representative of the geographical areas of the State. The members appointed by the Governor shall serve for a term of four years and until the appointment and qualification of their successors, except that the terms of the initial appointments made by the Governor shall be as follows: one member shall be appointed for a term of one year beginning July 1, 1978; one member shall be appointed for a term of two years beginning July 1, 1978; one member shall be appointed for a term of three years beginning July 1, 1978; and one member shall be appointed for a term of four years beginning July 1, 1978. An appointment by the Governor to fill a vacancy shall be made for the unexpired term. (b) The Authority shall elect one of its members as chairman and one vice-chairman and shall elect a secretary and treasurer who may not necessarily be a member of the Authority. The Chairman shall be selected from among the members appointed by the Governor.

"GA1978.1.2045">

(c) Four members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. (d) The members of the Authority shall not be entitled to compensation for their services, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (e) The members of the Authority shall constitute the policy-making body of the Authority. The Authority shall employ a full-time Executive Director to execute the policy decisions of the Authority and to provide continuing professional management of the day-to-day activities of the Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. GEORGIA BOARD OF ATHLETIC TRAINERSEFFECTIVE DATE. No. 1427 (Senate Bill No. 565). AN ACT To amend an Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), so as to remove the expiration date relative to said Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), is hereby amended by striking from Section 18 the following:

"GA1978.1.2046">

This Act shall stand repealed and be null and void on July 1, 1978., so that when so amended Section 18 shall read as follows: 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. 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, 1978. CRIMESUSE OF TERM DOCTOR OR DR. REGULATED. No. 1428 (Senate Bill No. 570). AN ACT To amend an Act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended, so as to require a person who uses the term Doctor or Dr. to designate the degree to which he is entitled or to make certain other designations; to provide for exceptions; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.2047">

Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended, is hereby amended by adding immediately following Section 1A a new Section to be designated Section 1B to read as follows: Section 1B. (a) Any person who shall use the term `Doctor' or `Dr.' in conjunction with his name in any letter, business card, advertisement, sign, public listing, display or circular of any nature whatsoever shall be required to designate the degree to which he is entitled by reason of his diploma of graduation from a school or other entity, professional or otherwise, or to designate the degree as honorary when an honorary acknowledgement has been made, or to designate `no degree' if he is not entitled to any such recognition; provided, however, that said designation shall not be necessary if such term is a part of the person's legal name. (b) Any person wilfully violating the provisions with intent to defraud of subsection (a) shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. This Act shall become effective January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.2048">

STATE ALCOHOLISM ADVISORY COUNCIL DEFINED. No. 1429 (Senate Bill No. 574). AN ACT To amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws 1974, p. 200), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 766), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1007) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 644), so as to provide that the Governor may designate the State Advisory Council for Mental Health and Mental Retardation as the State Alcoholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Alcoholism Advisory Council; to provide that any person who appears to be incapacitated by alcohol may be taken into protective custody and brought to an approved treatment facility for emergency treatment; to provide that any person who appears to be incapacitated by alcohol may be taken to an emergency medical service customarily used for incapacitated persons if no approved treatment facility is readily available; to provide for the emergency admission of an intoxicated person; to provide for other matters relative to the foregoing; to change the effective date 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 for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws 1974, p. 200), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 766), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1007) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 644), is hereby amended by adding a new subsection (d) at the end of Section 6, to read as follows: (d) The Governor, in lieu of creating a distinct State Alcoholism Advisory Council, may designate the State Advisory Council for Mental Health and Mental Retardation as provided for in Section 88-611 of the Georgia Health Code as the State Alcoholism Advisory Council to satisfy the provisions of this Act.

"GA1978.1.2049">

Section 2 . Said Act is further amended by striking subsection (b) of Section 11 in its entirety and inserting in lieu thereof a new subsection (b) of Section 11, to read as follows: (b) A person who appears to be incapacitated by alcohol may be taken into protective custody by the police, other law enforcement officer or the emergency service patrol and forthwith brought to an approved treatment facility for emergency treatment. If no approved treatment facility is readily available, he may be taken to an emergency medical service customarily used for incapacitated persons. When no emergency medical services are available, a person who appears to be incapacitated by alcohol may be taken into protective custody for not more than twelve (12) hours and detained in such facilities as may be available. Policemen and other law enforcement officers or the emergency service patrol, in detaining the person and in taking him to a facility approved for detention under this Act, is taking him into protective custody and shall make every reasonable effort to protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. Taking into protective custody under this Section is not an arrest. No other criminal record shall be made to indicate that the person has been arrested and charged with a crime. Nothing in this Act shall be construed to prevent the prosecution of a person for any other crime with which he may be charged. Section 3 . 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. Emergency Admission of an Intoxicated Person. An intoxicated person who meets the criteria of Section 88-401(z) may be taken to an approved treatment facility for emergency treatment under the procedures of Sections 88-404.2, 88-404.3 and 88-404.4 of the Georgia Health Code. Section 4 . Said Act is further 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, 1979.

"GA1978.1.2050">

Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. CHIROPRACTORSEDUCATIONAL QUALIFICATIONS. Code Section 84-507 Amended. No. 1430 (Senate Bill No. 582). AN ACT To amend Code Section 84-507, relating to applicants for chiropractic examinations, qualifications, fees and certificates, as amended, so as to provide for additional qualifications for applicants graduating from a chiropractic college after January 1, 1982; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 84-507, relating to applicants for chiropractic examinations, qualifications, fees and certificates, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: All applicants for licensing who graduate from a chiropractic college after January 1, 1982, must present evidence of having graduated from a chiropractic college having status with the Accreditation Commission of the Council on Chiropractic Education Accreditation or its successor, or from a chiropractic college which meets equivalent standards thereof, or from a chiropractic college which is actively seeking accreditation from the Accreditation Commission of the Council on Chiropractic Education Accreditation and approved by the Georgia Board of Chiropractic Examiners.

"GA1978.1.2051">

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. HABEAS CORPUSSPECIAL CLERKS IN CERTAIN JUDICIAL CIRCUITS, COSTS, ETC. No. 1431 (Senate Bill No. 591). AN ACT To amend Code Title 50, relating to habeas corpus, as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 835), by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1143), so as to provide for a habeas corpus clerk in certain judicial circuits of this State; to provide for supplies and equipment; to provide for reimbursement to counties for certain expenses incurred for writs of habeas corpus sued out in the superior courts of said counties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 50, relating to habeas corpus, as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 835), by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1143), is hereby amended by adding immediately following Code Section 50-127 a new Code Section to be designated Code Section 50-128 and to read as follows: 50-128. Habeas corpus clerk for certain judicial circuits; supplies and equipment; reimbursement to counties . (a) As used in this Code Section, the following words or terms shall have the following meanings:

"GA1978.1.2052">

(1) `Writs of habeas corpus' means those writs of habeas corpus which are sued out pursuant to the provisions of Code Section 50-127, relating to the exclusive procedure for suing out a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a State court of record, as now or hereafter amended, by persons who are detained under the custody of the State Board of Corrections. (2) `Judicial circuit' means any judicial circuit of this State wherein a minimum of 235 writs of habeas corpus have been instituted in the superior courts of said circuit for each of the last four calendar years, ending with calendar year 1977. (3) `Chief judge' means the judge of the superior courts of a judicial circuit or the judge of the superior courts of a judicial circuit with the longest period of service in those circuits having more than one judge. (b) The chief judge of the superior courts of each judicial circuit is hereby authorized to employ a habeas corpus clerk to carry out such duties as may be prescribed by the judge or judges of said circuit to establish and maintain records on writs of habeas corpus sued out in the superior courts of such circuit and to carry out such other duties as may be prescribed by the judge or judges of said circuit. The habeas corpus clerk employed by said chief judge shall be an employee of the judicial branch of the State government and shall possess such qualifications as shall be determined by said chief judge. Said habeas corpus clerk shall serve at the pleasure of said chief judge. The habeas corpus clerk shall be compensated in an amount set by said chief judge commensurate with industry salaries in the community for similar work. An amount not to exceed $7,200.00 per annum for the salary of said habeas corpus clerk, 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. It is specifically provided that a habeas corpus clerk employed as herein provided shall not be eligible for membership in the Employees' Retirement System of Georgia or for participation in the social security program authorized by the Act of Congress approved August 14, 1935, 49 Stat. 620, known as the `Social Security Act', as now or hereafter amended.

"GA1978.1.2053">

(c) The chief judge of a judicial circuit employing a habeas corpus clerk pursuant to subsection (b) above shall notify the Director, Fiscal Division, Department of Administrative Services, of the name and salary of said habeas corpus clerk at least 15 days prior to the effective date of the employment of said habeas corpus clerk. It shall also be the duty of said chief judge to notify the Director, Fiscal Division, Department of Administrative Services, of any change in the status or salary of said habeas corpus clerk. Said chief judge shall be authorized to designate the county of the judicial circuit wherein such habeas corpus clerk shall maintain his office and carry out his duties, and the governing authority of the county so designated shall provide suitable space for said habeas corpus clerk. (d) Subject to the limitation provided by subsection (e) of this Code Section, the chief judge of a judicial circuit employing a habeas corpus clerk as hereinabove provided may purchase such supplies and equipment as may be reasonably necessary to enable the habeas corpus clerk to carry out his duties and responsibilities. The funds necessary to pay for such supplies and equipment shall come from funds appropriated or otherwise made available for the operation of the superior courts. (e) The total funds for all purposes under subsections (b) through (d) of this Code Section which may be paid from State funds appropriated or otherwise made available for the operation of the superior courts shall not exceed $15,000.00 per annum for any single judicial circuit. (f) Except as hereinafter provided, each county of this State shall be reimbursed from State funds for court costs, both at the trial level and in any appellate court, for each writ of habeas corpus sued out in the superior court of each such county by indigent petitioners if the granting of the writ is denied or in which the court costs are cast upon the respondent, but such reimbursement shall not exceed $10,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of Superior Court of each county shall send a certified list to the Director of the Fiscal Division of the Department of Administrative Services of each writ of habeas corpus sued out in the superior court of such county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners if the granting of the writ is

"GA1978.1.2054">

denied or in which the court costs are cast upon the respondent, and such list shall include the court costs, both at the trial level and in any appellate court, for each such writ of habeas corpus. By not later than December 15, of each calendar year, said Director shall pay to the county, from funds appropriated or otherwise made available for the operation of the superior courts, the reimbursement as set forth in such certified list, subject to the maximum reimbursement provided for above. The list sent to said Director as provided herein shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The Director of the Fiscal Division of the Department of Administrative Services is hereby authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out the provisions of this subsection and to establish such procedures as may be reasonably necessary for such purposes. The first reimbursement provided for herein shall be made during calendar year 1979 based on those writs of habeas corpus which qualify under this subsection and are sued out in the superior courts during calendar year 1978 and the first six months of 1979. The counties comprising the judicial circuit of any judicial circuit defined by paragraph (2) of subsection (a) of this Code Section shall not be eligible for the reimbursement provided for in this subsection. 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, 1978.

"GA1978.1.2055">

HERTY FOUNDATIONASSIGNED TO STATE FORESTRY COMMISSION FOR ADMINISTRATIVE PURPOSES. No. 1432 (Senate Bill No. 599). AN ACT To amend an Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to assign the Herty Foundation for administrative purposes to the State Forestry Commission; 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. Laws 1972, p. 1015), as amended, is hereby amended by striking from Section 1526 thereof the words: Department of Natural Resources, and substituting in lieu thereof the words: State Forestry Commission, so that when so amended Section 1526 shall read as follows: Section 1526. Herty Foundation Functions Continued; Assigned. The Herty Foundation, created in Ga. Laws 1937-38 Ex. Sess., p. 191 (Ga. Code Ann. Sec. 43-501), and its functions are continued. The Foundation is assigned to the State Forestry Commission for administrative purposes only as prescribed in Section 3 of this Act. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.2056">

GEORGIA FOREST RESEARCH COUNCILDUTIES, ETC. No. 1433 (Senate Bill No. 603). AN ACT To amend an Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to change the number of members of the Council; to provide for appointment and qualification of Council members; to require meetings; to require a specification of appropriations for certain research purposes; 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 Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by adding thereto a new Chapter after Chapter 8 thereof, to be designated Chapter 8A, to read as follows: Chapter 8A. State Forestry Commission Section 8A-01. Georgia Forest Research Council - functions transferred. (a) All of the functions of the Georgia Forest Research Council, created in Ga. Laws 1953, Nov. Sess., p. 45, as amended (Ga. Code Ann. Sec. 43-801, et al.), are transferred to the State Forestry Commission, except that the Council is continued solely as an advisory body to the Commission with respect to matters relating to forestry research. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Forest Research Council means the State Forestry Commission.

"GA1978.1.2057">

(b) The terms of office of all present members of the Georgia Forest Research Council shall expire on July 1, 1978. On and after July 1, 1978, the Council shall consist of seven members to be appointed as provided in this subsection. Members of the Council shall be appointed by the Governor and confirmed by the Senate for the following terms: one member for an initial term of office of one year; one member for an initial term of office of two years; one member for an initial term of office of three years; one member for an initial term of office of four years; one member for an initial term of office of five years; one member for an initial term of office of six years; and one member for an initial term of office of seven years. Thereafter, successors to such members shall likewise be appointed and confirmed for terms of office of seven years and until their successors are appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. (c) The Georgia Forest Research Council shall meet semiannually with the Director of the State Forestry Commission and shall advise and consult with him on the establishment and continuation of forest research projects. Members of the Council shall receive the same per diem and allowances for their services as is authorized for members of the State Forestry Commission. (d) Appropriations for research conducted by or through the State Forestry Commission as a result of the functions transferred pursuant to this Section shall be specified in the General Appropriations Act as a separate line item appropriation under the State Forestry Commission. From the above-mentioned line item appropriation, the sum of two hundred sixty-nine thousand, one hundred two and No/100 dollars shall be appropriated to the Board of Regents for the School of Forestry at the University of Georgia for continuation of existing research projects. Any additional funds in said line item appropriation shall be allocated to research projects selected by the State Forestry Commission and the Director of the State Forestry Commission. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978.

"GA1978.1.2058">

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDCERTIFICATION OF TEACHERS, ETC. No. 1434 (Senate Bill No. 615). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 25, 1975 (Ga. Laws 1975, p. 181), so as to change the provisions relative to certain requirements for certification as a teacher, principal or guidance counselor; 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. Laws 1974, p. 1045), as amended, particularly by an Act approved March 25, 1975 (Ga. Laws 1975, p. 181), is hereby amended by striking the last two sentences of subsection (c) of Section 55 which read as follows: Those teachers, principals and guidance counselors of other states who would be employed and certified in Georgia schools but lack the requirements of this provision shall have a period of one year from date of employment to obtain this prescribed training. Teachers already certificated in Georgia shall have until their recertification date or one year, whichever is greater, to comply with this Act., and inserting in lieu thereof two new sentences to read as follows: Those teachers, principals and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia and those teachers with lapsed Georgia teaching certificates who are otherwise

"GA1978.1.2059">

eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date or one year, whichever is greater, to comply with the requirements of this subsection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. REPORTS OF CHILD ABUSE. Code Section 74-711 Amended. No. 1435 (Senate Bill No. 616). 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 provide that reports shall be made to an appropriate police authority in the absence of a child welfare agency providing protective services; to provide immunity from liability for those making such 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 deleting from subsection (b) thereof the word: and,

"GA1978.1.2060">

which appears following the words: Department of Human Resources, and substituting in lieu thereof the words and symbols: or, in the absence of such agency,, 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, or, in the absence of such agency, to an appropriate police authority. Such reports shall contain the name 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 2. Said Code Section is further amended by adding to subsection (c) thereof the words: to a child welfare agency providing protective services or an appropriate police authority, following the words: to be made, so that when so amended, subsection (c) shall read as follows: (c) Immunity from Liability. Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of said report or causing said report to be made to a child welfare agency providing protective services or an appropriate police authority pursuant to the provisions of this Section or any other law, or participating in any judicial proceeding or any other proceeding resulting therefrom, shall in so doing be immune from any liability, civil or criminal, that might otherwise

"GA1978.1.2061">

be incurred or imposed, providing such participation pursuant to this Section or any other law shall be made in good faith. Any person making a report, whether required by this Section or not, shall be immune from liability as herein provided. 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 5, 1978. LIVESTOCK AUCTIONSMANNER OF MAKING PAYMENTS. No. 1436 (Senate Bill No. 619). AN ACT To amend an Act providing for the regulation of the sale of livestock at auction, approved March 7, 1956 (Ga. Laws 1956, p. 501), as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 309), an Act approved March 17, 1959 (Ga. Laws 1959, p. 296), an Act approved March 10, 1966 (Ga. Laws 1966, p. 350), an Act approved March 20, 1970 (Ga. Laws 1970, p. 530) and an Act approved March 11, 1971 (Ga. Laws 1971, p. 71), so as to provide for the manner of making payment and depositing payment for livestock purchased at auction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the regulation of the sale of livestock at auction, approved March 7, 1956 (Ga. Laws 1956, p. 501), as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 309), an Act approved March 17, 1959 (Ga. Laws 1959, p. 296),

"GA1978.1.2062">

an Act approved March 10, 1966 (Ga. Laws 1966, p. 350), an Act approved March 20, 1970 (Ga. Laws 1970, p. 530) and an Act approved March 11, 1971 (Ga. Laws 1971, p. 71), is hereby amended by striking Section 3E in its entirety and inserting in lieu thereof the following: Section 3E. Payment for livestock purchased at auction shall be made on the same date of the purchase of the livestock, except that persons regulated by the provisions of the Federal `Packers and Stockyards Act of 1921', as amended, may make payment by placing in the mail a check on the day following the date of purchase. The proceeds therefrom shall be deposited by the livestock sales establishment in the custodial account not later than the next banking day following the date of sale or receipt of payment by mail. Payment for livestock purchased at auction shall be made by cash, check, draft, or transfer of funds by wire. There shall be no loans made from the custodial account of any livestock sales establishment to any purchaser of livestock at that sales establishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1978. REVENUE BOND LAW AMENDED. No. 1437 (Senate Bill No. 622). AN ACT To amend an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, so as to provide that the cost of any undertaking may include moneys not in excess of an amount equal to fifteen percent (15%) of the total principal amount of a bond issue for the purpose of establishing a debt service reserve with respect to the principal and interest requirements

"GA1978.1.2063">

on such bonds; to specify the provisions relating to the entry on bonds of a statement as to the validation of said bonds by judgment of a superior court; to provide that under certain circumstances, the clerk of the superior court in which such a judgment of validation was rendered shall sign such entry on bonds issued in exchange for bonds previously signed by said clerk; to provide for severability of portions 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 known as the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Procedure for Authorization of Undertaking and Revenue Bonds. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, and the issuance, in anticipation of the collection of the revenues of such undertaking, of bonds to provide funds to pay the cost thereof, may be authorized under this Act by resolution or resolutions of the governing body which may be adopted at a regular or special meeting by a majority of the members of the governing body. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The governing body in determining such cost may include all costs and estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; interest, which it is estimated will accrue during the construction period and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this Act; and, moneys not in excess of an amount equal to fifteen per cent (15%) of the total principal amount of each such bond issue to establish a debt service reserve with respect to principal and interest requirements on such bonds. Section 2. An Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, particularly by an Act approved March 20, 1970 (Ga. Laws 1970, p. 497), is hereby amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15 to read as follows:

"GA1978.1.2064">

Section 15. Bonds validated under the provisions of this Act shall have stamped or written thereon by the proper officers of such municipality issuing the same, or their agents or servants, the words: `Validated and confirmed by judgment of the superior court', specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the clerk of the superior court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. If provisions in the resolution authorizing the issuance of bonds grant conversion and/or exchangeability privileges with respect thereto, upon request of the proper officers of the municipality issuing bonds in exchange for bonds previously signed by a clerk of the superior court, it shall be the duty of such clerk of the superior court to sign the entry as to judgment of validation made on such bonds proposed to be issued in exchange, and such entry shall likewise be received as original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. As specified in the general laws of the State of Georgia, any clerk of a superior court may sign such entry as to the judgment of validation by a manual or a facsimile signature. The clerk of the superior court shall receive for his services rendered under this Section the fee prescribed in Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1098). Section 3 . The terms and provisions of this Act are severable. Should any Section, subsection, sentence, clause or phrase of this Act, or the application thereof to any person or circumstance for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion. 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 5, 1978.

"GA1978.1.2065">

SCHOOL BUSESSPEED LIMITS. Code Section 68A-706 Amended. No. 1438 (Senate Bill No. 629). AN ACT To amend Code Section 68A-706, relative to overtaking and passing a school bus, as amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 479), so as to change the speed limit of school buses on a public road which is a part of a National System of Interstate and Defense Highways; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 68A-706, relative to overtaking and passing a school bus, as amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 479), is hereby amended by striking paragraph (6) of subsection (d) of said Code Section in its entirety and inserting in lieu thereof a new paragraph (6) and a new paragraph (7) to read as follows: (6) A school bus transporting school children to and from school at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways. (7) A school bus transporting school children to and from school on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 55 miles per hour.

"GA1978.1.2066">

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, 1978. FEDERAL INTERGOVERNMENTAL COOPERATION ACT AMENDEDMEMBERS. No. 1439 (House Bill No. 1585). AN ACT To amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as amended, so as to change the provisions relative to the membership of area planning and development commissions; to provide that this Act shall not affect certain metropolitan are planning and development commissions; 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 implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as amended, is hereby amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. (a) Each Area Planning and Development Commission, by its bylaws, shall provide for the selection of Commission representatives, but such bylaws shall be subject to the following requirements governing the membership of the Commission:

"GA1978.1.2067">

(1) At least two-thirds of the membership shall be members of the governing bodies of counties and municipalities which have joined the Area Planning and Development Commission, and such members of the Commission shall be appointed by the governing bodies of the respective counties and municipalities. The bylaws may require that one hundred percent of the Commission shall be members of the governing bodies of such counties and municipalities. (2) Each county which has joined the Commission shall have at least one representative of its governing body on the Commission, and at least one municipality within each such county shall have at least one representative of its governing body on the Commission. (3) All members of the Commission shall be appointed by the governing bodies of the counties and municipalities which have joined the Area Planning and Development Commission. (b) The membership of all Area Planning and Development Commissions shall be changed to comply with the requirements of subsection (a) of this Section by not later than January 1, 1979. Section 2 . This Act shall not affect any metropolitan area planning and development commission established by an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000, according to the United States Decennial Census of 1970 or any future such census, approved March 3, 1971 (Ga. Laws 1971, p. 17), as amended. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1978.

"GA1978.1.2068">

BANKS AND BANKINGAIRPORT BRANCHES. Code Section 13-203.1 Amended. No. 1440 (House Bill No. 1483). AN ACT To amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of bank offices or bank facilities within airports owned or operated, or both, by counties or municipalities in which parent or branch banks are located; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 13-203.1, relating to bank offices and bank facilities, as amended, is hereby amended by adding a new subsection at the end thereof to be designated subsection (g) to read as follows: (g) The provisions of any other laws to the contrary notwithstanding, a parent bank or branch bank located in a county, or in a municipality of such county, either of which owns, operates, or both, an airport located within such county or municipality, or partly within and partly without such county or municipality, may, subject to the conditions provided in this Title, and upon obtaining approval and a permit from the Commissioner of Banking and Finance, establish and operate a bank office or offices, or a bank facility or facilities, within the confines of the primary airport terminal facilities, at such airport, whether or not the location of any such office or facility be within or without the county or municipality in which the parent or branch bank is situated. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1978.

"GA1978.1.2069">

CLERKS OF SUPERIOR COURT RETIREMENT SYSTEM ACT AMENDEDBENEFITS, ETC. No. 1441 (House Bill No. 1343). AN ACT To amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1183), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1188), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 1098), so as to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. 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. Laws 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1183), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1188), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 1098), is hereby amended by striking subsection (a) of Section 9 in its entirety, and inserting in lieu thereof a new subsection (a) of Section 9, to read as follows: (a) In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must

"GA1978.1.2070">

have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court immediately preceding retirement. Subject to the restrictions set out herein, a clerk in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of service as a member of the armed forces of the United States served on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior court hereunder if such service has or will be used in the determination of any clerk's or deputy clerk's eligibility for retirement benefits or allowances from any other State or Federal retirement program, excluding social security. No person shall be eligible for the retirement benefits provided herein unless he or she has paid into the fund the amount provided for in this Act for the four years' service immediately preceding his or her retirement. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a sum of $450.00 per month. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the Board as provided for in this Act. No person shall be eligible for benefits provided herein until his or her official duties shall have terminated and unless he or she shall file application for benefits within ninety days, or as soon thereafter as possible, from the time of the termination of his or her official duties. Section 2 . Said Act is further amended by striking Section 9B in its entirety, and inserting in lieu thereof a new Section 9B, to read as follows: Section 9B. Notwithstanding any other provisions of this Act to the contrary, a clerk may retire after completing sixteen years of creditable service as provided for above, provided he or she shall have become totally and permanently disabled, after having commenced his or her service as a clerk, and any such clerk shall be entitled to receive retirement benefits in the amount of $450.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the Board of Commissioners.

"GA1978.1.2071">

Section 3 . Said Act is further amended by striking Section 10A in its entirety, and inserting in lieu thereof a new Section 10A, to read as follows: Section 10A. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for herein if he or she has served sixteen years, at least eight years of which have been served as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid the sum of $360.00 per month. Section 4 . Said Act is further amended by striking Section 10B in its entirety, and inserting in lieu thereof a new Section 10B, to read as follows: Section 10B. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for hereinafter if he or she has served twelve years, at least eight years of which have been served as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid the sum of $270.00 per month. Section 5 . Said Act is further amended by deleting Section 10C in its entirety. Section 6 . Said Act is further amended by striking Section 10D in its entirety, and inserting in lieu thereof a new Section 10D, to read as follows: Section 10D. The increases in retirement benefits provided by this Amendment shall also be used in the computation of any retirement benefits allowed a widow or widower of a deceased clerk pursuant to the terms of the Act. Section 7 . Said Act is further amended by striking Section 10F in its entirety, and inserting in lieu thereof a new Section 10F, to read as follows:

"GA1978.1.2072">

Section 10F. Any other provisions of this Act to the contrary notwithstanding, each member who retired prior to April 1, 1978, and all members who have ceased their service as clerks and are awaiting to attain retirement age, shall receive benefits under this Act in the same amount as a member having the same number of years of service would receive if such member retires on April 1, 1978. The purpose of this Section is to assure that all members retired prior to April 1, 1978, and all members who have ceased their service as clerks and are awaiting retirement age, shall receive the same amount of retirement benefits as a member with the same number of years of service would receive upon such member's retirement on April 1, 1978. The provisions of this Section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on March 31, 1978. The increased benefits provided by this Act shall be paid to retired members and spouses of deceased members effective on April 1, 1978. 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. Section 9 . This Act shall become effective on April 1, 1978. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1978.

"GA1978.1.2073">

INSURANCERATE FILINGS Code Chapter 56-5 Amended. No. 1442 (Senate Bill No. 606). AN ACT To amend Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, so as to provide for applicability of certain Sections to workmen's compensation insurance; to require domestic, foreign and alien insurers to independently file their rates, rating plans, rating systems, underwriting rules, and policy or bond forms if the Insurance Commissioner deems such a filing to be in the best interests of the citizens of the State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, is hereby amended by adding before the period at the end of subsection (g) of Section 56-506, relating to application of Chapter, the following: , and provided further, that the provisions of Section 56-522.1 and Section 56-522.2 shall apply, so that when so amended, subsection (g) shall read as follows: (g) Workmen's compensation insurance: Provided, however, that the filings required by Section 114-609 may be made by a rating organization licensed in accordance with Sections 56-514 to 56-517, inclusive, and provided further, that the provisions of Section 56-522.1 and Section 56-522.2 shall apply. Section 2 . Said Act is further amended by adding at the end of Code Section 56-522.1, relating to filing by insurers of rates, rating plans, rating systems, and underwriting rules, the following:

"GA1978.1.2074">

Provided, however, the Commissioner may require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, policy or bond forms used by it, independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be in the best interests of the citizens of this State., so that when so amended Code Section 56-522.1 shall read as follows: 56-522.1. Filing of Rates, Rating Plans, Rating Systems, Underwriting Rules. Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, policy or bond forms of such organization. Provided, however, the Commissioner may require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, policy or bond forms used by it, independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be in the best interests of the citizens of this State. 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 6, 1978.

"GA1978.1.2075">

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDEDSUBROGATION. No. 1443 (House Bill No. 1836). AN ACT To amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), so as to change certain provisions relating to subrogation; to provide 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. Laws 1974, p. 113), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), is hereby amended by striking in its entirety paragraph (1) of subsection (d) of Section 5 thereof and substituting in lieu thereof a new paragraph (1) of subsection (d) to read as follows: (1) Insurers and self-insurers providing benefits without regard to fault described in Sections 3 and 4 shall not be subrogated to the rights of the person for whom benefits are provided, except in those motor vehicle accidents involving two or more vehicles, at least one of which is a motor vehicle weighing more than 6,500 pounds unloaded. The right of recovery and the amount thereof shall be determined on the basis of tort law between the insurers or self-insurers involved. Expenses incurred in exercising the rights of subrogation hereunder shall be at the sole expense of the insurers and self-insurers involved. If the responsible tort-feasor is uninsured or is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action to the extent of benefits provided against such tort-feasor only in the event that the person for whom benefits are provided has been completely compensated for all economic and noneconomic losses incurred as a result of the motor vehicle accident.

"GA1978.1.2076">

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 6, 1978. SOLAR EASEMENT ACT OF 1978. No. 1446 (Senate Bill No. 506). AN ACT To provide authorization for solar easements; to provide for a short title; to provide a method of establishing a solar easement; to provide for the contents of a solar easement; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Solar Easement Act of 1978. Section 2. Findings; Declaration of Policy. The General Assembly finds that the use of solar energy in Georgia can help reduce the nation's reliance upon imported fuels, and that solar energy development should, therefore, be encouraged. Further, that as the use of solar energy devices increases, the possibility of future shading of such devices by buildings or vegetation will also increase. Therefore, the General Assembly declares that solar easements may be established to allow the owner of a solar energy device to negotiate for assurance of continued access to sunlight.

"GA1978.1.2077">

Section 3. Establishment of Solar Easements. Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements. Section 4. Contents of Solar Easements. Any instrument creating a solar easement shall include, but the contents shall not be limited to: (a) a definite and certain description of the airspace affected by such easement; and (b) any terms or conditions or both under which the solar easement is granted or will be terminated. Section 5. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1978.

"GA1978.1.2078">

LOAN OF PORTRAIT OF GOVERNOR WILLIAM J. NORTHEN TO BLUE AND GRAY MUSEUM. No. 182 (Senate Resolution No. 72). A RESOLUTION Relative to the portrait of former Governor William J. Northen; and for other purposes. WHEREAS, Governor William J. Northen was instrumental in the founding of the City of Fitzgerald; and WHEREAS, a portrait of Governor Northen now hangs in the State Capitol along with portraits of other former Governors; and WHEREAS, recently an additional portrait of Governor Northen was discovered by the Secretary of State; and WHEREAS, the Blue and Gray Museum, located in Fitzgerald, Georgia, is desirous of obtaining a portrait of Governor Northen for display in the museum. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State, acting for and in behalf of the State of Georgia, is hereby authorized to loan, under such terms and conditions as the Secretary of State shall provide, to the Blue and Gray Memorial Association of Fitzgerald, Georgia, the portrait of former Governor William J. Northen which is not required for display in the Capitol for the purposes of displaying said portrait in the Blue and Gray Museum. Approved April 6, 1978.

"GA1978.1.2079">

AMENDMENT OF LEASE WITH OMNI INTERNATIONAL, INC. AND OMNI INTERNATIONAL, LTD. AUTHORIZED. No. 183 (Senate Resolution No. 121). A RESOLUTION To amend a Resolution passed by the General Assembly of Georgia in its 1973 Regular Session (Ga. Laws 1973, p. 346), approved April 9, 1973, authorizing the severing of four tracts of real property or interests therein from then existing leases between the State of Georgia or authorized State entities, as Lessor, and second parties, as Lessees, and the consolidation of the said severed tracts or interests therein into a new Lease between the State of Georgia, acting by and through the State Properties Control Commission (predecessor in law to the State Properties Commission), as Lessor, and Omni International, Inc. as Lessee, upon the terms, conditions, covenants, agreements, and rental set forth in the form of lease attached to the said 1973 Resolution; so as to authorize an Amendment to the said new Lease between the State of Georgia and Omni International, Inc., to sever one tract (No. 8) from the said Lease and to cause the reversion of said Tract No. 8 to the State of Georgia; to authorize conveyance of a nonexclusive easement affecting said Tract No. 8; to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the General Assembly of Georgia (Ga. Laws 1973, beginning at p. 346), approved April 9, 1973, authorized, under certain conditions as outlined therein, the severing of Tract No. 3 from that Lease dated January 12, 1960, as amended, originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission which in turn was predecessor in law to the State Properties Commission) as Lessor, and City Center Incorporated as Lessee, and the releasing of the then present Lessees (Downtown Development Corp., FM Air Rights Company and City Center, Incorporated) from their obligations as to said Tract No. 3, and further authorized the severing of Tract Nos. 6, 7 and 8 from that lease dated March 1, 1972, between the State of Georgia as Lessor, and Allright Parking of Georgia, Inc., as Lessee, and the releasing of Allright Parking of Georgia, Inc., from its obligations as to Tract Nos. 6, 7 and 8; and further authorized the execution by the State of Georgia, acting by and through the

"GA1978.1.2080">

State Properties Control Commission (predecessor in law to the State Properties Commission), as Lessor, of a new lease (hereinafter called Lease) directly to Omni International, Inc., as Lessee, of the four tracts so severed (Tract No. 3 from the City Center, Incorporated Lease and Tract Nos. 6, 7 and 8 of the Allright Parking of Georgia, Inc., Lease) upon the terms, conditions, covenants, agreements and rental set forth in the Form of Lease attached to the said 1973 Resolution; WHEREAS, subject to said authorization of the General Assembly of Georgia, and under the terms and conditions as set forth in the said Resolution, the State Properties Commission, acting for and on behalf of the State of Georgia as Lessor, and Omni International, Inc., entered into the authorized Lease under date of April 9, 1973, said Lease recorded in Deed Book 5851, beginning at page 191, in the records of the Office of the Clerk of the Superior Court of Fulton County, Georgia and inventoried in the records of the Office of the Secretary of State of Georgia as his Deed Record No. 6225; WHEREAS, Omni International, Inc., by instrument dated June 20, 1973, which instrument is recorded in Deed Book 5851, beginning at page 294, in the Office of the Clerk of the Superior Court of Fulton County, Georgia, entered into an authorized sublease of the leased premises to Omni International, Ltd.; WHEREAS, the General Assembly of the State of Georgia (Ga. Laws 1972, p. 245), created the Executive Board of the Georgia World Congress Center and empowered the same to, among other things, select a site for the said Georgia World Congress Center (hereinafter called Center) and approve the overall plans for the same; and by Laws 1974, page 174, amended the said Georgia Laws 1972, page 245 to reconstitute, enlarge and recreate the said Executive Board of the Georgia World Congress Center Authority to be known as the George L. Smith II Georgia World Congress Center Authority (hereinafter called Authority) and therein also ratified the prior actions of the said Executive Board, including site selection; and by Georgia Laws 1975, page 435, again reconstituted, enlarged, and recreated the Authority; WHEREAS, the site chosen for construction of the Center, and the plans for the construction thereof, included the portion of the premises covered under the aforesaid Lease between the State of

"GA1978.1.2081">

Georgia and Omni International, Inc., known as Tract No. 8 as identified in the aforesaid 1973 Resolution authorizing the same, on which Tract No. 8 a portion of the plaza, supports and access road serving the Center were to be constructed; WHEREAS, the State Properties Commission and Omni International, Inc., and Omni International, Ltd. (as sublessee of Omni International, Inc.) acting under the authority of the aforesaid 1973 Resolution of the General Assembly, by instrument dated May 25, 1976, entered into an Easement and Agreement to authorize construction of a portion of the said plaza on the said Tract No. 8 pending action by the General Assembly of Georgia to amend its aforesaid Resolution (Ga. Laws 1973, p. 346), to authorize the severance of the said Tract No. 8 from the aforesaid Lease so that the reversionary interest of the State of Georgia in the said Tract No. 8 could be expedited to coincide with the effective date of this Resolution as hereinafter provided, subject to certain retained nonexclusive easement rights by Omni International, Inc., and Omni International, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Governor, as Chairman of the State Properties Commission is hereby authorized and empowered to execute the Amendment To Lease between and on behalf of the State of Georgia, as Party of the First Part, and Omni International, Inc. and Omni International, Ltd. as Parties of the Second Part, substantially in the substance and form of the instrument attached to this Resolution as Exhibit A his signature being attested by the Secretary of the State Properties Commission; said Amendment To Lease being for the sole purpose of amending and modifying the Lease to exclude, remove, delete and release the aforesaid Tract No. 8, as described in the aforesaid 1973 Resolution of the General Assembly authorizing execution of the Lease, and as described in the said Amendment To Lease attached to this Resolution as Exhibit A. Section 2. The Governor, as Chairman of the State Properties Commission, is hereby authorized and empowered to execute the Easement between and on behalf of the State of Georgia, as Party of the First Part, and Omni International, Inc. and Omni International, Ltd. as Parties of the Second Part, substantially in the substance

"GA1978.1.2082">

and form of the instrument attached to this Resolution as Exhibit B, his signature being attested by the Secretary of the State Properties Commission, said Easement being for the sole purpose of granting to the said Parties of the Second Part the nonexclusive easement rights as designated in said Exhibit B. Section 3 . This Resolution 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 Resolution are hereby repealed. EXHIBIT A STATE OF GEORGIA, COUNTY OF FULTON: AMENDMENT TO LEASE THIS AMENDMENT TO LEASE (hereinafter referred to as Instrument), is made and entered into this..... day of....., 19....., by and between the STATE OF GEORGIA acting by and through the State Properties Commission (successor in law to the State Properties Control Commission) (hereinafter referred to as State), as Party of the First Part, and OMNI INTERNATIONAL, INC., a corporation organized and existing under the laws of the State of Georgia (hereinafter referred to as OII), and OMNI INTERNATIONAL, LTD., a limited partnership of Fulton County, Georgia, (hereinafter referred to as OIL), as Parties of the Second Part. WITNESSETH: WHEREAS, State, acting by and through the State Properties Commission, as Lessor and OII as Lessee did pursuant to Ga.

"GA1978.1.2083">

Laws 1973, pp. 346-430, execute the Indenture of Lease (the Lease) dated April 9, 1973, recorded in Deed Book 5851 beginning at page 191 in the Office of the Clerk of the Superior Court of Fulton County, Georgia demising certain real property (the Property) located in Land Lot 78 of the 14th District of Fulton County, Georgia being more particularly described therein and within the hereincited Ga. Laws 1973, (the Demised Premises); WHEREAS, OIL is the holder of a subleasehold estate in the Property by virtue of the Sublease Agreement dated June 20, 1973, between OIL as Sublessor and OIL as Sublessee recorded in Deed Book 5851, beginning at page 294 in the Office of the Clerk of the Superior Court of Fulton County, Georgia; WHEREAS, State and OII desire to amend and modify the Lease in order to exclude, remove, delete and release from the Demised Premises a portion thereof being all that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia being more particularly described in Exhibit A attached hereto and made a part hereof by reference (the Exclusion Property): NOW, THEREFORE, for and in consideration of the premises, the mutual covenants herein, and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby ackowledged by the parties hereto, the parties hereby agree as follows: 1. The Lease is hereby amended and modified by excluding, removing, deleting and releasing the Exclusion Property from the Demised Premises. The exclusion, removal, deletion and release of the Exclusion Property shall remove the Exclusion Property, and only the Exclusion Property, from the Lease for all purposes, specifically including the reappraisal provisions of Section Two of the Lease.

"GA1978.1.2084">

2. Except as herein expressly amended and modified, all of the terms, conditions, covenants and agreements of the Lease shall continue and remain in full force and effect, and, subject to the removal of the Exclusion Property for the purposes of the reappraisal provisions, the rental payable under the Lease shall not be reduced. 3. This Instrument shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns. 4. This Instrument shall be governed by and construed and enforced in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF, George Busbee, as Governor of the State of Georgia and as Chairman of the State Properties Commission has hereunto affixed his official signature and caused to be affixed hereto the Great Seal of the State of Georgia and the seal of the State Properties Commission, and Omni International, Inc. and Omni International, Ltd. have caused this instrument to be executed by their duly authorized officers and their seals affixed hereto in duplicate the day, month and year first above written.

"GA1978.1.2085">

"GA1978.1.2086">

EXHIBIT A ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING commence at an iron pin found at the intersection formed by the southeast line of the right-of-way of Magnolia Street and the southwest line of the right-of-way of Marietta Street; run thence south 52 degrees 20 minutes west along the southeast line of the right-of-way of Magnolia Street a distance of 141.5 feet to a railroad spike; run thence south 52 degrees 42 minutes 30 seconds west along the southeast line of the right-of-way of Magnolia Street and along a line being coincident with the southeast edge of Magnolia Street Viaduct a distance of 102.4 feet to an iron pin found on the northeast line of the right-of-way of the L N Railroad; run thence southwesterly along a line being coincident with the southeast edge of Magnolia Street Viaduct and along an arc of a curve (having a chord bearing south 54 degrees 17 minutes west

"GA1978.1.2087">

a distance of 89.61 feet) a distance of 89.7 feet to a point on the southwest line of the right-of-way of the L N Railroad; run thence north 16 degrees 01 minutes 30 seconds west a distance of 79.83 feet to an iron pin placed on a line being coincident with the northwest edge of Magnolia Street Viaduct (as the same has been widened) and THE POINT OF BEGINNING: FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence north 15 degrees 58 minutes 30 seconds west a distance of 402.06 feet to a nail found; running thence northwesterly along an arc of a curve (having a chord bearing north 16 degrees 57 minutes west a distance of 139.26 feet and a radius of 4,389.368 feet) a distance of 139.3 feet to an iron pin found: running thence south 74 degrees 44 minutes west a distance of 1.0 foot to an iron pin placed; running thence southeasterly along an arc of a curve (having a chord bearing south 09 degrees 10 minutes east a distance of 314.23 feet and a radius of 1,548.535 feet) a distance of 314.77 feet to an iron pin found; running thence southeasterly along an arc of a curve (having a chord bearing south 02 degrees 08 minutes east a distance of 170.01 feet and a radius of 4,583.662 feet) a distance of 170.02 feet to a railroad rail found; running thence south 00 degrees 59 minutes east a distance of 93.3 feet to an iron pin placed on a line being coincident with the northwest edge of Magnolia Street Viaduct (as the same has been widened); running thence northeasterly along a line being coincident with the northwest edge of Magnolia Street Viaduct (as the same has been widened) and along an arc of a curve (having a chord bearing north 60 degrees 13 minutes east a distance of 108.63 feet and a radius of 503.68 feet) a distance of 108.83 feet to the iron pin placed at THE POINT OF BEGINNING; being the property shown as containing 0.513 acre on that certain Blueprint of Survey, dated March 13, 1973, last revised June 1, 1973, prepared for Omni International, Ltd., by A. W. Browning, Georgia Registered Land Surveyor No. 490, to which Blueprint of Survey reference is hereby made for all purposes, and being the same property as is shown, depicted and labeled as TRACT XIII on that certain plat of survey, dated May 24, 1974, last revised October 2, 1974, made by Watts Browning, Engineers, and recorded in Plat Book 106, Page 81 in the Office of the Clerk of the Superior Court of Fulton County, Georgia, which plat is by reference incorporated herein, and also being the same property as is shown, depicted and Labeled as TRACT #8 on Exhibit D to the Indenture of Lease dated April 9, 1973, between the State of Georgia acting through the State Properties Control

"GA1978.1.2088">

Commission, as Lessor, and Omni International, Inc., as Lessee, which Indenture of Lease is set forth in Ga. Laws 1973, pp. 346, et seq . (said Exhibit D being set forth at Ga. laws 1973, pp. 414-415). EXHIBIT B STATE OF GEORGIA; COUNTY OF FULTON: EASEMENT THIS EASEMENT is granted this..... day of....., 197....., from the STATE OF GEORGIA acting by and through the State Properties Commission (successor in law to the State Properties Control Commission) (hereinafter referred to as Grantor), as Party of the First Part, to OMNI INTERNATIONAL, INC., a corporation organized and existing under the laws of the State of Georgia (hereinafter referred to as OII) and OMNI INTERNATIONAL, LTD., a limited partnership of Fulton County, Georgia (hereinafter referred to as OIL), as Parties of the Second Part. WITNESSETH: WHEREAS, Grantor is the owner of all that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia which is more particularly described in Exhibit A attached hereto and made a part hereof by reference (hereinafter referred to as the Property); WHEREAS, OII and OIL desire to obtain from Grantor easements for the purposes, as hereinafter defined, of access, ingress and egress over, on, across and through the Property and any and all buildings, improvements and other structures located thereon;

"GA1978.1.2089">

WHEREAS, Grantor is willing to grant such easements to OII and OIL for the purposes herein stated. NOW THEREFORE, for and in consideration of the premises, the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby agrees as follows: 1. Grantor hereby grants and conveys unto OII and OIL, their successors and assigns, and to the present and future employees, agents, visitors, invitees, licensees, tenants, suppliers and guests of OII and OIL, non-exclusive easements for: (i) access, ingress and egress, over, on, across and through the ground level of the Property with a vertical clearance of not less than seventeen (17) feet above the service road which runs between (a) the intersection of Foundry Street with the Property and (b) the intersection of the presently existing service road with the southernmost boundary of the Property, all as shown on the plat dated October 7, 1975, made by Thompson, Ventulett Stainback, Inc., Architects entitled Service Road Between Bartow Foundry Street, a copy of which is attached hereto as Exhibit B and made a part hereof by reference or upon a paved street or streets to be constructed by Grantor across the Property necessary to provide access, ingress and egress between the intersections described in (a) and (b) above satisfactory to OII and OIL, the approval of which shall not be unreasonably withheld by OII and OIL; (ii) an equal right of access, ingress and egress, with the general public over, on, across and through the plaza or other access way (the Plaza) constructed or to be constructed by Grantor through a portion of the Property; (iii) the construction and maintenance of utilities, including drainage and sewer lines below the presently existing grade level of the Property, provided, however, that in the exercise of their rights under this provision (iii), OII and OIL will first seek the approval of the Grantor as to the manner of the exercise of those rights and the Grantor, acting by and through the State Properties Commission, agrees that it will not unreasonably withhold approval thereof; and (iv) the maintenance of the presently existing sign of

"GA1978.1.2090">

Allright Parking of Georgia, Inc. located on the Property together with the right to relocate and replace such existing sign with a new sign provided that such new sign (a) shall be of reasonable size and shape and shall not advertise across the face thereof any matters other than public parking and the name of the enterprise or enterprises or entity or entities on behalf of which such public parking is advertised: (b) shall not interfere with Grantor's access, ingress and egress, over, on, across, and through the street or streets constructed by Grantor across the Property; and (c) shall not otherwise unreasonably interfere with Grantor's use of the Property. 2. The cost of maintaining any and all buildings, improvements and other structures placed on the Property by Grantor shall be borne by Grantor. 3. OII and OIL acknowledge that the easements rights granted herein are non-exclusive and that Grantor retains the right in its sole discretion to grant other and further non-exclusive easements over, on across and through the Property and any buildings, improvements and other structures presently or hereafter located thereon to any and all persons or entities whatsoever, provided, that such other and further non-exclusive easements do not unreasonably interfere with the rights and easements of OII and OIL granted hereunder. 4. This instrument shall be governed by and construed and enforced in accordance with the laws of the State of Georgia.

"GA1978.1.2091">

5. The rights and easements granted and conveyed herein shall be binding upon the successors and assigns of Grantor and shall inure to the benefit of OII and OIL, their successors and assigns, and their present and future employees, agents, visitors, invitees, licensees, tenants, suppliers, and guests. 6. The rights, privileges and easements conveyed hereunder shall expire on the later of (i) 12:00 o'clock midnight on December 27, 2044; or (ii) the termination of the Indenture of Lease dated April 9, 1973, between the State of Georgia acting by and through the State Properties Control Commission, as Lessor, and Omni International, Inc., as Lessee, recorded in Deed Book 5851, beginning at page 191 in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and any and all extensions or renewals thereof. TO HAVE AND HOLD the said non-exclusive easements granted and conveyed by this instrument, together with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in any wise appertaining, to the proper use, benefit and behoof of OII and OIL, and their successors and assigns. IN WITNESS WHEREOF, George Busbee, as Governor of the State of Georgia and as Chairman of the State Properties Commission has hereunto affixed his official signature and caused to be afixed hereto the Great Seal of the State of Georgia and the seal of the State Properties Commission in duplicate the day and year first above set forth.

"GA1978.1.2092">

EXHIBIT A ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING commence at an iron pin found at the intersection formed by the southeast line of the right-of-way of Magnolia Street and the southwest line of the right-of-way of Marietta Street; run thence south 52 degrees 20 minutes west along the southeast line of the right-of-way of Magnolia Street a distance of 141.5 feet to a railroad spike; run thence south 52 degrees 42 minutes 30 seconds west along the southeast line of the right-of-way of Marietta Street and along a line coincident with the southeast edge of Magnolia Street Viaduct a distance of 102.4 feet to an iron pin found on the northeast line of the right-of-way of the L N Railroad; run thence southwesterly along a line being coincident with the southeast edge of Magnolia Street Viaduct and along an arc of a curve (having a chord bearing south 54 degrees 17 minutes west a distance of 89.61 feet) a distance of 89.7 feet to a point on the southwest line of the right-of-way of the L N Railroad; run thence north 16 degrees 01 minutes 30 seconds west a distance of 79.83 feet to an iron pin placed on a line being coincident with the northwest edge of Magnolia Street Viaduct (as the same has been widened) and THE POINT OF BEGINNING: FROM THE TRUE POINT OF

"GA1978.1.2093">

BEGINNING AS THUS ESTABLISHED, running thence north 15 degrees 58 minutes 30 seconds west a distance of 402.06 feet to a nail found; running thence northwesterly along an arc of a curve (having a chord bearing north 16 degrees 57 minutes west a distance of 139.26 feet and a radius of 4,389.368 feet) a distance of 139.3 feet to an iron pin found; running thence south 74 degrees 44 minutes west a distance of 1.0 foot to an iron pin placed; running thence southeasterly along an arc of a curve (having a chord bearing south 09 degrees 10 minutes east a distance of 314.23 feet and a radius of 1,548.535 feet) a distance of 314.77 feet to an iron pin found; running thence southeasterly along an arc of a curve (having a chord bearing south 02 degrees 08 minutes east a distance of 170.01 feet and a radius of 4,583.662 feet) a distance of 170.02 feet to a railroad rail found; running thence south 00 degrees 59 minutes east a distance of 93.3 feet to an iron pin placed on a line being coincident with the northwest edge of Magnolia Street Viaduct (as the same has been widened); running thence northeasterly along a line being coincident with the northwest edge of Magnolia Street Viaduct (as the same has been widened) and along an arc of a curve (having a chord bearing north 60 degrees 13 minutes east a distance of 108.63 feet and a radius of 503.68 feet) a distance of 108.83 feet to the iron pin placed at THE POINT OF BEGINNING; being the property shown as containing 0.513 acre on that certain Blueprint of Survey, dated March 13, 1973, last revised June 1, 1973, prepared for Omni International, Ltd., by A. W. Browning, Georgia Registered Land Surveyor #490, to which Blueprint of Survey reference is hereby made for all purposes, and being the same property as is shown, depicted and labeled as TRACT XIII on that certain plat of survey, dated May 24, 1974, last revised October 2, 1974, made by Watts Browning, Engineers, and recorded in Plat Book 106, Page 81 in the Office of the Clerk of the Superior Court of Fulton County, Georgia, which plat is by reference incorporated herein, and also being the same property as is shown, depicted and labeled as TRACT #8 on Exhibit D to the Indenture of Lease dated April 9, 1973, between the State of Georgia acting through the State Properties Control Commission, as Lessor, and Omni International, Inc., as Lessee, which Indenture of Lease is set forth in Ga. Laws, 1973, pp. 346, et seq. (said Exhibit D being set forth at Ga. Laws, 1973, pp. 414-415).

"GA1978.1.2094">

"GA1978.1.2095">

Approved April 6, 1978.

"GA1978.1.2096">

BOUNDARY LINE AGREEMENTSSTATE FARMERS MARKET IN DILLARD, GEORGIA. No. 184 (Senate Resolution No. 237). A RESOLUTION Authorizing the State Properties Commission to enter into boundary line settlement agreements, for and on behalf of the Department of Agriculture, with property owners adjacent to the State Farmers Market in Dillard, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property, upon which is situated the State Farmers Market, Dillard, Georgia, located in Land District 2, Land Lot 162, Rabun County, Georgia, which is currently under the control of the Department of Agriculture; and WHEREAS, the exact property boundaries of said Farmers Market are uncertain due to inadequate legal descriptions contained in deeds of record for the Farmers Market and adjacent properties, lack of corner monuments of the Farmers Market property, and the abandonment of a railroad right-of-way; and WHEREAS, the adjacent property owners and the Department of Agriculture desire to reach a mutually satisfactory determination of boundary lines. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, acting for and on behalf of the State of Georgia and the Department of Agriculture, is hereby authorized to negotiate, convey and accept real property in connection with the settlement of boundary line disputes involving said State Farmers Market property, under such terms and conditions as in its judgment will best serve the State of Georgia; provided, however, that the Department of Agriculture shall approve any such agreements. Approved April 6, 1978.

"GA1978.1.2097">

TERMINATION DATE OF EMPLOYMENT AGENCY ADVISORY COUNCIL. No. 185 (Senate Resolution No. 246). A RESOLUTION Changing the scheduled termination date of the Employment Agency Advisory Council; and for other purposes. WHEREAS, an Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), provides for the termination of the Employment Agency Advisory Council on July 1, 1978, unless such Council is continued or reestablished, and provides for the termination of an Act known as the Private Employment Agencies Act, approved March 21, 1974 (Ga. Laws 1974, p. 567), unless such Act is continued or reestablished; and WHEREAS, the review of the Employment Agency Advisory Council pursuant to the Act cited above indicates that the regulation of private employment agencies is in the best interest of the public and that the functions of the Employment Agency Advisory Council should be continued. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the termination date of the Employment Agency Advisory Council as set forth in subsection (a) of Section 7 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), is hereby changed from July 1, 1978, to July 1, 1984, and the termination date of the Act known as the Private Employment Agencies Act, approved March 21, 1974 (Ga. Laws 1974, p. 567), is hereby changed from July 1, 1978, to July 1, 1984. Approved April 6, 1978.

"GA1978.1.2098">

TERMINATION DATE OF STATE BUILDING ADMINISTRATIVE BOARD. No. 186 (Senate Resolution No. 247). A RESOLUTION Changing the scheduled termination date of the State Building Administrative Board; and for other purposes. WHEREAS, an Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory AGencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), provided for the termination of the State Building Administrative Board on July 1, 1978, unless such Board is continued or reestablished; and WHEREAS, the review of the State Building Administrative Board pursuant to the Act cited above indicates said Board should be continued one year in order to give further consideration to the functions of said Board and possibly combine its functions with other regulatory boards. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the termination date of the State Building Administrative Board as set forth in subsection (a) of Section 7 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961) is hereby changed from July 1, 1978, to July 1, 1979. Approved April 6, 1978.

"GA1978.1.2099">

TERMINATION DATE OF STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS. No. 188 (Senate Resolution No. 257). A RESOLUTION Changing the scheduled termination date of the State Board of Registration for Professional Soil Classifiers; and for other purposes. WHEREAS, an Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), provides for the termination of the State Board of Registration for Professional Soil Classifiers on July 1, 1978, unless such board is continued or reestablished; and WHEREAS, the review of the State Board of Registration for Professional Soil Classifiers pursuant to the Act cited above indicates that said board should be continued until July 1, 1980, in order to give further consideration to the functions of said board. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the termination date of the State Board of Registration for Professional Soil Classifiers as set forth in subsection (a) of Section 7 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), is hereby changed from July 1, 1978 to July 1, 1980. Approved April 6, 1978.

"GA1978.1.2100">

EASEMENT TO GAF CORPORATION AUTHORIZED. No. 189 (Senate Resolution No. 259). A RESOLUTION Authorizing the State Properties Commission for and on behalf of the State of Georgia, to grant and convey to GAF Corporation, a Delaware corporation, its successors and assigns, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in the Savannah River, Chatham County, Georgia, for the construction, installation, operation, maintenance and repair of a riverbank retaining wall, a Tee Dock, 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, GAF Corporation, a Delaware corporation, is the owner of a tract of land on the Savannah River in Chatham County, Georgia, on which it proposes to construct and maintain a riverbank retaining wall, a Tee Dock, receiving, storing and loading-unloading facilities, and in connection with which it intends to receive, store and dispatch water-borne cargoes, thereby requiring berthing, docking, storage and loading-unloading facilities and improvements, including breasting dolphins, piers, warehouses, conveyor systems and loading-unloading towers; and WHEREAS, a portion of the proposed construction is to be located adjacent to the said property owned by GAF Corporation, on certain property owned by the State of Georgia, in Chatham County, Georgia; and WHEREAS, except as provided by legislative act, the State of Georgia may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through or across State-owned properties; and WHEREAS, it is deemed in the public interest of the State of Georgia for such facilities to be established, and the State of Georgia

"GA1978.1.2101">

is willing to grant and convey an easement in consideration of the monetary sum specified herein. 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 One Thousand ($1,000.00) Dollars, the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to grant to GAF Corporation, a Delaware corporation, its successors and assigns, an easement with the right and privilege to use, occupy, employ and enjoy for the purposes of constructing, installing, operating, maintaining and repairing a riverbed retaining wall, a Tee Dock and replacing berthing, docking, storage and loading-unloading towers, and all facilities and improvements including breasting dolphins, piers, warehouses, conveyor systems, and loading and 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 the initial and continuing compliance by GAF Corporation 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, over, under, upon and across the property subject to said easement, being more particularly described as follows: All that portion of the Savannah River bottom and inter-tidal land situated, lying and being in Chatham County, Georgia, containing 2.16 acres, more or less, and being described as follows: Commencing at a point known as Triangle Station `Gypsum' (x = 821,218.34, y = 770,681.79 according to the Georgia State Plane Grid System, East Zone). Thence North 74 - 04[UNK] - 18[UNK] West a distance of 193.30 feet to a point, thence North 40 - 54[UNK] - 18[UNK] West a distance of 516.57 feet to a point marked by a concrete monument located on the common boundary line between the property of Southern Railway System and property of GAF Corporation, thence North 55 - 42[UNK] - 12[UNK] East along said common boundary line extended a distance of 26 feet, more or less, to a point where said common boundary line extended intersects the high water line or

"GA1978.1.2102">

mark of the Savannah River, which point is the POINT OF BEGINNING; thence along the high water line or mark in a Northwesterly direction a distance of 403 feet, more or less, to a point where the common boundary line extended of the property of the GAF Corporation and property of the Georgia State Port intersects the high water line or mark, thence North 55 - 42[UNK] - 12[UNK] East along common boundary line extended a distance of 210 feet, more or less, to a point where said common boundary line extended intersects the South edge of the Channel of the Savannah River (as now designated by the U. S. Army Corps of Engineers), thence in a Southeasterly direction 430 feet, more or less, along the South edge of the Channel of the Savannah River (as now designated by the U. S. Army Corps of Engineers) to a point, thence South 55 - 42[UNK] - 12[UNK] West a distance of 230 feet, more or less, to the high water line or mark along a line that is parallel to and 25 feet East of the common boundary line extended between the property of Southern Railway System and property of GAF Corporation to a point, thence in a Northwesterly direction a distance of 25 feet along the high water line or mark to the intersection with the common boundary extended between the property of Southern Railway System and the property of GAF Corporation, which point is the POINT OF BEGINNING. All as will more fully appear by reference to that certain plat of said property dated May 6, 1977, made by Thomas Hutton Engineering Company, Savannah, Georgia, for GAF Corporation, a copy of which is on file in the Office of the Commissioner of the Georgia Department of Natural Resources. It is recognized that the exact location of the high water line or mark of the Savannah River fluctuates, 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 owned or rented by GAF 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. Army Corps of Engineers, be for the purpose only of improving navigation, and shall not be construed so as to permit GAF

"GA1978.1.2103">

Corporation, its successors and assigns to utilize for its benefit any of the material so dredged. The grant of easement hereunder shall be embodied in a written agreement with the State Properties Commission. BE IT FURTHER RESOLVED that said easement is made only for the purposes aforesaid and shall continue only so long as GAF Corporation, its successors and assigns, continue to maintain and operate the aforesaid facilities and should said facilities be abandoned or the use of the aforesaid purposes discontinued, said easement shall terminate. Approved April 6, 1978. PRESIDENTIAL ROUTE DESIGNATED. No. 190 (Senate Resolution No. 263). A RESOLUTION Designating a portion of the highway system in this State as the Presidential Route; and for other purposes. WHEREAS, Honorable Franklin Delano Roosevelt, the 32nd President of the United States, had a home near Warm Springs, Georgia, which is now a museum; and WHEREAS, such home known as The Little White House has become a National Shrine; and WHEREAS, Franklin D. Roosevelt State Park was named after President Roosevelt and is the largest State park in Georgia; and WHEREAS, President Jimmy Carter, the 39th President of the United States, became the first resident of this State to be accorded the honor and privilege of serving as Chief Executive of these United States; and

"GA1978.1.2104">

WHEREAS, President Carter was born on October 1, 1924 in Plains, Georgia, lived there until his recent move to the White House and currently maintains a residence there; and WHEREAS, a Tourist Center has also been constructed near Plains, Georgia; and WHEREAS, this State's most illustrious citizens, past and present, could be honored and visitors to this State would be appropriately reminded of this State's most distinguished citizens and their homes by designating a portion of the highway system of the State as the Presidential Route; and WHEREAS, that portion of the highway system is more particularly described as follows: From the point of intersection of Interstate Highway 75 and U.S. Highway 280 in Cordele, Georgia, westerly on U. S. Highway 280 to Americus, Georgia; thence westerly on U. S. Highway 280 by the State's newest Welcome Center to Plains, Georgia; thence westerly on U. S. Highway 280 to the intersection of U. S. Highway 280 and State Highway 41 in Preston, Georgia. At this intersection the `Presidential Route' diverges into two routes, one shall be designated the `Eastern Presidential Route' and one, `Western Presidential Route'. The `Eastern Presidential Route' shall proceed northerly from the intersection of U. S. Highway 280 and State Highway 41 along State Highway 41 to the intersection of State Highway 41 and U. S. Highway 27 Alternate at Manchester, Georgia. The `Western Presidential Route' shall proceed from the intersection of State Highway 41 and U. S. Highway 280, westerly along U. S. Highway 280 to the intersection of U. S. Highway 280 and State Highway 27 in Richland, Georgia; thence westerly along State Highway 27 to the intersection of State Highway 27 and U. S. Highway 27 at Lumpkin, Georgia; thence northerly along U. S. Highway 27 to the intersection of U. S. Highway 27 and U. S. Highway 27 Alternate at Columbus, Georgia; thence northerly on U. S. Highway 27 Alternate to the aforementioned intersection of U. S. Highway 27 Alternate and State Highway 41 at Manchester, Georgia, where the `Eastern Presidential Route' and `Western Presidential Route' shall converge. From this intersection the `Presidential Route' shall proceed northerly along U. S. Highway 27 Alternate to Warm Springs, Georgia, site of the Little White House, home of Franklin Delano

"GA1978.1.2105">

Roosevelt; thence northerly along U. S. Highway 27 Alternate to its end at the intersection of U. S. Highway 27 Alternate and Interstate Highway 85 south of Newnan, Georgia.; and WHEREAS, the above described portion of the highway system in this State is in excellent condition and has beautiful surrounding countryside; and WHEREAS, such a designation of this portion of the highway system would more effectively divert traffic from overcrowded Interstate 75. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the above described portions of the highway system of Georgia are hereby designated as the Presidential Route. BE IT FURTHER RESOLVED that subject to funding the State Department of Transportation is hereby authorized and directed to erect appropriate signs and markers along such portions of the highways making up the Presidential Route. 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 Commissioner of the Department of Transportation. Approved April 6, 1978.

"GA1978.1.2106">

TERMINATION DATE OF GEORGIA AUCTIONEERS COMMISSION. No. 191 (Senate Resolution No. 267). A RESOLUTION Changing the scheduled termination date of the Georgia Auctioneers Commission; and for other purposes. WHEREAS, an Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), provides for the termination of the Georgia Auctioneers Commission on July 1, 1978, unless such commission is continued or reestablished; and WHEREAS, the review of the Georgia Auctioneers Commission pursuant to the Act cited above indicates that said commission should be continued until July 1, 1980, in order to give further consideration to the functions of said commission. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the termination date of the Georgia Auctioneers Commission as set forth in subsection (a) of Section 7 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), is hereby changed from July 1, 1978 to July 1, 1980. Approved April 6, 1978.

"GA1978.1.2107">

SERVICES FOR THE AGED STUDY COMMITTEE CREATED. No. 192 (Senate Resolution No. 283). A RESOLUTION Creating the Services for the Aged Study Committee; and for other purposes. WHEREAS, Senate Resolution 27 of the regular 1977 Session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1977; and WHEREAS, the Services for the Aged Study Committee during 1977 engaged in a number of activities to assess the needs of the elderly and the adequacy of existing programs to meet these needs and prepared a comprehensive report with recommendations for needed action by the State; and WHEREAS, members of the Services for the Aged Study Committee recognized that the Committee work during 1977 was only a small beginning toward developing 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 1977, the General Assembly recognizes the need for continued study of services for the aged, especially in the areas of: taxation, transportation, home care and social services, mandatory retirement laws, nursing homes, health care, crimes against the elderly laws, housing and energy, employment, recreation, education, gerontological and geriatric training, protective services, and clarification of federal and State rules and regulations; and WHEREAS, continued examination of aging service programs in both the public and private sectors is needed so as to make meaningful recommendations for improving and expanding services and legislation in the above areas; and WHEREAS, meeting the needs of Georgia's elderly citizens is of utmost importance, requiring optimum legislative input and study.

"GA1978.1.2108">

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY 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 1977, and shall conduct a thorough study of the needs of the aged, devoting particular attention to the following areas: (1) taxation; (2) transportation; (3) home care and social services; (4) mandatory retirement laws; (5) nursing homes; (6) health care; (7) crimes against the elderly laws; (8) housing and energy; (9) consumer affairs; (10) legal services; (11) employment and education; (12) recreation; (13) gerontological and geriatric training; (14) protective services; (15) clarification of federal and State rules and regulations;

"GA1978.1.2109">

(16) 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 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, 1979, at which time the Committee shall stand abolished. Such report shall contain needs of the aged along with recommendations as to how to facilitate participation of the aged in any new or standing programs. Approved April 6, 1978.

"GA1978.1.2110">

PLAN FOR THE DEVELOPMENT OF SERVICES TO TROUBLED CHILDREN. No. 193 (Senate Resolution No. 290). A RESOLUTION Requiring the creation of a plan for the development of services to troubled children and their families and creation of an interagency task force to coordinate and maximize services to such children; and for other purposes. WHEREAS, children are the most important resource of any society and troubled children both suffer in their own right and represent a wastage of our most important resource; and WHEREAS, a need exists to plan for the development of services to troubled children and their families, and to maximize cooperation and coordination among various State departments in their development and delivery of such services so as to achieve a maximum utilization of resources. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Education and the Department of Human Resources jointly develop, with input from the Department of Natural Resources, the Department of Offender Rehabilitation, the Department of Labor, and with citizen input, a plan to locate existing services to troubled children and the capacity of such services, to identify gaps in such service needs, to determine the best methods of filing such gaps and a timetable therefor, to provide for the coordination of resources between various departments of State government, and to plan for future development of services by geographic areas, including cost estimates for such development. The development of such plan shall be monitored by the Senate Human Resources Committee and the House Health and Ecology Committee, which committees may meet jointly to consider such plan. No later than December 31, 1978, the plan shall be submitted to the Governor, Lieutenant Governor, Speaker of the House, and to the Senate and House Appropriations Committees, the Senate and House Education Committees, the Senate Human Resources Committee, and the House Health and Ecology Committee.

"GA1978.1.2111">

BE IT FURTHER RESOLVED that there is hereby created an interagency task force of the heads of the Departments of Human Resources, Natural Resources, Education, Labor and Offender Rehabilitation. The task force shall meet as necessary to develop plans and procedures for maximizing services to troubled children and to minimize interdepartmental conflicts and duplication in the delivery of services to such children, and to implement the plans and procedures thereby developed. Approved April 6, 1978. JOINT STOP DRUGS AT THE SOURCE STUDY COMMITTEE CREATED. No. 194 (Senate Resolution No. 292). A RESOLUTION Creating the Joint Stop Drugs at the Source Study Committee; and for other purposes. WHEREAS, the incidence of drug abuse has increased drastically in the State of Georgia during the last few years; and WHEREAS, the only possible solution to the problem of illegal drugs is to stop these illegal drugs at the source; and WHEREAS, in 1972, the members of the Georgia General Assembly adopted a resolution urging all citizens of the State of Georgia to sign the petition entitled Stop Drugs at the Source; and WHEREAS, this petition was probably the most educational exercise students could be involved in which is aimed at eliminating drug abuse in our State and nation; and

"GA1978.1.2112">

WHEREAS, the Stop Drugs at the Source Organization has grown and been so successful that the Federal Government is utilizing some of the organization's techniques and procedures to stop the traffic of illegal drugs; and WHEREAS, the Federal Government has designated Coweta County as the place for a pilot program relative to stopping drugs at the source. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Stop Drugs at the Source Study Committee to be composed of 30 members to be selected as follows: 15 members of the Senate who shall be appointed by the President of the Senate and 15 members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. The Joint Committee shall study the drug problem in the State, monitor the pilot program in Coweta County, cooperate with the Stop Drugs at the Source Organization in Georgia, and make recommendations to the General Assembly relative to needed legislation in the illegal drug area. 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 member of the Committee shall receive for his services on the Committee the expenses and allowances authorized by law for members of interim legislative committees, but shall receive the same for not more than five days. Approved April 6, 1978.

"GA1978.1.2113">

GEORGIA SCHOOL LAW RECODIFICATION COMMITTEE. No. 195 (Senate Resolution No. 297). A RESOLUTION Creating the Georgia School Law Recodification Committee to study the recodification of the Georgia School Laws; and for other purposes. WHEREAS, the Georgia School Laws have not been recodified since 1932; and WHEREAS, many sections of the Georgia School Laws are duplicative of others; and WHEREAS, the authority and duties of some educational agencies and officials are repeated frequently; and WHEREAS, the role and responsibilities of some educational agencies and officials are not clearly specified in some instances; and WHEREAS, the interrelationships between and among the various educational agencies and officials are uncertain in some instances; and WHEREAS, some sections of the Georgia School Laws are clearly inconsistent or in conflict with current educational practice in the State; and WHEREAS, it is frequently difficult for laymen and educators alike to find necessary references in School Laws or to understand the content once the appropriate reference is found; and WHEREAS, Article VIII of the Georgia Constitution concerning public education is scheduled for revision by 1982 and an effort to recodify Georgia's Schools' Laws would be consistent and supportive of the Constitutional Revision; and WHEREAS, a concise, current, and clearly defined codification of Georgia School Laws would guide the development and operation

"GA1978.1.2114">

of the State's public education efforts, it is only fitting and proper that a study with respect to the recodification of Georgia School Laws be undertaken. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Georgia School Law Recodification Committee. The Committee shall be comprised of five citizens and educators appointed by the Governor, two members of the House of Representatives appointed by the Speaker of the House; two members of the Senate appointed by the President of the Senate, and two officials of the Georgia Department of Education appointed by the State Superintendent of Schools. The Governor shall designate one member to be Chairman, and the Committee shall meet upon the call of the Chairman. The Committee shall conduct a study of the Georgia School Laws and recommend to the General Assembly a recodification of the School Laws which will be concise, clear, and easily used and understood by educators and laymen alike. The Committee shall also recommend legislative changes which would eliminate unnecessary duplications, would clarify interrelationships between and among educational agencies and officials; would clarify the authority, the roles and the responsibilities of educational agencies and officials; and would repeal outdated provisions. The Committee shall be assisted in its study by one or more legal consultants under contract to the Georgia Department of Education for this purpose; provided, however, that the selection of such consultants are subject to the approval of the Governor and the Attorney General of the State. The legislative members of the Committee shall receive the compensation and allowances which are authorized by law for members of interim legislative study committees, which shall be paid from the funds appropriated and available to the legislative branch of State government. The other members of the Committee shall be reimbursed for their actual expenses incurred in the discharge of the official duties of the Committee for meals, lodging and travel. When traveling by private passenger motor vehicle, members, other than legislative members, shall receive that mileage allowance authorized by law for State officials and employees for the use of their private passenger motor vehicle. Except as otherwise provided as to legislative members, the funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated and available to the State Department of Education. The Committee shall submit its final report of its study and its recommendations for proposed

"GA1978.1.2115">

recodification and legislative changes to the Governor and to the General Assembly on or before January 15, 1980, at which time the Committee shall stand abolished. Approved April 6, 1978. CHARGE TO COORDINATING COMMITTEE FOR EXCEPTIONAL INDIVIDUALS. No. 196 (Senate Resolution No. 298). A RESOLUTION A charge to the Coordinating Committee for Exceptional Individuals; and for other purposes. WHEREAS, the Adequate Program for Education in Georgia Act, which was adopted in 1974, established the Coordinating Committee for Exceptional Individuals consisting of representation from the Departments of Education and Human Resources; and WHEREAS, legislation has been introduced to expand the Coordinating Committee to include representation from the Department of Offender Rehabilitation; and WHEREAS, Public Law 94-142, relating to the education of handicapped individuals, has an implementation date of September 1, 1978, as it applies to handicapped individuals between the ages of 6 and 17; and WHEREAS, the same Public Law, as it also applies to handicapped individuals between the ages of 3 and 21, has an implementation date of September 1, 1980; and WHEREAS, the State mandate to serve all handicapped individuals of school age nears full implementation and will be implemented as resources become available; and

"GA1978.1.2116">

WHEREAS, the implementation of Public Law 94-142 and the State mandate has created confusion for local school systems relative to the respective roles and responsibilities of affected State agencies. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Coordinating Committee for Exceptional Individuals make a concerted effort over the ensuing twelve months to address the following issues: 1. Adopt uniform practices and procedures regarding the release of confidential information to member agencies or their local units which are receiving clients being transferred from another member agency, 2. Delineate the roles of the various member agencies and their local units with regard to handicapped individuals, 3. Identify and resolve issues relative to operational overlap between member agencies, 4. Develop procedures which promote cooperation and sharing of information among member agencies and their local units, and 5. Develop procedures designed to ensure that each handicapped individual is provided adequate and appropriate services. BE IT FURTHER RESOLVED that each agency which is a member of the Coordinating Committee for Exceptional Individuals shall be responsible for informing respective local units, at the earliest possible time, of any and all agreements and understandings which result from the deliberations of the Coordinating Committee. Approved April 6, 1978.

"GA1978.1.2117">

EASEMENT TO METROPOLITAN ATLANTA RAPID TRANSIT SYSTEM AUTHORIZED. No. 197 (Senate Resolution No. 316). A RESOLUTION Authorizing and empowering the State Properties Commission to act for and on behalf of and in the name of the State of Georgia with respect to the grant of an easement in and to, and with respect to certain acts and transactions involving, certain State-owned real property facing Peachtree Street, International Boulevard (formerly known as Cain Street) and Spring Street in the City of Atlanta, Fulton County, Georgia; providing an effective date; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property which faces Peachtree Street, International Boulevard (formerly known as Cain Street) and Spring Street in the City of Atlanta, Fulton County, Georgia, and which is commonly referred to and known as the Henry Grady Hotel Property or the Old Governor's Mansion Site Property (said real property being hereinafter referred to as the Hotel Property); and WHEREAS, the Hotel Property is subject to that certain lease by and between the State of Georgia, acting through the State Properties Control Commission, as lessor, and the Jamestown Shopping Center, Inc., a Georgia corporation, as lessee, dated July 25, 1969, and accepted and set forth in Ga. Laws 1969, commencing at Page 432, as amended by that certain Amendment to Indenture of Lease Dated July 25, 1969, Between the State of Georgia as Lessor and Jamestown Shopping Center, Inc., as Lessee Concerning Property Known as the `Henry Grady Hotel Property or Old Governor's Mansion Site Property', dated April 6, 1972, and set forth in Ga. Laws 1972, commencing at Page 1578 (said Lease as amended by said Amendment and by any other amendments to said Lease, whether or not of record, being hereinafter referred to as the Hotel Property Lease); and WHEREAS, the Lessee's interest in said Hotel Property Lease is now held by the Peachtree Hotel Company, a Georgia Limited Partnership, by virtue of an Assignment, dated March 8, 1973, and an Assignment, dated December 22, 1976; and

"GA1978.1.2118">

WHEREAS, the Peachtree Plaza Hotel is presently located upon the Hotel Property; and WHEREAS, under Paragraph Eighty-eight (88) of Article XIV of the Hotel Property Lease, the State Properties Control Commission is authorized to act for and on behalf of the State of Georgia in the performance, discharge and fulfillment of the provisions, covenants, terms, conditions, undertakings, duties and obligations of the Hotel Property Lease, and in the granting of any consents provided under the Hotel Property Lease; and WHEREAS, the State Properties Commission is the successor in law to the State Properties Control Commission pursuant to Section 1 of the State Properties Code of Georgia, Ga. Laws 1975, commencing at Page 1092, and has custody and control of the Hotel Property to the extent set forth in the said State Properties Code; and WHEREAS, the Metropolitan Atlanta Rapid Transit Authority (hereinafter referred to as MARTA) has expressed a requirement for an easement in and to a subterranean portion of the Hotel Property in connection with the construction and operation of the proposed MARTA rapid transit system and of the proposed MARTA rapid transit station to be located in the vicinity of the Hotel Property; and WHEREAS, the power to deal with and dispose of State-owned real property and interests or estates therein, including the Hotel Property and interests or estates therein, is vested in the General Assembly of the State of Georgia; and WHEREAS, the General Assembly may and has heretofore delegated, by virtue of Acts and Resolutions of the General Assembly, to certain State departments, agencies, commissions and boards so much of its aforementioned power as the General Assembly in its wisdom has deemed necessary and appropriate under the circumstances in each instance. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

"GA1978.1.2119">

Section 1. That the State Properties Commission (hereinafter referred to as the Commission) is hereby authorized and empowered to, without prior public competitive bidding, grant, bargain, sell, and convey, for and on behalf of and in the name of the State of Georgia, to MARTA, its successors and assigns, an exclusive, permanent, perpetual easement (hereinafter referred to as the Easement) in and to that portion of the Hotel Property described below: BEGINNING at a point located at the intersection formed by the westerly right-of-way line of Peachtree Street with the southerly right-of-way line of International Boulevard (formerly known as Cain Street); thence running southerly, along the westerly right-of-way line of Peachtree Street, 143.00 feet to a point; thence running westerly along a line forming an interior angle of 9029[UNK]20[UNK] with the preceding course, 14.57 feet to a point; thence running north 0048[UNK]08[UNK] east 142.98 feet to a point located on the southerly right-of-way line of International Boulevard; thence running easterly, along the southerly right-of-way line of International Boulevard, 14.87 feet to the POINT OF BEGINNING. Less and except that portion of the above-described property located above 1,015 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level. (Said portion of the Hotel Property, as described above, being hereinafter referred to as the Easement Area), for all purposes necessary or incidental to MARTA's installation, maintenance, testing, repair, replacement, inspection and other use of all such rockbolts or other devices as may be necessary or convenient in order to support, and in order to preserve the structural integrity of, those walls, tunnels, tunnel ceilings, and other subterranean rapid transit-related facilities to be constructed by MARTA beneath the surface of the land adjacent to or in the vicinity of the Easement Area. Section 2. The Easement shall be granted upon such terms and conditions as the Commission may deem necessary in order to preserve and protect the interests of the State of Georgia and in order to preserve and protect MARTA's use and enjoyment of the Easement Area pursuant to the Easement; provided, however, that it is hereby expressly acknowledged that the grant of the Easement by the State to MARTA, being necessary and appropriate to facilitate the accomplishment of MARTA's purposes as set forth in the Metropolitan

"GA1978.1.2120">

Atlanta Rapid Transit Authority Act of 1965, Ga. Laws 1965, commencing at Page 2243, as amended, is in the best interests of the State, and provided further that the Commission is therefore authorized and empowered to grant, bargain, sell and convey the Easement to MARTA for the sole consideration of the benefits to be derived by the State from MARTA's accomplishment of its aforesaid purposes. Section 3. That, in addition to the foregoing authorization with respect to the grant of the Easement, the Commission is hereby authorized and empowered, without the necessity of prior public competitive bidding, to act for and on behalf of and in the name of the State of Georgia with respect to such acts and transactions involving or affecting the Hotel Property as are necessary or convenient, in the discretion of the Commission, to achieve the objective of satisfying, insofar as is possible consistent with the best interests of the State, the requirements of MARTA in connection with the construction and operation of the proposed MARTA rapid transit system and of the proposed MARTA rapid transit station to be located in the vicinity of the Hotel Property. Section 4. That such authorization in Section 3 of this Resolution shall in no event be deemed to limit the authority of the Commission to act for and on behalf of the State of Georgia under the Hotel Property Lease. Section 5. That the Chairman of the Commission, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized and empowered to execute such written instrument(s) of conveyance as shall be necessary to effect the grant of the Easement pursuant to this Resolution and to execute such other contracts, contract amendments, instruments, and documents and to do such other acts as may be necessary or convenient in order to effect any and all acts and transactions authorized by this Resolution. Section 6. That this Resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 6, 1978.

"GA1978.1.2121">

CONVEYANCES OF LAND TO CHATTANOOGA HOUSING AUTHORITY. No. 198 (Senate Resolution No. 329). A RESOLUTION Authorizing the sale and conveyance by the State of Georgia, acting by and through the State Properties Commission, hereinafter throughout this Resolution sometimes referred to as the Commission, of certain State-owned real property, hereinafter throughout this Resolution referred to as the 9th Street Property, more particularly described in EXHIBIT A attached hereto, incorporated in and by reference made a part hereof, and shown on that certain December 2, 1963, last revised September 10, 1972, plat of survey prepared by State Highway Department of Georgia, more particularly Joe V. Evans and John O. Rosser, Jr., Georgia Registered Land Surveyors, and entitled PROPERTY OF STATE OF GEORGIA WA RAILROAD, copy of which is on file in the offices of the Commission, located South of 9th Street and between Market and Broad Streets in the City of Chattanooga, Hamilton County, Tennessee, to the Chattanooga Housing Authority for a cash consideration of $460,000.00 and upon such other terms and conditions as shall be prescribed by the Commission; authorizing and empowering the Chairman of the Commission, being the Governor of the State of Georgia, to execute and cause to be delivered a proper deed of conveyance, without warranty, and any other proper instruments pertaining to the said sale and conveyance of the 9th Street Property; authorizing and empowering the Secretary of the Commission, being the Secretary of State of the State of Georgia, to attest the signature of the said Chairman and to attach the Great Seal of the State to said proper deed of conveyance, without warranty, and to any other such proper instruments pertaining to the said sale and conveyance of the 9th Street Property; to provide an effective date; and for other purposes.

"GA1978.1.2122">

WHEREAS, by Resolution Act No. 11 (House Resolution No. 309-1113), Ga. Laws 1977, p. 926, the 1977 Regular Session of the General Assembly of the State of Georgia authorized the Commission, acting for and on behalf of the State of Georgia, to negotiate with the lessees and sublessees of the 9th Street Property 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 the 9th Street Property may be sold to the Chattanooga Housing Authority following the adoption of an appropriate Resolution by the General Assembly of Georgia; and WHEREAS, the Commission has obtained an appraisal of the interest of the State of Georgia in and to the 9th Street Property, which appraisal indicates the value of the interest of the State of Georgia to be $460,000.00; and WHEREAS, through negotiations between the Commission and the Chattanooga Housing Authority, the Chattanooga Housing Authority has agreed to purchase all the right, title and interest of the State of Georgia in and to the 9th Street Property for a cash consideration of $460,000.00; and WHEREAS, at its meeting held on December 13, 1977, the Commission resolved to recommend to the General Assembly of the State of Georgia that the 9th Street Property be sold and conveyed to the Chattanooga Housing Authority for a cash consideration of $460,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia is the owner of the 9th Street Property and that in the hereinafter authorized transaction the State of Georgia, as Seller and Grantor, is acting by and through the State Properties Commission. BE IT FURTHER RESOLVED that the State Properties Commission is hereby authorized and empowered to convey by proper deed of conveyance, without warranty, all of the right, title and interest of the State of Georgia in and to the 9th Street Property to the Chattanooga Housing Authority for a cash consideration of $460,000.00 and upon such other terms and conditions as shall be prescribed by the State Properties Commission.

"GA1978.1.2123">

BE IT FURTHER RESOLVED that the Chairman of the Commission, being the Governor of the State of Georgia, is hereby authorized and empowered to execute and cause to be delivered said proper deed of conveyance, without warranty, and any other proper instruments pertaining to the said sale and conveyance of the 9th Street Property; and that the Secretary of the Commission, being the Secretary of State of the State of Georgia, is hereby authorized and empowered to attest the signature of the said Chairman and to attach the Great Seal of the State to said proper deed of conveyance, without warranty, and to any other such proper instruments pertaining to the said sale and conveyance of the 9th Street Property. BE IT FURTHER RESOLVED that this Resolution shall become effective, as law, immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 6, 1978. CONVEYANCE OF LAND TO CHATTANOOGA HOUSING AUTHORITY. No. 199 (Senate Resolution No. 335). A RESOLUTION Authorizing the sale and conveyance by the State of Georgia, acting by and through the State Properties Commission, hereinafter throughout this Resolution sometimes referred to as the Commission, of all of that certain real property owned by the State of Georgia, hereinafter throughout this Resolution referred to as the 11th Street Property, located generally South of 11th Street and West of Market Street in the City of Chattanooga, Hamilton County, Tennessee, to the Chattanooga Housing Authority for a cash consideration to be determined by the Commission, provided, however, such cash consideration shall not be less than the appraised value of $345,000.00 and upon such other terms and conditions

"GA1978.1.2124">

as shall be prescribed by the Commission; authorizing and empowering the Chairman of the Commission, being the Governor of the State of Georgia, to execute and cause to be delivered a proper deed of conveyance, without warranty, and any other proper instruments pertaining to the said sale and conveyance of the 11th Street Property; authorizing and empowering the Secretary of the Commission, being the Secretary of State of the State of Georgia, to attest the signature of the said Chairman and to attach the Great Seal of the State to said proper deed of conveyance, without warranty, and to any other such proper instruments pertaining to the said sale and conveyance of the 11th Street Property; providing an effective date; and for other purposes. WHEREAS, by Resolution Act No. 11 (House Resolution No. 309-1113), Ga. Laws 1977, p. 926, the 1977 Regular Session of the General Assembly of the State of Georgia authorized the Commission, acting for and on behalf of the State of Georgia, to negotiate with the lessees and sublessees of the 11th Street Property 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 the 11th Street Property may be sold to the Chattanooga Housing Authority following the adoption of an appropriate Resolution by the General Assembly of Georgia; and WHEREAS, the Commission has obtained an appraisal of the 11th Street Property, which appraisal indicates the value of the 11th Street Property, considering the removal of certain utilities, to be $345,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that the State of Georgia is the owner of the 11th Street Property and that in the hereinafter authorized transaction the State of Georgia, as Seller and Grantor, is acting by and through the State Properties Commission. BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that the State Properties Commission is hereby authorized and empowered to negotiate with the Chattanooga Housing Authority and any other proper person for the sale and conveyance of the 11th Street Property to the Chattanooga Housing Authority and to convey by proper deed of conveyance,

"GA1978.1.2125">

without warranty, all of the right, title and interest of the State of Georgia in and to the 11th Street Property to the Chattanooga Housing Authority for a cash consideration to be determined by the State Properties Commission; provided, however, that the cash consideration for the sale and conveyance of the 11th Street Property shall not be less than the current appraised value of $345,000.00 and upon such other terms and conditions as shall be prescribed by the Commission. BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that the Chairman of the Commission, being the Governor of the State of Georgia, is hereby authorized and empowered to execute and cause to be delivered said proper deed of conveyance, without warranty, and any other proper instruments pertaining to the said sale and conveyance of the 11th Street Property; and that the Secretary of the Commission, being the Secretary of State of the State of Georgia, is hereby authorized and empowered to attest the signature of the said Chairman and to attach the Great Seal of the State to said proper deed of conveyance, without warranty, and to any other such proper instruments pertaining to the said sale and conveyance of the 11th Street Property. BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that this Resolution shall become effective, as law, immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 6, 1978.

"GA1978.1.2126">

STATE PROPERTIES COMMISSION RESOLUTION AMENDED. No. 202 (House Resolution No. 237-898). A RESOLUTION Amending Resolution No. 62 (House Resolution No. 113-434) of the General Assembly of Georgia, Ga. Laws 1975, p. 1558, so as to reduce from nine (9) to eight (8) the number of State Properties Commission members whose affirmative vote is required to approve all contracts and contract amendments, sales, leases, exchanges and other dispositions of certain State-owned real property, or any lease thereof, or any interest or estate therein, or any portion of said State-owned real property, or any lease thereof, or any interest or estate therein, authorized by said Resolution No. 62 (House Resolution No. 113-434); to provide for an effective date; and for other purposes. WHEREAS, Resolution No. 62 (House Resolution No. 113-434) of the General Assembly of Georgia, Ga. Laws 1975, p. 1558 (hereinafter referred to as the 1975 Resolution), among other subject matters, authorizes and empowers the State Properties Commission to act for and on behalf of and in the name of the State of Georgia with respect to such transactions involving or affecting certain State of Georgia-owned real property as are necessary, in the discretion of the State Properties Commission, to achieve certain objectives, towit, the satisfaction, insofar as is possible consistent with the best interests of the State of Georgia, of certain requirements of the Metropolitan Atlanta Rapid Transit Authority and the City of Atlanta for portions of the aforesaid State of Georgia-owned real property; and WHEREAS, the 1975 Resolution, in Subsection 1(c) thereof, defines the word Property as meaning the State of Georgia-owned real property located in Atlanta, Georgia, along the Western and Atlantic Railroad and within an area bounded generally by the following streets: on the southeast by Central Avenue, on the northeast by Decatur Street and Marietta Street, on the northwest by Simpson Street, on the west by Elliott Street and on the southwest by Hunter Street; and

"GA1978.1.2127">

WHEREAS, the 1975 Resolution, in Subsection 1(f) thereof, defines the word Commission as meaning the State Properties Commission created in subsection 91-104a(a) of the State Properties Code of Georgia; and WHEREAS, the 1975 Resolution provides, in Section 4 thereof, That all contracts and contract amendments, sales, leases, exchanges and other dispositions of the Property, or any lease thereof, or any interest or estate therein, or any portion of the Property, or any lease thereof, or any interest or estate therein, authorized by this Resolution, shall be approved by the affirmative vote of nine (9) members of the Commission present at a meeting of the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the 1975 Resolution, Ga. Laws 1975, p. 1558, is hereby amended by striking the period (.) from Subsection 1(f) and by inserting in lieu of said period the words and punctuation , as amended from time to time., so that, when so amended, said Subsection 1(f) shall read as follows: (f) The word Commission shall mean the State Properties Commission created in subsection 91-104a(a) of the State Properties Code of Georgia, as amended from time to time. Section 2 . That the 1975 Resolution, Ga. Laws 1975, p. 1558, is hereby further amended by striking from Section 4 the word, punctuation, and number nine (9) and by inserting in lieu thereof the word, punctuation, and number eight (8), so that, when so amended, said Section 4 shall read as follows: Section 4. That all contracts and contract amendments, sales, leases, exchanges and other dispositions of the Property, or any lease thereof, or any interest or estate therein, or any portion of the Property, or any lease thereof, or any interest or estate therein, authorized by this Resolution, shall be approved by the affirmative vote of eight (8) members of the Commission present at a meeting of the Commission.

"GA1978.1.2128">

Section 3 . That the 1975 Resolution, as amended hereby, shall remain in full force and effect. Section 4 . That this Resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 6, 1978. LAND CONVEYANCE TO GRADY M. SCONYERS AND MRS. CORTEZ H. SCONYERS. No. 203 (House Resolution No. 272-984). A RESOLUTION Authorizing the conveyance of certain State-owned real property located within Turner County to Mr. Grady M. Sconyers and Mrs. Cortez H. Sconyers; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Turner County; and WHEREAS, said real property, now administered by the Georgia Forestry Commission, comprises approximately 1.5 acres, more or less, and is more particularly described as follows: All that tract or parcel of land lying and being in Turner County, Georgia, being 1.5 acres more or less of original land lot number 18 in the 6th land district in Turner County contained within the following boundaries. Beginning at the S.E. corner of Land Lot No. 18 and thence running N 81 W 1728[UNK] to the N.E. Corner of concrete side rail end post. Thence running N 20 W 3027 1/2[UNK] to a concrete corner post which is the S.W. corner of property and is further described as being joining the right of way of Interstate Highway #75. Thence running N 65 40[UNK] E for a distance of 49[UNK] to a

"GA1978.1.2129">

concrete post along the right of way of a dirt road. This is the S.E. corner of the property. Thence running N 13 30[UNK] W for a distance of 302[UNK] to a concrete post along right of way of dirt road. Thence running N 1 25[UNK] E for a distance of 101 1/2[UNK] to a concrete post. Thence running S 72 31[UNK] W for a distance of 247 1/2[UNK] to a concrete post joining Interstate highway right of way, which is the N.W. corner of property. Thence running S 30 46[UNK] E for a distance of 500[UNK] to a concrete post which is the point of beginning.; and WHEREAS, in 1968, Mr. Grady M. Sconyers and Mrs. Cortez H. Sconyers deeded such real property to the State of Georgia for and in consideration of the sum of $1.00; and WHEREAS, said real property is not now being used by the State and is therefore surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, or any Commission which succeeds to its responsibilities, is hereby authorized to convey the above described property to Mr. Grady M. Sconyers and Mrs. Cortez H. Sconyers for and in consideration of the sum of $1.00. 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 April 6, 1978.

"GA1978.1.2130">

DISPLACED HOMEMAKERS ADVISORY COUNCIL CREATED, ETC. No. 204 (House Resolution No. 438-1274). A RESOLUTION Providing that the State Department of Human Resources, in cooperation with certain interested groups, may formulate plans to set up service programs for displaced homemakers in rural and urban areas; and for other purposes. WHEREAS, homemakers are an unrecognized and unpaid part of the national work force who make an invaluable contribution to the welfare and economic stability of the nation but who receive no health, retirement, or unemployment benefits as a result of their labor; and WHEREAS, an increasing number of homemakers are displaced in their middle years from their family role and left without any source of financial security because of divorce, the death of their spouse, or the loss of family income; and WHEREAS, displaced homemakers often are subject to discrimination in employment because of age, sex, and lack of any recent paid work experience; and WHEREAS, displaced homemakers often are without any other source of income because they are ineligible for social security benefits because they are too young, or because they are divorced from the family wage earner, or they are ineligible for federal welfare assistance if they are not physically disabled and their children are past a certain age, or they are ineligible for unemployment insurance because they have been engaged in unpaid labor in the home; and WHEREAS, necessary training, counseling, and services need to be made available to displaced homemakers so that they may enjoy the independence and economic security vital to a productive life. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Human

"GA1978.1.2131">

Resources, by December 31, 1978, may formulate a plan for displaced homemakers. BE IT FURTHER RESOLVED that such a plan shall be designed to provide case findings, screening, job counseling, training and placement services, health education services, financial management services, health counseling, and educational services by establishing service programs for identifying persons in need of such service and by coordinating the activities of each operating DHR division with other necessary private and public agencies so as to ensure all required services offered are accessible to displaced homemakers. BE IT FURTHER RESOLVED that there is hereby created the Displaced Homemakers Advisory Council for the purpose of advising the State Department of Human Resources in the formulation of the plans required by this Resolution. The members of said Council shall serve without compensation and without reimbursement for expenses from the State. This Council shall be composed of twelve persons, with one person designated to serve thereon by each of the following organizations: The Georgia Federation of Business and Professional Women's Clubs, Inc., American Association of Retired Persons of Georgia, National Retired Teachers' Association of Georgia, Georgia Federation of Women's Clubs, League of Women Voters of Georgia, National Council of Jewish Women, Atlanta Section, Georgia Nurses Association, Inc., Georgia Home Economics Association, Junior Leagues of Georgia,

"GA1978.1.2132">

Georgia Division of the American Association of University Women, Parent-Teacher Association of Georgia, and Church Women United of Georgia. BE IT FURTHER RESOLVED that the State Department of Human Resources may complete a plan, referred to by this Resolution, on or before December 31, 1978, at which time the Displaced Homemakers Advisory Council shall be abolished. BE IT FURTHER RESOLVED that no plan adopted under the provisions of this Resolution shall be implemented and no funds or other resources shall be expended under said plan until the adoption, implementation and funding for such plan has been approved by the General Assembly of Georgia. Approved April 6, 1978. LAND CONVEYANCE IN WHITFIELD COUNTY. No. 207 (House Resolution No. 464-1314). A RESOLUTION Authorizing the disposal of a tract of State-owned property; and for other purposes. WHEREAS, a portion of the Western and Atlantic Railroad property is not required for the purposes of said railroad and is, therefore, surplus property to the State of Georgia; and WHEREAS, said tract is more particularly described as follows:

"GA1978.1.2133">

ALL THAT TRACT OR PARCEL OF LAND containing 11 acres, more or less, lying and being in Land Lot 352 of the 12th District, 3rd Section, Whitfield County, Georgia, and being more particularly described as parcel no. 7 of the Western and Atlantic Railroad Valuation Map No. V2/45 as filed in the State of Georgia Archives Building, Fulton County, Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission or its successor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract of land subject to the following conditions: (1) that said tract of land shall be conveyed to the highest bidder as provided by law; (2) that the conveyance of the said tract of land shall be approved by and the plat of survey be confirmed by the State Properties Commission or its successor; and (3) that the consideration for said conveyance shall not be less than the highest of two fair and accurate appraisals of the value of said tract of land, which shall be obtained by the State Properties Commission. Approved April 6, 1978.

"GA1978.1.2134">

SELECT COMMITTEE ON CONSTITUTIONAL REVISION AMENDED. No. 210 (House Resolution No. 480-1349). A RESOLUTION Amending a Resolution creating the Select Committee on Constitutional Revision, approved March 30, 1977 (Ga. Laws 1977, p. 1528), so as to change the provisions relative to study committees; to change the provisions relative to allowances for members of the Select Committee and study committees; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. A Resolution creating the Select Committee on Constitutional Revision, approved March 30, 1977 (Ga. Laws 1977, p. 1528), is hereby amended by adding before the last sentence of the second paragraph the following: The Committee may appoint a member or members of the Committee to each of the study committees created by it., so that when so amended the second paragraph shall read as follows: 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 may appoint a member or members of the Committee to each of the study committees created by it. The Committee shall periodically review the progress

"GA1978.1.2135">

of the study committees and establish a time for the completion of the revision of each Article. Section 2. Said Resolution is further amended by striking the fifth paragraph in its entirety and inserting in lieu thereof a new fifth paragraph, to read as follows: Members of the General Assembly on the Committee shall receive the allowances authorized by law for legislative 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. Such reimbursement shall come from the same funds from which they are otherwise compensated. Members of the General Assembly on study committees shall receive the allowances authorized by law for legislative members of interim legislative committees. In the event any person covered under the provisions of (b) or (c) of Code Section 26-2309 serves as a member of a study committee, such person shall receive no compensation or allowances for his services but shall be reimbursed for his expenses incurred in carrying out his duties. Such reimbursement shall come from the same funds from which such person is otherwise compensated. All other members of study committees shall receive the allowances authorized by law for legislative members of interim legislative committees. Except as otherwise provided, 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. The provisions of any other law to the contrary notwithstanding, neither the payment nor the receipt of any allowances from legislative funds pursuant to the provisions of this Resolution shall constitute a violation of any law. Section 3. This Resolution 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 Resolution are hereby repealed. Approved April 6, 1978.

"GA1978.1.2136">

TERMINATION DATE OF STATE BOARD OF GEOLOGISTS EXAMINERS. No. 216 (House Resolution No. 490-1423). A RESOLUTION Continuing the State Board of Geologists Examiners; and for other purposes. WHEREAS, the Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), terminates the State Board of Geologists Examiners on July 1, 1978, unless continued by action of the General Assembly; and WHEREAS, the aforesaid Act authorizes the continuation of said Board for a period not exceeding six years; and WHEREAS, the General Assembly finds that the State Board of Geologists Examiners should be continued until July 1, 1981; and WHEREAS, the General Assembly finds that the laws relative to said Board should be continued in full force and effect until the next scheduled termination date of said Board and should also be continued in effect for one year thereafter for the purposes of Section 8 of the aforesaid Act. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Board of Geologists Examiners is hereby continued until July 1, 1981, and Code Title 84-21A, known as the Registration of Geologists Act of 1975, as amended, is hereby continued in full force and effect until July 1, 1981, and until July 1, 1982, for the purposes of Section 8 of the aforesaid Act approved March 24, 1977 (Ga. Laws 1977, p. 961). Approved April 6, 1978.

"GA1978.1.2137">

CONVEYANCE OF AIR RIGHTS TO THE CITY OF CARTERSVILLE. No. 219 (House Resolution No. 514-1463). A RESOLUTION Authorizing the conveyance of an easement of air rights over and across certain real property owned by the State of Georgia in Bartow County; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property in Bartow County, Georgia; and WHEREAS, said tract is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 340 of the 4th District, 3rd Section, Bartow County, Georgia, and being more particularly described in the Western and Atlantic Railroad Valuation Map No. V2/22 as filed in the State of Georgia Archives Building, Fulton County, Georgia.; and WHEREAS, the City of Cartersville, Georgia, desires an easement of air rights over and across such property for the purpose of constructing and maintaining a bridge as modification of the existing crossing at Montgomery Street; and WHEREAS, the easement of air rights desired by the City of Cartersville will be to the advantage and better utilization of the real property owned by the State.

"GA1978.1.2138">

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission or its successor, acting for and on behalf of the State of Georgia, is hereby authorized to convey by deed or other instrument of conveyance to the City of Cartersville, Georgia, for the consideration of $250.00 an easement of air rights beginning at the horizontal plane located twenty-three feet above rail level, said easement of air rights being granted for the sole purpose of construction and maintenance of a bridge. Provided, however, that said conveyance of the easement of air rights for the purpose of construction and maintenance of the bridge shall be subject to the joint approval of the State Properties Commission or its successor and the lessee of the Western and Atlantic Railroad. Approved April 6, 1978. GOLDEN ISLES HIGHWAY AND GOLDEN ISLES CONNECTOR DESIGNATED. No. 221 (House Resolution No. 506-1448). A RESOLUTION Designating certain highways as the Golden Isles Highway and the Golden Isles Connector; and for other purposes. WHEREAS, ever since the first coming of man to what is now the Southeastern United States, Georgia's coastal Golden Isles have been held in awe for their ageless beauty and timeless mystery; and WHEREAS, the State of Georgia and numerous private individuals and organizations have strived to maintain for future generations this tremendous asset and sanctuary, while responsibly offering

"GA1978.1.2139">

today's citizens the opportunity to share the Golden Isles' excitement and experience; and WHEREAS, Georgia's coastal islands also share in the State's economy by their status as a major mecca for sun-starved visitors and as a center of commerce based upon the expanding deep-water port at Brunswick; and WHEREAS, these coastal islands will become increasingly important to the State of Georgia, in beauty as well as commerce, in inspiration as well as industry; and WHEREAS, a primary route to the Golden Isles traveled by residents and visitors to this State consists of that portion of the State Highway System beginning at the intersection of Interstate Highway 16 and US 23 and continuing as US 23 South to an intersection with US 341 and then continuing south as US 341 to the City of Brunswick; and WHEREAS, a main connector used to reach this primary route begins at the intersection of Interstate Highway 75 and US 341 and continues to the intersection of US 341 and US 23 at Eastman; and WHEREAS, it is only fitting and proper that these highways be properly designated to encourage and facilitate travel to Georgia's Golden Isles. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of the State Highway System beginning at the intersection of Interstate Highway 16 and US 23 and continuing to the intersection of US 23 and US 341 and then continuing as US 341 to the City of Brunswick is hereby designated as the Golden Isles Highway. BE IT FURTHER RESOLVED that the portion of US 341 beginning at Interstate Highway 75 and ending in Eastman at the intersection of US 23 is hereby designated as the Golden Isles Connector. BE IT FURTHER RESOLVED that the Department of Transportation is directed to place appropriate signs and markers along the said highways to reflect the designations specified in this Resolution.

"GA1978.1.2140">

BE IT FURTHER RESOLVED that the Department of Transportation is encouraged to provide, in its short- and long-range planning, for upgrading each of the said highways with passing and turning lanes and with the addition of third and fourth lanes where appropriate. BE IT FURTHER RESOLVED that the Tourism Division of the Department of Industry and Trade is encouraged to include reference to the Golden Isles Highway and the Golden Isles Connector where appropriate in its promotions and advertising. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this Resolution to the Department of Transportation and to the Department of Industry and Trade. Approved April 6, 1978. LAND CONVEYANCE TO WAYNE COUNTY. No. 222 (House Resolution No. 552-1580). A RESOLUTION Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Wayne County certain State-owned real property located within Wayne County, Georgia; and for other purposes. WHEREAS, on or about November 7, 1967, Wayne County, Georgia, conveyed to the State of Georgia real property described as follows: Commencing at the point where the boundary separating the land of Wayne County, Georgia, and the lands of Marion Tyre intersect with the low-water mark of the southern bank of the

"GA1978.1.2141">

Altamaha River; thence in a westerly direction along the low-water mark of the Altamaha River 75 feet to the beginning stake; thence South 45 degrees West 80 feet to a stake; thence at right angles and in a northwesterly direction 40 feet to a stake; thence at right angles and in a northeasterly direction 80 feet, more or less, to the low-water mark of the southern bank of the Altamaha River; thence along the low-water mark in an easterly direction 40 feet, more or less, to the beginning stake; and WHEREAS, the State of Georgia now owns the above described real property and the State Department of Natural Resources presently operates a public boat ramp on said property and a portion of the Altamaha River adjacent thereto; and WHEREAS, said public boat ramp is primarily used by the residents of and visitors to Wayne County, Georgia; and WHEREAS, Wayne County is desirous of assuming control over the operation and maintenance of said public boat ramp; and WHEREAS, it is the policy of the Department of Natural Resources to encourage local control over public recreational facilities serving local residents whenever it is practicable and in the best interest of the State of Georgia. 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 appropriate instrument, all of the hereinabove described Stateowned real property, subject to the following stipulations: (1) that the above described real property be conveyed to Wayne County; and (2) that said real property shall be conveyed to Wayne County for a consideration of $1.00 and other good and valuable consideration; and (3) that the conveyance of said real property shall be approved by the State Properties Commission. Approved April 6, 1978.

"GA1978.1.2142">

LAND CONVEYANCE IN CATOOSA COUNTY AUTHORIZED. No. 223 (House Resolution No. 542-1532). A RESOLUTION Authorizing the disposal of a tract of State-owned property; and for other purposes. WHEREAS, a portion of the Western and Atlantic Railroad property is not required for the purposes of said railroad and is, therefore, surplus property to the State of Georgia; and WHEREAS, said tract is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND containing 6.2 acres, more or less, lying and being in Land Lots 133 and 134 of the 28th District, 3rd Section, Catoosa County, Georgia, and being more particularly described as parcel no. 9 of the Western and Atlantic Railroad Valuation Map No. V2/55 as filed in the State of Georgia Archives Building, Fulton County, Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission or its successor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract of land subject to the following conditions: (1) that said tract of land shall be conveyed to the highest bidder as provided by law; (2) that the conveyance of the said tract of land shall be approved by and the plat of survey be confirmed by the State Properties Commission or its successor; and

"GA1978.1.2143">

(3) that the consideration for said conveyance shall not be less than the highest of two fair and accurate appraisals of the value of said tract of land, which shall be obtained by the State Properties Commission. Approved April 6, 1978. LAND CONVEYANCE TO YOUTH ESTATE, INC. No. 224 (House Resolution No. 527-1520). A RESOLUTION Authorizing the conveyance of all right, title, and interest of the State in certain real property heretofore conveyed pursuant to resolution of the General Assembly to Boys Estate Incorporated; to provide conditions; to provide for consideration; and for other purposes. WHEREAS, the State of Georgia has heretofore conveyed a certain tract of land located in Glynn County, Georgia, to Boys Estate Incorporated, a charitable organization, so that the said property might be developed and used as a charitable home for underprivileged boys; and WHEREAS, the said conveyance was authorized by resolution of the General Assembly, found at Ga. Laws 1946, p. 709; and WHEREAS, the said conveyance was made upon the condition that the said property be used for the exclusive purpose of a charitable home for underprivileged boys; and WHEREAS, in line with recently enacted legal requirements and an expansion of its original charitable purpose, Boys Estate Incorporated has become Youth Estate, Inc., and has begun providing a home for underprivileged youth, regardless of sex; and

"GA1978.1.2144">

WHEREAS, the activities of Youth Estate, Inc., serve the public interest in this State; and WHEREAS, it is only fitting and proper that the State recognize the expanded worthy purpose of Youth Estate, Inc., by permitting use of the said property for the purposes of serving all young people; and WHEREAS, the said property located in Glynn County, Georgia, is more particularly described as follows: A tract of land containing 350 1/2 acres, more or less, beginning at a point on the north side of local county road, leading from the Coastal Highway to Altama plantation at the center of the abandoned Brunswick-Altamaha Canal, running south 89 degrees and 14[UNK] west, a distance of 712.0 feet to a concrete marker; thence north 37 degrees 0[UNK] west, a distance of 1134.0 feet to a concrete marker; thence north 13 degrees and 47[UNK] west, a distance of 722.9 feet to a concrete marker; thence north 37 degrees 16[UNK] west, a distance of 553.2 feet to a concrete marker; thence north 8 degrees and 8[UNK] west, a distance of 1045.6 feet to a concrete marker and thence north 28 degrees and 11[UNK] east, a distance of 1062 1/2 feet, along an old dam to a concrete marker; thence south 48 degrees east, a distance of 804.6 feet to a concrete marker; thence north 2 degrees and 36[UNK] east, a distance of 5305.0 feet along the center of an old rice field drainage ditch to a concrete marker; thence north 87 degrees and 24[UNK] west, a distance of 80.0 feet to the bank of the South Altamaha River; thence meandering along the bank of the South Altamaha River to the north and east, to a point in the center of the Brunswick-Altamaha Canal, where it flows into the South Altamaha River; thence along the center of the Brunswick-Altamaha Canal (abandoned) to the beginning point on the edge of the county road. This area is bounded on the west by the lands of Cator Woolford; on the north by the South Altamaha river; on the east by the Brunswick-Altamaha Canal (abandoned); and on the south by a local county road. 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 real property, subject to the following stipulations:

"GA1978.1.2145">

(1) that said real property shall be conveyed to Youth Estate, Inc., for a consideration mutually to be agreed upon by the State Properties Commission and Youth Estate, Inc.; (2) that the conveyance of said real property shall be upon the condition that the property shall be used for the exclusive purpose of providing a charitable home and related facilities for under privileged youth and that, should the property cease to be used for such purpose for a period of two years, the property is to revert to the State Department of Natural Resources or its successor agency, and with the further condition that in the event title to said property should revert to the State that any and all improvements placed thereon by Youth Estate, Inc., shall become and be the property of the State of Georgia; (3) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission; and (4) that the conveyance of said real property shall be approved by the State Properties Commission. Approved April 6, 1978. LAND CONVEYANCE OF PROPERTY LOCATED IN CITY OF BAINBRIDGE, DECATUR COUNTY, GEORGIA. No. 225 (House Resolution No. 518-1473). A RESOLUTION Authorizing the conveyance of an interest in certain real property located in the City of Bainbridge in Decatur County, Georgia; and for other purposes.

"GA1978.1.2146">

WHEREAS, pursuant to a Resolution enacted by the General Assembly authorizing the conveyance of certain real property located in the City of Bainbridge in Decatur County, Georgia, approved April 2, 1974 (Ga. Laws 1974, p. 1640), the Governor, acting for and on behalf of the State of Georgia, conveyed such real property to Decatur County under certain terms; and WHEREAS, said tract or parcel of land is more fully described as follows: All of that tract or parcel of land lying and being situate in the City of Bainbridge, Decatur County, Georgia, and being located in Lot of Land No. 334 in the 15th District, containing 13.07 acres, and more particularly described as follows: To reach the point of beginning, commence at an iron pin on the east right-of-way line of Airport Road a distance of 1680 feet north of the south lot line, as measured along the east right-of-way line of the Airport Road, and from said point of beginning, run thence north 01 degree, 30 minutes west along the east right-of-way line of Airport Road a distance of 476 feet to an iron pin; thence run north 88 degrees, 30 minutes east a distance of 900 feet to an iron pin; thence run south 01 degree, 30 minutes east a distance of 726 feet to an iron pin; thence run south 01 degree, 30 minutes west a distance of 563 feet to an iron pin; thence run north 01 degree, 30 minutes west a distance of 250 feet to an iron pin; thence run south 88 degrees, 30 minutes west a distance of 337 feet to an iron pin on the east right-of-way line of Airport Road and the point of beginning. Said property is described in accordance with a survey and plat thereof, prepared by Hambrick Land Surveying and Mapping Company, Georgia Registration No. 1375, and dated December 15, 1973.; and WHEREAS, said property was conveyed under the condition that In the event that Grantee should ever cease to use said real property for governmental purposes, title to said real property shall automatically revert to Grantor without the necessity of reentry by Grantor.; and

"GA1978.1.2147">

WHEREAS, the reversionary interest is no longer beneficial to the State because the property is no longer needed for governmental purposes by the county or the State, but said property is desired for industrial use which would benefit Decatur County and the State. 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 its reversionary interest in the above described State-owned property. Approved April 6, 1978. LEASE OF LAND TO CITY OF MARIETTA EXTENDED. No. 226 (House Resolution No. 580-1662). A RESOLUTION Authorizing the extension of a lease of certain real property located in Cobb County, Georgia; and for other purposes. WHEREAS, pursuant to House Resolution No. 152-604, approved April 19, 1973 (Ga. Laws 1973, p. 1412), the State Properties Control Commission (now State Properties Commission) leased certain tracts of land to the City of Marietta for a certain consideration; and WHEREAS, said property is more particularly described as follows:

"GA1978.1.2148">

TRACT 1. All that tract or parcel of land lying and being in Land Lot 1218 of the 16th District, 2nd Section, Cobb County, Marietta, Georgia, and being more particularly described as follows: Beginning at a point and corner at which the west right-of-way line of McNeel Street intersects the North right-of-way line of Depot Street; thence running south 88 32[UNK] West along the North right-of-way line of Depot Street for a distance of 99.0 feet to a point and corner located on the East right-of-way line of the Louisville and Nashville Railroad; thence running North 1 48[UNK] West along said east railroad right-of-way for a distance of 85.0 feet to a point and corner; thence running north 88 02[UNK] east for a distance of 98.3 feet to a point and corner located on the West right-of-way line of McNeel Street; thence running South 2 39[UNK] East along the West right-of-way line of McNeel Street for a distance of 85.88 feet to the point of beginning. TRACT 2. All that tract or parcel of land lying and being in Land Lot 1218, 16th District, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the South right-of-way line of Mill Street and the East right-of-way line of Denmead Street; thence running North 88 53[UNK] East along the South right-of-way line of Mill Street for a distance of 75.0 feet to a point; thence running South 0 30[UNK] East for a distance of 150.01 feet to a point on the North right-of-way line of Depot Street; thence running South 88 32[UNK] West along said right-of-way line for a distance of 75.0 feet to a point of intersection with the east right-of-way line of Denmead Street; thence running North 0 30[UNK] West along said right-of-way line for a distance of 150.60 feet to the point of beginning.; and WHEREAS, the City of Marietta would greatly benefit by having said lease extended.

"GA1978.1.2149">

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 extend by appropriate instrument the term of said lease for an additional 20 years, the consideration to continue to be $250.00 per annum for all of said years. Approved April 6, 1978. TERMINATION DATE OF STATE BOARD OF EXAMINERS OF SPEECH PATHOLOGY AND AUDIOLOGY. No. 228 (House Resolution No. 564-1592). A RESOLUTION Changing the scheduled termination date of the State Board of Examiners of Speech Pathology and Audiology; and for other purposes. WHEREAS, an Act known as The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), provides for the termination of the State Board of Examiners of Speech Pathology and Audiology on July 1, 1978, unless such Board is continued or reestablished; and WHEREAS, the review of the State Board of Examiners of Speech Pathology and Audiology pursuant to the Act cited above indicates said Board should be continued three years in order to give further consideration to the functions of said Board. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the termination date of the State Board of Examiners of Speech Pathology and Audiology as set forth

"GA1978.1.2150">

in subsection (a) of Section 7 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. Laws 1977, p. 961), is hereby changed from July 1, 1978, to July 1, 1981. Approved April 6, 1978. COUNCIL ON THE DEAF CREATED. No. 229 (House Resolution No. 553-1580). A RESOLUTION Creating the Council on the Deaf; and for other purposes. WHEREAS, deaf persons face many problems in all areas of life primarily because of the communication barrier and the lack of understanding on the part of professionals; and WHEREAS, it is imperative that the State assume a more aggressive role to assist and service the needs of hearing impaired citizens. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Council on the Deaf. The Council shall be composed of 16 members, to be appointed by the Governor. Four members shall be appointed from the Department of Human Resources as follows: one member from the Division of Mental Health and Mental Retardation, one member from the Division of Physical Health, one member from the Division of Family and Children Services, and one member from the Division of Vocational Rehabilitation. Two members shall be appointed from the State Department of Education as follows: one member from the Division of State Schools, and one member from the Division of Special Education. One member shall be appointed from the Department of Labor. One member shall be appointed from the Georgia Association of the Deaf. One member shall be appointed

"GA1978.1.2151">

from the Georgia Registry of Interpreters for the Deaf. One member shall be appointed who is a representative of parents of the deaf. One member shall be appointed from the Social Security Administration, and three members shall be appointed who are hearing impaired citizens. Two members of the General Assembly shall be appointed as follows: one Senator and one Representative. Provided that funds are appropriated, the Governor shall also appoint an Executive Director of the Council who shall be authorized to employ one secretary. The Executive Director shall assist the Council in carrying out its duties. The Council shall be authorized to review and evaluate programs for the deaf, advise State agencies and political subdivisions concerning programs for the deaf, develop new programs and to take other steps to assist and service the needs of hearing impaired citizens. The Council 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 Council shall receive the expenses and allowances authorized by law for members of legislative interim committees for service on the Council. The State officer and employee members of said Council 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 Council. The remaining members of the Council shall receive no compensation from State funds for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official Council 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. Approved April 6, 1978.

"GA1978.1.2152">

STATE AUTHORITIES STUDY COMMITTEE CREATED. No. 233 (House Resolution No. 591-1718). 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, the State Authorities Study Committee, created by the 1977 Regular Session of the General Assembly, did not have sufficient time in which to complete its important work concerning Authorities; and WHEREAS, there is a continuing 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. 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 the Chairman of the House Appropriations Committee, the Chairman of the Senate Appropriations Committee, the President Pro Tempore of the Senate, the Chairman of the House Committee on Ways and Means, the Senate Majority Leader, the Chairman of the House Rules Committee, the Chairman of the Senate Natural Resources and Environmental Quality Committee, the House Minority Leader, the Chairman of the Senate Higher Education Committee, the Chairman of the House Insurance Committee, and five members to be appointed by the Governor. The Chairman of the House Appropriations Committee shall serve as Chairman and the Chairman of the Senate Appropriations Committee shall serve as Vice-Chairman. The Committee shall make a thorough and exhaustive study of the various

"GA1978.1.2153">

State Authorities and the projects over which they exercise responsibility. The Committee shall make recommendations concerning the reassignment or consolidation of such functions and responsibilities to existing or new State agencies and such other recommendations as it deems appropriate. 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. Funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or otherwise available to the legislative branch of government. The Committee shall make a report of its findings and recommendations to the 1979 session of the General Assembly, at which time it shall stand abolished. Approved April 6, 1978. LAND CONVEYANCE TO CITY OF RINGGOLD. No. 235 (House Resolution No. 647-1806). A RESOLUTION Authorizing the conveyance of certain State-owned property to the City of Ringgold, Georgia; and for other purposes. WHEREAS, a portion of the Western and Atlantic Railroad property is not required for the purposes of said railroad and is, therefore, surplus property to the State of Georgia; and WHEREAS, said property is more particularly described as follows: The railroad depot and the immediate property on which said depot is located, more or less, lying and being in Land Lot 170 of the 28th District, 3rd Section, Catoosa County, Georgia, and being more particularly described as a portion of parcel no. 7 of the Western

"GA1978.1.2154">

and Atlantic Railroad Valuation Map No. V2/55 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission.; and WHEREAS, the said depot is the last Civil War Depot in existence in the State; and WHEREAS, the City of Ringgold is interested in making the depot into a museum. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission or its successor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described property to the City of Ringgold subject to the following conditions: (1) that said tract of land shall be conveyed to the City of Ringgold for a consideration of $10.00; (2) that the conveyance of the said tract of land shall be approved by and the plat of survey be confirmed by the State Properties Commission or its successor; and (3) that the conveyance of the said property shall be conditioned upon the lessee of the Western and Atlantic Railroad conveying its interest in said property to the State of Georgia by appropriate instrument. Approved April 6, 1978.

"GA1978.1.2155">

LAND CONVEYANCE IN PULASKI COUNTY AUTHORIZED. No. 236 (House Resolution No. 613-1748). A RESOLUTION Authorizing the conveyance of certain real property located in Pulaski County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Pulaski County, Georgia, which is currently under the control and jurisdiction of the State Board of Offender Rehabilitation; and WHEREAS, said real property is known as and is more particularly described as follows: That certain tract or parcel of land, containing ten acres, lying and being in land lot No. 393 in the twenty-first land district of Pulaski County, Georgia, described according to a plat thereof made by Jake D. Harrell, surveyor, on February 17th, 1956, as follows: Beginning at the intersection of the Northeastern margin of the Lower River Road with the Southeastern lot line of said land lot No. 393, and running along said Lower River Road in a Northwesterly direction 590 feet to a stake, and with this point thus established as the beginning point for the property herein conveyed, run thence North 37 degrees, East 660 feet to a stake, thence North 53 degrees, West 660 feet to a stake; thence South 37 degrees, West 660 feet to a stake on the Northeasterly margin of said Lower River Road; thence South 53 degrees, East along said Lower River Road 660 feet to point of Commencement.; and WHEREAS, the above described real property is no longer needed by the State Board of Offender Rehabilitation or the State of Georgia and is therefore surplus; and WHEREAS, the County of Pulaski, Georgia, is desirous of obtaining said tract of land for the purpose of establishing a Center for Mentally Retarded Citizens; and

"GA1978.1.2156">

WHEREAS, this property was originally acquired by the State of Georgia from Pulaski County. 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 Pulaski County, Georgia, for a consideration mutually to be agreed upon between Pulaski County and the State Properties Commission; and (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Approved April 6, 1978. EASEMENT TO CITY OF ST. MARYS. No. 237 (House Resolution No. 611-1733). A RESOLUTION Authorizing the conveyance to the City of St. Marys of an irrevocable easement in certain real property owned by the State and located in Camden County; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Camden County, Georgia, such property being conveyed to the State by the City of St. Marys on June 1, 1972; and WHEREAS, the said real property, comprises approximately 0.10 acre, and is more particularly described as follows:

"GA1978.1.2157">

Beginning at the point of intersection of the south right-of-way line of St. Marys Street with the west right-of-way line of Wheeler Street and from said point of beginning running easterly along said south right-of-way line of St. Marys Street for a distance southerly 230 feet to low water mark in the St. Marys River; thence, westerly along and following the meandering of said low water mark to a point in the west right-of-way line of the projection of said Wheeler Street; thence, northerly along and following said west right-of-way line of Wheeler Street to said point of beginning. All as will more fully appear by reference to that certain plat of said property dated December 29, 1977, made by John R. MacDonell, Registered Land Surveyor, 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.; and WHEREAS, the State Department of Natural Resources now operates a public boat ramp on the above described real property and a portion of the St. Marys River adjacent thereto; and WHEREAS, said public boat ramp is primarily used by the residents and visitors to the City of St. Marys; and WHEREAS, the City of St. Marys is desirous of assuming control over the operation and maintenance of said public boat ramp; and WHEREAS, it is the policy of the Department of Natural Resources to encourage local control over public recreational facilities serving local residents whenever it is practicable and 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 of the sum of $10.00, the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to grant to the City of St. Marys, an irrevocable easement to use, occupy, employ and enjoy the above described real property for the purpose of operating and maintaining a public boat ramp.

"GA1978.1.2158">

BE IT FURTHER RESOLVED that said easement is made only for the purposes aforesaid and shall continue only so long as the City of St. Marys, its successors and assigns, continue 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 April 6, 1978. EASEMENT TO COLONIAL PIPELINE COMPANY. No. 238 (House Resolution No. 741-2012). A RESOLUTION Authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipeline in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement; and for other purposes. WHEREAS, Colonial Pipeline Company, a Delaware Corporation, is engaged in constructing a forty (40) inch petroleum products pipeline within the State of Georgia, and a portion of such pipeline is through and across certain lands of the Fort Yargo State Park, south of Winder, in Barrow County, Georgia; and WHEREAS, the State of Georgia, on the sixth day of May, 1963, by authority of H. R. No. 159-429, approved April 9, 1963, Georgia Laws 1963, page 412, did grant and convey unto Colonial Pipeline Company a permanent easement for a pipeline right-of-way to construct, maintain, inspect, operate, protect, repair, replace, change the size of, and remove a pipeline for the transportation of liquids and/or gases on, over and through a portion of said park lands, said right-of-way being forty (40) feet in width and extending twenty (20)

"GA1978.1.2159">

feet on either side of the center line of the pipeline installed thereunder; and WHEREAS, Colonial Pipeline Company now desires to install an additional pipeline, forty (40) inches in diameter, for the above stated purpose, within the boundaries of the aforementioned permanent right-of-way easement; and WHEREAS, Colonial Pipeline Company also now desires to obtain an additional permanent easement, for the proposed forty (40) inch pipeline, for the same purpose; and WHEREAS, a survey has been prepared of the existing easement, the existing pipeline, the proposed additional easement, and the proposed forty (40) inch pipeline and the survey has been presented to the State of Georgia, Department of Natural Resources and there are no objections thereto; and WHEREAS, under the provisions of an Act approved February 26, 1943 (Ga. Laws 1943, p. 1662), it is declared as being in the public interest that corporations engaged in constructing, running, or operating pipelines in this State for the transportation of petroleum products shall have the right to traverse with pipelines any property owned by the State or any subdivision thereof; and WHEREAS, the construction of such pipeline would be a benefit to the State of Georgia; and WHEREAS, Colonial Pipeline Company is willing to pay to the State of Georgia ten thousand ($ 10,000.00) dollars for said easement and right-of-way, and these are fair and reasonable considerations for the granting of such easement and right-of-way. 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 the State of Georgia is hereby authorized and empowered to convey to the Colonial Pipeline Company, its successors and assigns, an easement for a petroleum pipeline rights-of-way as hereinabove described, across, through and under the property and tracts of land of the State of Georgia as particularly shown on the aforementioned survey, however, the said easement shall contain provisions reserving

"GA1978.1.2160">

to the State of Georgia, its successors and assigns, such rights and privileges in said property and tracts of land as may be used and enjoyed, without interfering with or abridging the rights contained in the easement conveyed to Colonial Pipeline Company. BE IT FURTHER RESOLVED that upon ascertaining that the sum of ten thousand ($ 10,000.00) dollars has been paid into State Treasury by the Colonial Pipeline Company as set forth in this Resolution, the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of the State of Georgia, is hereby further authorized and empowered to execute and deliver said easement and other written instruments that may be necessary for said petroleum pipeline rights-of-way purposes and said easement and other instruments 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 herein authorized. BE IT FURTHER RESOLVED that, in addition to the above consideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted; provided, however, after the first pipeline has been installed, Grantee shall not be liable for damages caused on the right-of-way by keeping said right-of-way clear of trees, undergrowth, brush, and obstructions in the exercise of its rights granted herein. Approved April 6, 1978.

"GA1978.1.2161">

LEASE OF LAND BY GEORGIA FORESTRY COMMISSION. No. 239 (House Resolution No. 739-2007). A RESOLUTION Authorizing the Georgia Forestry Commission to execute a long-term lease with the United States of America, by the Southeastern Area, State and Private Forestry, Forest Service, Department of Agriculture, for a certain tract of land located in Bibb County, together with the improvements located and to be located thereon; and for other purposes. WHEREAS, the Georgia Forestry Commission has in its custody certain land located in Bibb County, Georgia, together with a building located on said land which building currently houses the Eastern Tree Seed Laboratory, said building having been constructed with federal funds in 1958 and said Eastern Tree Seed Laboratory having been operated since that time by the federal government in cooperation with the Georgia Forestry Commission; and WHEREAS, the services rendered by the federal government to the State of Georgia generally, the Georgia Forestry Commission, other State forestry organizations and the forest industry, as well as forest interests in several foreign counties, has increased by more than 89% in the past three years, necessitating an increase in laboratory space; and WHEREAS, the federal government desires to construct an addition to the existing building at no cost to the State of Georgia and to continue to operate the Laboratory at no cost to the State of Georgia; and WHEREAS, pertinent regulations of the federal government require that the United States secure a lease of the property for a term at least as long as the expected life of the planned facility as a condition of the expenditure of federal funds for the construction thereof; and WHEREAS, as expressed in a Resolution dated January 25, 1978, the Georgia Forestry Commission has determined that it is to the mutual benefit of the State of Georgia and the United States of

"GA1978.1.2162">

America that the Eastern Tree Seed Laboratory continue to be operated at the said Georgia Forestry Commission facility in Bibb County, Georgia, and that said facility be increased in size by the expenditure of federal funds; and WHEREAS, said tract of land is more particularly described as follows: All that tract or parcel of land lying, situate and being in part of Land Lot 113 of the Seventh Land District of Bibb County, Georgia, and being more particularly described as follows: Commencing at the common corner of Land lots 106, 107, 112 and 113, and thence running S 45 14[UNK] W a distance of 172.8[UNK] to a point; thence running N 29 21[UNK] W a distance of 30.0[UNK] to a point at the intersection of the centerline of Bowden Road and the centerline of 17[UNK] wide asphalt road, said point being the point of beginning; thence running S 54 50[UNK] W along the center of said 17[UNK] wide asphalt road a distance of 177.6[UNK] to a point; thence continuing along the center of said asphalt road S 56 34[UNK] W a distance of 77.9[UNK] to a point; thence running N 28 06[UNK] W a distance of 253.0[UNK] to a point; thence running N 59 47[UNK] E a distance of 248.8[UNK] to a point, said point being on the centerline of Bowden Road; thence running S 29 21[UNK] E along the centerline of said Bowden Road a distance of 233.1[UNK] to a point and the point of beginning, said tract containing 1.41 acres, more or less and being designated as Tract `C' on that certain plat of survey by S. J. Gostin, Inc., more particularly Sommers J. Gostin, Georgia Registered Land Surveyor No. 778, dated February 3, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to lease the hereinabove described tract or parcel of land and all of the buildings, structures and other improvements located and to be located thereon subject to the following: (1) that said tract of land or parcel of land and all of the buildings, structures and improvements located and to be located thereon shall be leased to the United States of America, by the Southeastern Area, State and Private Forestry, Forestry Service, Department of Agriculture, for a period not to exceed ninety-nine (99) years; and

"GA1978.1.2163">

(2) that the lease of said tract or parcel of land shall be approved by the State Properties Commission, or its successor; and (3) that the consideration and conditions shall be mutually agreed upon by the State Properties Commission, or its successor, and the United States of America, by the Southeastern Area, State and Private Forestry, Forest Service, Department of Agriculture. Approved April 6, 1978. LAND EXCHANGE WITH ROL, INC. AUTHORIZED. No. 240 (House Resolution No. 713-1916). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Walker County, Georgia, to ROL, Inc., and the acceptance of certain property owned by ROL, Inc., located in Walker County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Walker County, Georgia, now administered by the State Department of Natural Resources, being more particularly described as follows: All that tract or parcel of land lying and being in Land Lots 189, 206, 207, 208, and 227 of the 12th District and 4th Section of Walker County, Georgia, more particularly described as follows: BEGINNING at a concrete monument in a fence line at the intersection of the south land lot line of Land Lot 189 with the East right-of-way line of Hog Jowl Road (60-foot right-of-way); thence North 18 52[UNK] 27[UNK] East along the East right-of-way line of Hog Jowl Road, a distance of 51.64 feet to a point; thence North 17 55[UNK] 24[UNK] East along the East right-of-way line of Hog Jowl Road, 258.53 feet

"GA1978.1.2164">

to a point; thence along the East right-of-way line of Hog Jowl Road along an arc 194.81 feet, which arc has a chord bearing of North 22 28[UNK] 43[UNK] East a distance of 194.60 feet to a point; thence North 27 02[UNK] 03[UNK] East along the East right-of-way line of Hog Jowl Road, 331.20 feet to a point; thence along the East right-of-way line of Hog Jowl Road along an arc of 161.23 feet, which arc has a chord bearing of North 38 46[UNK] 38[UNK] East a distance of 160.11 feet to a point; thence North 50 31[UNK] 12[UNK] East a distance of 202.33 feet to a point; thence along the East right-of-way line of Hog Jowl Road along an arc of 347.69 feet, which arc has a chord bearing of North 37 56[UNK] 10[UNK] East, a distance of 344.91 feet to a point; thence North 25 21[UNK] 09[UNK] East along the East right-of-way line of Hog Jowl Road, 459.61 feet to a point; thence along the East right-of-way line of Hog Jowl Road along an arc of 195.22 feet, which arc has a chord bearing of North 29 34[UNK] 18[UNK] East, a distance of 195.04 feet to a point; thence North 33 47[UNK] 27[UNK] East a distance of 541.30 feet to a point; thence North 35 15[UNK] 53[UNK] East along the East right-of-way line of Hog Jowl Road, a distance of 168.21 feet to a concrete monument in a fence line on the East right-of-way line of Hog Jowl Road; thence South 87 28[UNK] 11[UNK] East along a fence line and the boundary line of property now or formerly of Howerton Properties, Inc., a distance of 2,324.40 feet to a rock in the east land lot line of Land Lot 208; thence South 1 23[UNK] 23[UNK] West along the east land lot line of Land Lots 208 and 207, a distance of 5,169.08 feet to a point, being located at the northeast corner of Land Lot 206 and the northwest corner of Land Lot 227; thence South 86 51[UNK] 09[UNK] East along the northern land lot line of Land Lot 227, a distance of 2,639.81 feet to a point located on the northeast corner of Land Lot 227 and the northwest corner of Land Lot 242; thence South 1 24[UNK] 20[UNK] West along the east line of Land Lot 227, a distance of 1,891.79 feet to a point; thence North 86 24[UNK] 41[UNK] West across Land Lots 227 and 206, a distance of 5,329.23 feet to a DNR marker; thence North 2 51[UNK] 04[UNK] West along the west land lot line tersection of Land Lots 190, 191, 206, and 207; thence North 5 11[UNK] 56[UNK] East along a fence line and the west land lot line of Land Lot 207, a distance of 2,589.64 feet to a point located at the intersection of Land Lots 190, 189, 207 and 208, and a fence line; thence North 86 23[UNK] 46[UNK] West along a fence line and the South land lot line of Land Lot 189, a distance of 1,092.62 feet to a concrete monument located on the east right-of-way line of Hog Jowl Road, and the POINT OF BEGINNING.

"GA1978.1.2165">

Said tract of land contains 575.94 acres, and is described according to plat of survey prepared by Cleveland S. Boutwell, Jr., Georgia Registered Land Surveyor No. 1704, dated August 26, 1975, and recorded in Plat Book 7, Page 236, Clerk's Office, Walker County Superior Court, Walker County, Georgia.; and WHEREAS, ROL, Inc., is the owner of certain real property located in Walker County, a portion of which comprises 3,570 acres, more or less, and is more particularly described as follows: All of original Land Lots 259, 282, 295, 318, 297, 296, 243, 244, 245, 258, 260, 283, 284, 285, 292, 293, 294, 319, 320, 321 and 242. Said land lots containing 160 acres each, more or less, and being in the 12th District and 4th Section of Walker County, Georgia. The East one-half of original Land Lot 281 containing 80 acres, more or less, in the 12th District and 4th Section of Walker County, Georgia. All of original Land Lot 322, containing 160 acres, more or less, in the 12th District and 4th Section of Walker County, Georgia, less and except that portion of said land lot owned by Cecil Tarvin.; and WHEREAS, the State of Georgia is desirous of obtaining all or a portion of the above described property owned by ROL, Inc., for the Pigeon Mountain Wildlife Management Area; and WHEREAS, ROL, Inc., is desirous of obtaining a portion of the above described property owned by the State for the consolidation of its present lands; and WHEREAS, the exchange of portions of said parcels by and between the State of Georgia and ROL, Inc., would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission,

"GA1978.1.2166">

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 to ROL, Inc., as mutually agreed upon by the Commissioner of the Department of Natural Resources and the Board of Directors of ROL, Inc., by appropriate instrument, all or a portion of the above described State-owned real property LESS AND EXCEPT the following: 52 acres, more or less, in the East side of Land Lot 208; 12 acres, more or less, in the Northeast corner of Land Lot 207; 114 acres, more or less, in the North part of Land Lot 227, 12th District, 4th Section, Walker County, Georgia. The State Properties Commission is further authorized to accept from ROL, Inc., a conveyance of all or a portion of the above described property owned by ROL, Inc., as mutually agreed upon by the Commissioner of the Department of Natural Resources and the Board of Directors of ROL, Inc. Said acceptance and conveyance shall be subject to the following conditions: (1) a monetary consideration which is equal to the difference between the fair market value, as determined by the State Properties Commission, of the two parcels to be exchanged, shall be paid to the recipient of the parcel having the highest fair market value; (2) that plats of survey and full legal descriptions of the tracts or parcels involved in the exchange be prepared and submitted to the State Properties Commission prior to the consummation of the exchange; and (3) that the said plats of survey, appraisals, and such other documents as may be required, and any and all other terms, conditions, and agreements relating to such exchange of properties negotiated by and between the Department of Natural Resources and ROL, Inc., are satisfactory to and approved by the State Properties Commission and the Board of Directors of ROL, Inc. Approved April 6, 1978.

"GA1978.1.2167">

EXCHANGE OF LAND WITH CITY OF BRUNSWICK AUTHORIZED. No. 241 (House Resolution No. 663-1850). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Glynn County, Georgia, now administered by the State Department of Natural Resources, being described as follows: That certain tract or parcel of land consisting of 1.1666 acres situate and being bounded on the northeast by Clubbs Creek, on the southeast by Clubbs Creek and property of the City of Brunswick, on the southwest by property of the City of Brunswick and the right-of-way of U. S. Highway # 17, and on the northwest by property of the City of Brunswick, being more particularly described as follows: BEGINNING at Georgia Geodetic Monument No. 3-G-3 at coordinates Y-420,001.71, X-714,852.65; THENCE South 36 degrees 43 minutes 30 seconds East, 1,463,43[UNK] feet to an iron pin within the existing right-of-way of the East side of U. S. Highway # 17. THENCE North 21 degrees 40 minutes 30 seconds East, 81.02' feet to an iron pin at coordinates Y-418,904.04, X-715,757.66 and the POINT OF BEGINNING; THENCE North 21 degrees 40 minutes 30 seconds East, 168.98[UNK] feet to coordinates Y-419,061.07, X-715,820.08; THENCE South 68 degrees 19 minutes 30 seconds East, 250.00[UNK] feet to coordinates Y-418,968.73, X-716,052.40; THENCE South 21 degrees 40 minutes 30 seconds West, 250.00[UNK] feet to coordinates Y-418,736.41, X-715,960.06; THENCE North 68 degrees 19 minutes

"GA1978.1.2168">

30 seconds West, 189.65[UNK] feet to a concrete monument at coordinates Y-418,806.46, X-715,783.81; THENCE North 15 degrees 00 minutes 12 seconds West, 101.02[UNK] feet (chord) to an iron pin at coordinates Y-418,904.04, X-715,757.66 and the POINT OF BEGINNING. (All coordinates as used herein refer to the Georgia State Plane Coordinate System - East Zone. All bearings are grid bearings.); and WHEREAS, the City of Brunswick is the owner of two tracts of real property contiguous to the above described State-owned real property; and WHEREAS, the State of Georgia is desirous of obtaining one of the tracts of real property owned by the City of Brunswick for expansion of the State Department of Natural Resources facilities, said tract to be hereinafter referred to as City-owned exchange tract, being described as follows: That tract or parcel of land consisting of.275 acres bounding the above described State-owned real property on the southeast and the southwest, being more particularly described as follows: BEGINNING at Georgia Geodetic Monument No. 3-G-3 at coordinates Y-420,001.71, X-714,852.65; thence South 36 degrees 43 minutes 30 seconds East, 1,463.43[UNK] feet to an iron pin within the existing right-of-way of the East side of U. S. Highway #17. THENCE South 68 degrees 19 minutes 30 seconds East, 60.35[UNK] feet to a concrete monument at coordinates Y-418,806.46, X-715,783.81 and the POINT OF BEGINNING: THENCE South 68 degrees 19 minutes 30 seconds East, 189.65[UNK] feet to coordinates Y-418,736.41, X-715,960.06. THENCE North 21 degrees 40 minutes 30 seconds East, 175.00[UNK] feet, more or less, to the marsh line; THENCE meandering South along the marsh line until the marsh line intersects a straight line drawn between coordinate points Y-418,747.13, X-716,023.77 and Y-418,706.49, X-715,805.28; THENCE South 79 degrees 27 minutes 51 seconds West, 205.00[UNK] feet, more or less, to a concrete monument at coordinates Y-418,706.49, X-715,805.28; thence NORTH 12 degrees 07 minutes 09 seconds West, 102.25[UNK] feet (chord) to a concrete monument at coordinates Y-418,806.46, X-715,783.81 and the POINT OF BEGINNING. (All coordinates as used herein refer to the Georgia State Plane Coordinate System - East Zone. All bearings are grid bearings.); and

"GA1978.1.2169">

WHEREAS, the City of Brunswick is desirous of obtaining part of the above described State-owned real property for expansion of their facilities located on their tract of real property bounding on said State-owned real property on the northwest, said tract to be hereinafter referred to as State-owned exchange tract, being described as follows: That certain tract or parcel of land containing.13 acres, being a 30 foot strip in the northwest portion of the above described Stateowned real property, being more particularly described as follows: BEGINNING at Georgia Geodetic Monument No. 3-G-3 at coordinates Y-420,001.71, X-714,852.65; THENCE South 36 degrees 43 minutes 30 seconds East, 1,463.43[UNK] feet to an iron pin within the existing right-of-way of the East side of U. S. Highway #17; THENCE North 21 degrees 40 minutes 30 seconds East, 81.02[UNK] feet to an iron pin at coordinates Y-418,904.04, X-715,757.66 and the POINT OF BEGINNING; THENCE North 21 degrees 40 minutes 30 seconds East, 168.98[UNK] feet to coordinates Y-419,061.07, X-715,820.08; THENCE South 68 degrees 19 minutes 30 seconds East, 30.00[UNK] feet; THENCE South 21 degrees 40 minutes 30 seconds West, 208.23[UNK] feet; THENCE North 15 degrees 43 minutes 12 seconds West, 49.40[UNK] feet (chord) to the POINT OF BEGINNING. (All coordinates as used herein refer to the Georgia State Plane Coordinate System - East Zone. All bearings are grid bearings.); and WHEREAS, a copy of a plat of said properties dated January 18, 1977, made by the Georgia Department of Transportation is on file with the Georgia Department of Natural Resources and to which reference is hereby expressly made; and WHEREAS, the exchange of said tracts or parcels of real property would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is hereby authorized and empowered to convey in fee simple by appropriate instrument all of the above described State-owned exchange tract to the City of Brunswick and to accept in consideration therefor from the City of Brunswick, a conveyance in fee simple of all of the above described City-owned exchange tract, subject to the following conditions:

"GA1978.1.2170">

(1) That the State shall reserve unto herself and the general public an easement for the purpose of ingress and egress for pedestrian and vehicular traffic in, to, through, over, under and across the State-owned exchange tract. (2) That plats of the survey and full legal descriptions of the tracts or parcels involved in the exchange be prepared and submitted to the State Properties Commission prior to the consummation of the exchange; and (3) 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 State Department of Natural Resources and the City of Brunswick, are satisfactory to and approved by the State Properties Commission. Approved April 6, 1978. ATLANTA JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYS. No. 1457 (House Bill No. 1612). AN ACT To amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255) as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 378), by an Act approved April 17, 1973, (Ga. L. 1973, p. 787), and by an Act approved April 17, 1975 (Ga. L. 1975, p. 526), so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the District Attorney at not less than $10,000 nor more than $27,000 and the said maximum shall not be exceeded without the concurrence

"GA1978.1.2171">

of the Board of Commissioners of Fulton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255) as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 378), by an Act approved April 17, 1973 (Ga. L. 1973, p. 787), and by an Act approved April 17, 1975 (Ga. L. 1975, p. 526), is hereby amended by striking the second paragraph in section 5 in its entirety and substituting in lieu thereof the following: The salaries of all of the assistant district attorneys shall be fixed by and in the discretion of the district attorney of the Atlanta Judicial Circuit at not less than $10,000 nor more than $27,000 per annum and said maximum amount shall not be exceeded without the concurrence of the Board of Commissioners of Fulton County. All such salaries so fixed shall be paid in equal monthly installments out of the treasury of Fulton County as part of the operating expenses of the Court, the funds therefor to be provided in the same manner as the other operating expenses of said Court. The district attorney may in writing designate any assistant district attorney compensated in whole or in part by Fulton County as first assistant district attorney, who shall, when and while so designated and acting for the district attorney, have the same powers as the district attorney. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply for Local Legislation at the regular session of the General Assembly of Georgia convening in January, 1978, to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924

"GA1978.1.2172">

(Ga. L. 1924, p. 255), and the acts amendatory thereof, and for other purposes. This December 16th, 1977. /s/ Lewis R. Slaton District Attorney Atlanta Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles L. Carnes, 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: December 20, 27, 1977 and January 3, 1978. /s/ Charles L. Carnes Representative, 43rd District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 10, 1978.

"GA1978.1.2173">

DISTRICT ATTORNEYS' RETIREMENT ACT. No. 1458 (Senate Bill No. 140). AN ACT To create the District Attorneys' Retirement System; to provide for a short title; to provide for definitions; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; to amend an Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, so as to change the provisions relative to membership in said Retirement Fund and to change the provisions relative to administrative expenses; to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the provisions relative to membership and to provide for certain creditable service; to provide for other matters relative to the foregoing; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: PART I Section 1. Short title. This Part shall be known and may be cited as the District Attorneys' Retirement Act. Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the meanings indicated below: (a) System or Retirement System means the District Attorneys' Retirement System created by this Act. (b) Retirement Fund or Fund means the District Attorneys' Retirement Fund created by Section 4 of this Act. (c) Board means the Board of Trustees provided for by Section 3 of this Act.

"GA1978.1.2174">

(d) District Attorney means any District Attorney holding office on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978 and January 1, 1979, who becomes a member of the Retirement System created by this Act pursuant to Section 8 of this Act and any District Attorney taking office on or after January 1, 1979, except that the term District Attorney shall not include any District Attorney: (1) who is eligible to participate in the District Attorneys' Retirement Fund created pursuant to the Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund therefor, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and (2) any District Attorney who is a member of any other publicly supported retirement or pension system or fund created by any law of this State, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the District Attorney from State funds. The membership of any District Attorney who becomes a member of the Retirement System shall terminate if, at any time, he becomes a member of any other publicly supported retirement or pension system or fund as herein described. (e) Creditable service means: (1) Any service performed as a contributing member of the System on and after January 1, 1979; and (2) Prior service as a District Attorney transferred, pursuant to Section 9 of this Act, from the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended. (f) Employer means the State of Georgia. (g) Annual compensation means the annual salary paid from State funds to a member of the Retirement System created by this Act.

"GA1978.1.2175">

(h) Average annual compensation means the average annual compensation of a member during the five years immediately preceding his retirement, and if the member has less than five years as a contributing member, average annual compensation shall mean the average of the annual compensation of a member during his total service as a contributing member. (i) Act of external violence means any intentional injury or death caused directly or indirectly by another person. (j) Official duties means the duties and responsibilities of a District Attorney as are or may be imposed under the Constitution and laws of this State or which necessarily appertain to said office. Section 3. System created; Board. There is hereby created the District Attorneys' Retirement System which shall be administered by a Board of Trustees composed of the Governor, the Attorney General and the Director of the Fiscal Division of the State Department of Administrative Services. Section 4. Fund; administration of fund. (a) The Board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the District Attorneys' Retirement Fund. The benefits provided for in this Act and all administrative expenses shall be paid from said Fund. The Board shall have authority to expend the funds in accordance with the provisions of this Act. (b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund. (c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors,

"GA1978.1.2176">

making recommendations for investments and making investments if the Board so authorizes. Section 5. Powers and duties of Board; actuarial investigations. (a) The Board is hereby given the following powers and duties: to contract with proper federal authorities for Old Age, Survivors' and Disability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all applications for retirement and disability benefits provided for under this Act; to adopt such tables, as provided by subsection (b) of this Section, as it shall deem desirable in connection with the proper operation of the System; to provide for the payment of all retirement and disability benefits that may be determined to be due under this Act and the rules and regulations adopted by the Board; to make and promulgate all necessary rules and regulations not inconsistent with this Act to carry out the provisions of this Act; to determine eligibility of persons to receive retirement benefits, and disability benefits under the provisions of this Act; to make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings; and all other powers necessary for the proper administration of the provisions of this Act. (b) The Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Retirement Fund created by this Act and who shall perform such duties as may be required in connection therewith. From time to time and at least once during each five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the Retirement System and recommend for adoption by the Board mortality, service and other tables needed in the operation of the System. After taking into account such investigations, the Board from time to time shall adopt for the System such mortality, service and other tables as it may deem necessary for the operation of the System. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the System, except for rates of interest otherwise specified in this Act. On the basis of regular interest and tables last adopted by the Board, the actuary shall make annual valuations of the contingent assets and liabilities of the Retirement System.

"GA1978.1.2177">

Section 6. Records. The Board shall keep permanent records of all its accounts in granting retirement and disability benefits, and shall keep proper records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the System. Section 7. Gifts. The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said System in accordance with the provisions of this Act. Section 8. Membership. (a) The membership of the Retirement System shall be as follows: (1) Any District Attorney holding office on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978, and January 1, 1979, unless any such District Attorney declines membership pursuant to subsection (b) of this Section, and (2) Any District Attorney taking office on or after January 1, 1979. (b) Any District Attorney specified in paragraph (1) of subsection (a) of this Section who is a member of the Retirement System created by an Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, may decline membership in the Retirement System and continue his membership in the Retirement System created by the aforesaid Act. Any such District Attorney intending to decline membership in the Retirement System shall notify the Board, in writing, of such intention by not later than December 31, 1978. Any such District Attorney so notifying the Board shall not become, and shall not at any time thereafter be eligible to become, a member of the Retirement System and shall remain a member of the Retirement System created by the aforesaid Act. Any such District Attorney failing to notify the Board, within the time limitation herein provided, that he has declined membership in the Retirement System shall become a member of the Retirement System on January 1, 1979, and, as of said date, his membership in the Retirement System created by the aforesaid Act shall be terminated.

"GA1978.1.2178">

(c) Any District Attorney who becomes a member of the Retirement System created by this Act pursuant to subsections (a) and (b) of this Section: (1) Shall not be eligible to participate in the District Attorneys' Retirement Fund created pursuant to the Act creating the office of Solicitor General (now District Attorney) emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and (2) Shall not be eligible at any time after December 31, 1978, to be a member of the Retirement System created by an Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended. Section 9. Prior service. Any District Attorney subject to the provisions of subsection (b) of Section 8 of this Act who becomes a member of the Retirement System shall receive creditable service under this Act for all service as a District Attorney rendered prior to January 1, 1979, which has been credited to him under the Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended. The Board of Trustees of the Retirement System created by the aforesaid Act shall certify to the Board the amount of such prior service for each such District Attorney as of December 31, 1978, and such prior service shall become creditable service under this Act as of January 1, 1979. All employer and employee contributions, plus earnings thereon, made to the Trial Judges and Solicitors Retirement Fund pursuant to the aforesaid Act by or on behalf of such District Attorneys becoming members of the Retirement System are hereby transferred to the District Attorneys' Retirement Fund created by this Act as of January 1, 1979. Such employer and employee contributions transferred as herein provided mean only those employer and employee contributions made for membership service as a District Attorney under said Trial Judges and Solicitors Retirement Fund Act. Section 10. Contributions. (a) The basis for employee contributions to the Fund created by this Act shall be the salaries from State funds provided by law for District Attorneys. The Department of Administrative Services is hereby authorized and directed to deduct

"GA1978.1.2179">

monthly from the salary of each District Attorney who is a member of the Retirement System seven and one-half percent of such salary to cover the employee contributions to the Fund created by this Act. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any employee tax for Social Security coverage that may now or hereafter be required for such coverage. (b) The Department of Administrative Services is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, any employer contribution for Social Security coverage that may now or hereafter be required for the members of the Retirement System. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is also authorized and directed to pay into the Retirement Fund created by this Act employer contributions, including contributions to fund any creditable service authorized by this Act, which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for by this Act. (c) The deductions from State salaries payable to District Attorneys who are members of this Retirement System shall be made notwithstanding that the salaries fixed by law for such District Attorneys shall be reduced thereby. Such District Attorneys shall be deemed to consent and agree to the deductions made, and payment of the salary, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such District Attorneys during the period covered by such payment. Section 11. Service retirement. (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a monthly retirement benefit. Said monthly retirement benefit shall be an equal monthly installment of an annual retirement benefit computed on the basis of 3 percent of the member's average annual compensation multiplied by his total number of years of creditable service, not to exceed 22 years. After obtaining at least ten years of creditable service, a member who ceases to hold office as a District Attorney prior to reaching age 60 may begin receiving the monthly retirement benefit

"GA1978.1.2180">

herein authorized upon reaching age 60, if he does not withdraw his contributions to the Retirement Fund. (b) After obtaining 22 years of creditable service, a member shall continue to make the employee contributions to the Retirement Fund, but the maximum retirement benefit shall be based on 22 years of creditable service. In the event a member continues in service after obtaining 22 years of creditable service, his average annual compensation for purposes of computing his retirement benefit shall be computed as provided in subsection (h) of Section 2 of this Act. (c) A member may retire under this Section by making written application therefor to the Board setting forth at what time, not less than 30 nor more than 90 days subsequent to the filing of such application, he desires to be retired. (d) Any District Attorney who retires under this Act, while receiving retirement or disability benefits, shall not be eligible for election or appointment to any other office of this State for which compensation is paid. Any such District Attorney, while receiving a retirement or disability benefit under this Act, shall not engage in the private practice of criminal law. Section 12. Disability retirement. (a) After obtaining a minimum of ten years of creditable service, any member, regardless of his age, who shall become totally and permanently disabled to the extent that he is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection(a) of Section 11 of this Act after 22 years' creditable service. (b) After obtaining a minimum of four years of creditable service, any member, regardless of age, who shall become totally and permanently disabled as a result of an act of external violence incurred in or as a result of the performance of the member's official duties, to the extent that the member is unable to perform the duties of his office, shall be entitled to receive a disability retirement benefit.

"GA1978.1.2181">

The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection (a) of Section 11 of this Act after 22 years' creditable service. (c) The disability of any member applying for disability retirement benefits and the continuation of such disability shall be determined by the Board in the same manner and under the same procedure as disability of State employees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as now or hereafter amended. Disability retirement benefits shall become payable within 30 days after such disability is determined by the Board as herein provided. Section 13. Spouses' benefits. (a) Except as otherwise provided by subsection (d) of this Section, each District Attorney who is a member of the Retirement System shall pay an employee contribution, in addition to the employee contribution required by subsection (a) of Section 10 of this Act, of two and one-half percent of the State salary paid to such District Attorney for spouses' benefits as provided hereinafter. The Department of Administrative Services shall be authorized to deduct monthly the employee contributions required herein for spouses' benefits. (b) If a member subject to this Section, who has attained a minimum of ten years of creditable service, dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of his death, if retired at such time, or which would have been payable to the member had he retired as of the date of his death, except as provided in subsection (c) of this Section. (c) If a member subject to this Section who has attained a minimum of ten years' creditable service dies as a result of an act of external violence or injuries incurred in or as a result of the performance of the member's official duties, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of

"GA1978.1.2182">

such surviving spouse, a monthly sum equal to 50 percent of the retirement benefit which would have been payable to the member had the member lived and retired at age 60. (d) A member of the Retirement System shall have the right to reject the spouses' benefits provided by this Section by notifying the Board, in writing, of such rejection on a form to be supplied by the Board. Any District Attorney becoming a member of this Retirement System pursuant to subsection (b) of Section 8 of this Act who wishes to reject such benefits shall notify the Board of such rejection by not later than January 1, 1979. Any District Attorney wishing to reject such benefits who becomes a member of the Retirement System created by this Act after January 1, 1979, shall notify the Board of such rejection within 60 days after becoming a member of the Retirement System. (e) Any member of the Retirement System who rejects spouses' benefits coverage, or who ceases such coverage pursuant to subsection (f) of this Section, because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married, shall have the option to elect spouses' benefits within 60 days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years in order for such member's spouse to qualify for the spouses' benefits provided for by this Section. (f) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Section may cease making the employee contributions for spouses' benefits required herein. Such member shall notify the Board of Trustees in writing to cease deducting such employee contributions within 60 days after the date of the death of the spouse or after the date the member ceases to be married, and upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions as provided herein, there shall be no return of such contributions previously made by such member. (g) Should there not be a surviving spouse of a member covered by this Section, the amount of accumulated contributions made by such member, with interest thereon at the rate of four percent per

"GA1978.1.2183">

annum, shall be paid to the living person, if any, nominated by written designation of the member duly executed and filed with the Board of Trustees, otherwise to the member's estate. (h) It shall be the duty of the Board to notify District Attorneys who are subject to the provisions of this Act of the requirements of this Section. Section 14. Withdrawal or return of contributions. (a) If a member ceases to hold office as a District Attorney or if his membership in the Retirement System is terminated, he may withdraw the total sum, with interest, at the rate of four percent per annum, which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of the Retirement System, unless such member shall at a later date hold office as a District Attorney and is otherwise eligible for membership in the Retirement System, in which event he shall be reinstated into the Retirement System in the same manner as if he had never before been a member of the Retirement System. Any such reinstated member shall have the privilege of reestablishing any prior creditable service by making reimbursement of the amount withdrawn from the Fund plus interest at the rate of four percent per annum. (b) If a member not covered by spouses' benefits under Section 13 of this Act should die before retirement, the total sum, with interest at the rate of four percent per annum, which he has paid into the Fund shall be paid to his surviving spouse, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the Board, otherwise to the member's estate. (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 Fund, the following shall occur: (1) The employer's contributions paid to the Board on behalf of such withdrawing member shall continue to be held within the Fund and shall not be returned to the employer; and (2) The employer's contributions paid to the Board on behalf of such withdrawing member shall be treated as actuarial

"GA1978.1.2184">

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 15. Tax exemptions. The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as otherwise specifically provided in this Act. Section 16. Legal advisor. The State Attorney General shall be the legal advisor of the Board of Trustees. Section 17. False statements. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the System in any attempt to defraud the System as a result of such an act shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. Section 18. Expenses. To pay the administrative expense of the Fund, upon the receipt of a request from the Board on or after July 1, 1978, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount equivalent to the actual expenses incurred by the Board in the administration of said Fund as reflected by the State Auditor's Report for the previous fiscal year. The Board shall estimate such actual costs for the fiscal year beginning July 1, 1978, and ending June 30,

"GA1978.1.2185">

1979, and the Fiscal Division of the Department of Administrative Services shall be authorized to pay such costs for such fiscal year based on such estimate. Section 19. Rules and regulations. The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to distribute the same to the District Attorneys of this State. PART II Section 20. An Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, is hereby amended by striking subsection (c) of Section 8 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Any District Attorney who is otherwise subject to membership in the Trial Judges and Solicitors Retirement Fund pursuant to subsections (a) and (b) of this Section shall not be a member of said Fund if such District Attorney becomes a member of the District Attorneys' Retirement System pursuant to subsection (b) of Section 8 of the Act known as the District Attorneys' Retirement Act. The membership in the Trial Judges and Solicitors Retirement Fund of any such District Attorney becoming a member of said District Attorneys' Retirement System as aforesaid shall terminate effective January 1, 1979. Any employee contributions to the Trial Judges and Solicitors Retirement Fund credited to the account of any District Attorney becoming a member of said District Attorneys' Retirement System as aforesaid, which are not transferred to the Fund created by said District Attorneys' Retirement Act pursuant to Section 9 thereof, may be withdrawn by such District Attorney pursuant to Section 22 of this Act as if such District Attorney had ceased to hold a position or office covered by the Trial Judges and Solicitors Retirement Fund. Any District Attorney taking office on or after January 1, 1979, shall not be a member of the Trial Judges and Solicitors Retirement Fund created by this Act. Section 21. Said Act is further amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:

"GA1978.1.2186">

Section 27. To pay the administrative expense of the Fund, upon the receipt annually of a request from the Board of Trustees, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount sufficient to pay such administrative expenses as certified by said Board of Trustees to said Fiscal Division. PART III Section 22. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of Section 3 a new subsection (17) to read as follows: (17) Each assistant district attorney and each employee of the Prosecuting Attorneys' Council, hereinafter collectively referred to as employee or employees, employed on June 30, 1979, may become a member of the Employees' Retirement System created by this Act at the option of each such employee. Any such employee electing to become a member of the Employees' Retirement System shall notify the Board of Trustees of such election by not later than October 1, 1979. Any such employee failing to notify the Board of Trustees by such date shall not at any time thereafter be eligible for membership in the Employees' Retirement System. Any person becoming an employee on or after July 1, 1979, shall become a member of the Employees' Retirement System as a condition of his employment, unless such employee is eligible for membership in any other publicly supported retirement or pension system or fund under which retirement benefits are based wholly or partially on the compensation of such employee paid from State funds. If such employee is eligible for membership in any such other publicly supported retirement or pension system or fund, such employee may elect to become a member of the Employees' Retirement System in lieu of membership in such other publicly supported system or fund. Any such employee so electing shall notify the Board of Trustees of such election within 90 days after becoming employed. Any such employee failing to notify the Board of Trustees within such time limitation shall not at any time thereafter be eligible for membership in the Employees' Retirement System. The basis for employee and employer contributions for such employees becoming members of the Employees' Retirement

"GA1978.1.2187">

System as provided herein shall be the State salary paid to such employees in their respective positions of employment. All employer contributions required by this Act for such members shall be paid from funds appropriated or otherwise made available for the operation of the superior courts. The Director of the Fiscal Division of the Department of Administrative Services shall deduct from the State salaries payable to such members in their respective positions the employee contributions required by this Act. As used herein `assistant district attorneys' means assistant district attorneys who are compensated from State funds pursuant to Code Section 24-2919, and `Prosecuting Attorneys' Council' means the Prosecuting Attorneys' Council created by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1623), as now or hereafter amended. Section 23. Said Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is further amended by adding at the end of Section 4 a new subsection (19) to read as follows: (19) Any member subject to the provisions of subsection (17) of Section 3 of this Act may receive creditable service under this Act for prior service as an assistant district attorney or as an employee of the Prosecuting Attorneys' Council by the payment to the Board of Trustees of the employee contributions which would have been paid by such member at the time the prior service was rendered as if such members had been members of the Employees' Retirement System at the time such prior service was rendered. As used herein, `prior service as an assistant district attorney' shall include service rendered in that position pursuant to an Act authorizing assistant district attorneys in certain judicial circuits, approved March 24, 1970 (Ga. Laws 1970, p. 716), as amended, notwithstanding the fact that said Act was repealed by an Act amending Code Chapter 24-29, relating to District Attorneys, to revise and bring up to date said Code Chapter by codifying certain Acts of the General Assembly, approved April 6, 1977 (Ga. Laws 1977, p. 1257). The basis for employee contributions to obtain creditable service hereunder shall be the State salary paid to the members claiming such prior service at the time the service was rendered.

"GA1978.1.2188">

PART IV Section 24. 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 25. Effective dates. (a) Part I of this Act shall become effective for administrative purposes and for the purposes of exercising options and providing notices as provided in said Part I on July 1, 1978. Part I shall be effective for all purposes on January 1, 1979. (b) Part II of this Act shall be effective for administrative purposes on July 1, 1978, and for all purposes on January 1, 1979. (c) Part III of this Act shall be effective for all purposes on July 1, 1978. Section 26. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

"GA1978.1.2189">

DRIVERS' LICENSESRESERVE COMPONENTS OF ARMED FORCES. Code Section 68B-202 Amended. No. 1459 (Senate Bill No. 162). AN ACT To amend Code Section 68B-202, relating to persons who are exempt from obtaining or having drivers' licenses, so as to provide that certain members of the reserve components of the Armed Forces of the United States shall be exempt from the requirements of having a driver's license under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 68B-202, relating to persons who are exempt from obtaining or having drivers' licenses, is hereby amended by adding at the end thereof the following: 6. A member of the reserve components of the Armed Forces of the United States while operating a motor vehicle owned by or leased to the United States Government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces., so that when so amended Code Section 68B-202 shall read as follows: 68B-202. What Persons Are Exempt from License. The following persons are exempt from licenses hereunder: 1. Any employee of the United States Government while operating a motor vehicle owned by or leased to the United States Government and being operated on official business, unless such employee is required by the United States Government or any agency thereof to have a State driver's license. 2. A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country may operate a motor vehicle in this State.

"GA1978.1.2190">

3. A nonresident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state. 4. Any person on active duty in the Armed Forces of the United States who has in his immediate possession a valid license issued in a foreign country by the Armed Forces of the United States may operate a motor vehicle in this State for a period of not more than 45 days from the date of his return to the United States. 5. Any inmate or resident patient of a State, county, or municipal-owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient. 6. A member of the reserve components of the Armed Forces of the United States while operating a motor vehicle owned by or leased to the United States Government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

"GA1978.1.2191">

DRIVERS' LICENSESMEMBERS OF THE NATIONAL GUARD. Code Section 68B218 Amended. No. 1460 (Senate Bill No. 395). AN ACT To amend Code Section 68B-218, relating to veterans licenses and honorary licenses, so as to provide for the issuance of distinctive drivers' licenses at no cost to certain members of the Georgia National Guard; to provide for cancellation of distinctive licenses 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-218, relating to veterans licenses and honorary licenses, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 68B-218, to read as follows: 68B-218. Veterans licenses; honorary licenses and distinctive licenses. (a) Except as specifically provided in this Title, no part of this Title shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary or distinctive license, and nothing herein shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary or distinctive license: Provided, however, that the department may issue regulations on types and classes of vehicles which may be operated by the holder of such license. (b) The department shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature: Provided, that nothing in this subsection shall authorize the department to require any person holding a veteran's or honorary license before the effective date of this Title to surrender such license. Veteran's, honorary and distinctive licenses shall not be subject to any fees.

"GA1978.1.2192">

(c) Veteran's licenses may be issued to: (1) Veterans who were residents of the State of Georgia at the time of enlistment or commissioning and who are residents of Georgia at the time of application for the license and veterans who have been residents of the State of Georgia for at least five years immediately preceding the date of application for the license and who were discharged or separated under honorable conditions and who served on active duty in the armed forces of the United States, or an active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, except for periodic transfer from reserve status to active duty status for training purposes; or (2) All members or former members of the National Guard or reserve forces who have 20 or more years creditable service therein. (d) Honorary licenses may be issued to: (1) A resident of Georgia who is the surviving spouse of a veteran as defined by subsection (c)(1). Any license to such spouse shall be valid only as long as that person remains unmarried; or (2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is permanently disabled to the extent that he cannot operate a motor vehicle. (e) A distinctive license may be issued to any member of the Georgia National Guard in good standing who has completed at least one year of satisfactory service. The Department of Public Safety shall have the authority to cancel the distinctive license of any person upon receipt of written notice from The Adjutant General who shall notify the Department of Public Safety that the person is no longer a member of the Georgia National Guard in good standing.

"GA1978.1.2193">

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 10, 1978. SEXUAL EXPLOITATION OF CHILDREN PROHIBITED. No. 1461 (Senate Bill No. 408). AN ACT To prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Sexual exploitation of children. (a) As used in this Section: (1) Minor means any person under the age of fourteen years. (2) Sexually explicit conduct means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex.

"GA1978.1.2194">

(B) Bestiality. (C) Masturbation. (D) Sado-masochistic abuse (for the purpose of sexual stimulation). (E) Lewd exhibition of the genitals or pubic area of any person. (3) Producing means producing, directing, manufacturing, issuing, publishing, or advertising. (4) Visual or print medium means any film, photograph, negative, slide, book, magazine, or other visual or print medium. (b) It is unlawful for any person to knowingly employ, use, persuade, induce, entice, or coerce any minor to engage in, or assist any other person to engage in, any sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. (c) It is unlawful for any parent, legal guardian, or person having custody or control of a minor to knowingly permit such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. (d) Any person violating a provision of this Section shall be guilty of a felony and, upon conviction of the violation, shall be punished by imprisonment for not less than one year nor more than ten years in the penitentiary, or by a fine of not more than $10,000 or by both. 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

"GA1978.1.2195">

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 April 10, 1978. CRIMESDRUG-RELATED PRINTED MATERIAL. Code Section 26-9912 Enacted. No. 1462 (Senate Bill No. 440). AN ACT To amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to provide for certain restricted drug-related printed material and to prohibit the sale, delivery, distribution, display for sale or the provision of such restricted drug-related printed material to a minor and to prohibit the possession of such restricted drug-related printed material for the aforesaid purposes; to provide for definitions; to provide for certain exceptions; to provide for procedures, requirements and other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, is hereby amended by adding at the end thereof a new code section to be designated Code Section 26-9912 and to read as follows:

"GA1978.1.2196">

26-9912. Restricted Drug-related Printed Material . (a) As used in this Section, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (1) `Dangerous drug' shall have the same meaning as defined in Code Chapter 79A-7, relating to dangerous drugs, as now or hereafter amended. (2) `Controlled substance' shall have the same meaning as defined in Code Chapter 79A-8, relating to controlled substances, as now or hereafter amended, and, for the purposes of this Section, the term `controlled substance' shall include marijuana as defined by subsection (o) of Code Section 79A-802 of said Code Chapter 79A-8. (3) `Minor' means any unmarried person under the age of 18 years. (4) `Restricted drug-related printed material' means any book, pamphlet, magazine, periodical or other printed matter of a type hereinafter described which, when judged by the standards set forth in subsection (b) of this Section, is detrimental to the health, safety, welfare or morals of a minor, because the book, pamphlet, magazine, periodical or printed item encourages or could reasonably have the effect of encouraging or could reasonably be interpreted as having the purpose of encouraging the commission of an act involving the use or possession of a dangerous drug or controlled substance when such use or possession so encouraged is in violation of the laws of this State. Restricted drug-related printed materials shall include any book, magazine, pamphlet, periodical or other printed item, however produced, which is intended to disseminate information primarily for one or more of the following purposes: (A) To advocate or recommend the use or possession of a dangerous drug or controlled substance when such use or possession is in violation of the laws of this State. (B) To advertise, describe, explain, depict or display any method by which a dangerous drug or controlled substance may be obtained or produced when the method so advertised, described, explained, depicted or displayed

"GA1978.1.2197">

would lead or could reasonably be expected to lead to the use or possession of such dangerous drug or controlled substance in violation of the laws of this State. (C) To advertise, describe, explain, depict or display any machine, instrument, tool, equipment, contrivance or device used or intended to be used for one or more of the following purposes: (i) To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (ii) To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (iii) To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (iv) To test the strength, effectiveness or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (5) `Knowingly' means having general knowledge that a printed item constitutes restricted drug-related printed material or having reasonable grounds to believe that a printed item constitutes, or may, to a reasonable person, appear to constitute, restricted drug-related printed material. (b) In order to constitute restricted drug-related printed material for the purposes of subsection (c) of this Section, the book, pamphlet, magazine, periodical or printed item in question, when considered in its entirety in accordance with the prevailing standards of the adult community taken as a whole, must be found to have as its primary purpose the dissemination of information of the kind described by paragraph (4) of subsection (a) of this Section. (c) Except as otherwise provided by subsection (e) of this Section, it shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale or provide to a minor, or knowingly possess

"GA1978.1.2198">

with intent to sell, deliver, distribute, display for sale or provide to a minor any restricted drug-related printed material. (d) It shall be unlawful for any minor to falsely represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any restricted drug-related printed material. (e) No person shall be guilty of violating the provisions of subsection (c) of this Section if: (1) The person had reasonable cause to believe that the minor involved was 18 years of age or older, because such minor exhibited to such person a driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years of age or older; or (2) The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor; or (3) The person was the parent or guardian of the minor; or (4) The person was acting in his capacity as an employee or official of any governmental agency or governmental institution or of any public school or other public educational institution or of any bona fide private school, educational institution or health care facility or institution. (f) Any person who violates the provisions of subsection (c) of this Section shall be guilty of a misdemeanor, for the first offense, and upon conviction thereof shall be punished as for a misdemeanor. For the second or any subsequent offense, a person violating the provisions of said subsection (c) 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 of not less than $1,000 nor more than $5,000 or by both such fine and imprisonment. Any person violating the provisions of subsection (d) of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

"GA1978.1.2199">

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 10, 1978. CRIMESDRUG-RELATED OBJECTS. Code Section 26-9913 Enacted. No. 1463 (Senate Bill No. 441). AN ACT To amend Code Chapter 26-99 relating to miscellaneous criminal provisions, as amended, so as to prohibit the sale, delivery, distribution, display for sale or the provision of certain drug-related objects to a minor and to prohibit the possession of such drug-related objects for the aforesaid purposes; to provide for definitions; to provide for certain exceptions; to provide for procedures, requirements and other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, is hereby amended by adding at the end thereof a new code section to be designated Code Section 26-9913 and to read as follows: 26-9913. Drug-related Objects . (a) As used in this Section, unless the context clearly requires otherwise, the following words or terms shall have the following meanings:

"GA1978.1.2200">

(1) `Dangerous drug' shall have the same meaning as defined in Code Chapter 79A-7, relating to dangerous drugs, as now or hereafter amended. (2) `Controlled substance' shall have the same meaning as defined in Code Chapter 79A-8, relating to controlled substances, as now or hereafter amended. For the purposes of this Section, the term controlled substance shall include marijuana as defined by subsection (o) of Code Section 79A-802 of said Code Chapter 79A-8. (3) `Minor' means any unmarried person under the age of 18 years. (4) `Drug-related object' means any machine, instrument, tool, equipment, contrivance or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes: (A) To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (B) To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (C) To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (D) To test the strength, effectiveness or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this State. (5) `Knowingly' means having general knowledge that a machine, instrument, tool, item of equipment, contrivance or device is a drug-related object or having reasonable grounds to believe that any such object is, or may, to an average person, appear to be, a drug-related object. If any such object has printed thereon or is accompanied by instructions explaining the purpose and use of such object and if following such instructions

"GA1978.1.2201">

would cause a person to commit an act involving the use or possession of a dangerous drug or controlled substance in violation of the laws of this State, then such instructions shall constitute prima facie evidence of knowledge that the object in question is a drug-related object. (b) Except as otherwise provided by subsection (d) of this Section, it shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale or provide to a minor, or knowingly possess with intent to sell, deliver, distribute, display for sale or provide to a minor any drug-related object. (c) It shall be unlawful for any minor to falsely represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any drug-related object. (d) No person shall be guilty of violating the provisions of subsection (b) of this Section if: (1) The person had reasonable cause to believe that the minor involved was 18 years of age or older, because such minor exhibited to such person a driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years of age or older; or (2) The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor; or (3) The person was the parent or guardian of the minor; or (4) The person was acting in his capacity as an employee or official of any governmental agency or governmental institution or of any public school or other public educational institution or of any bona fide private school, educational institution or health care facility or institution; or, the person was acting in his capacity as a registered pharmacist or veterinarian, or under the direction of a registered pharmacist or veterinarian, to sell said object for a legitimate medical purpose. (e) Any person who violates the provisions of subsection (b) of this Section shall be guilty of a misdemeanor, for the first offense,

"GA1978.1.2202">

and upon conviction thereof shall be punished as for a misdemeanor. For the second or any subsequent offense, a person violating the provisions of said subsection (b) 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 of not less than $1,000 nor more than $5,000 or by both such fine and imprisonment. Any person violating the provisions of subsection (c) of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978. TORTSPRIVITY TO SUPPORT ACTION, DEFENSES. Code Section 105-106 Amended. No. 1464 (Senate Bill No. 511). AN ACT To amend Code Section 105-106, relating to privity to support action, so as to provide that it shall be an affirmative defense for a manufacturer in certain actions that his product was altered from its condition when sold; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 105-106, relating to privity to support action, is hereby amended by striking in its entirety Code Section

"GA1978.1.2203">

105-106, relating to privity to support action and substituting in lieu thereof a new Code Section 105-106 to read as follows: 105-106. Privity to support action. (a) Except as otherwise provided in this Section, no privity is necessary to support an action for tort; but if the tort results from the violation of a duty, itself the consequences of a contract, the right of action is confined to the parties and privies to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 109A-2-318. (b) (1) The manufacturer of any personal property sold as new property, either directly or through a dealer or any other person, shall be liable in tort, irrespective of privity, to any natural person who may use, consume or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended and its condition when sold is the proximate cause of the injury sustained. (2) It shall be an affirmative defense for a manufacturer in any action pursuant to this subsection that the personal property causing the injury was substantially altered, other than normal wear and tear, after sale from its condition when sold and such alteration was the proximate cause of the injury sustained. (3) A manufacturer may not exclude or limit the operation of this subsection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

"GA1978.1.2204">

ALIMONYMODIFICATION OF PERMANENT ALIMONY JUDGMENTS. No. 1465 (Senate Bill No. 581). AN ACT To amend an Act providing for modification of permanent alimony, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended, particularly by an Act approved April 6, 1977 (Ga. Laws 1977, p. 1253), so as to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for modification of permanent alimony, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended, particularly by an Act approved April 6, 1977 (Ga. Laws 1977, p. 1253), is hereby amended by adding a new Section 4A, immediately following Section 4, to read as follows: Section 4A. It is the intention of the General Assembly that the provisions of this Act shall be effective and apply to any judgment of a court providing permanent alimony for the support of a wife, including such judgments rendered prior to the effective date of this Act as well as those rendered after the effective date 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 April 10, 1978.

"GA1978.1.2205">

STATE REVENUE COMMISSIONERSPECIAL MOTOR VEHICLE LICENSE PLATES. No. 1466 (Senate Bill No. 604). AN ACT To authorize and direct the State Revenue Commissioner to issue special motor vehicle license tags to certain members of the Active Reserve Components of the United States; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective as applied to motor vehicle license tags issued for the calendar year 1979, owners of motor vehicles who are assigned or attached members of troop program units of any branch of the Active Reserve Components of the United States shall be eligible to receive free motor vehicle license tags for private passenger cars or trucks used for personal transportation. Such license tags shall be issued in compliance with the State motor vehicle laws relating to registration and licensing of motor vehicles, as prescribed in Code Sections 68-214 and 68-215. No person shall be entitled to more than one free motor vehicle license tag for any calendar year. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to distinctively identify the owner as a member of the United States Military Reserve. The major commanders of each Active Reserve Component program shall furnish to the State Revenue Commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. Section 2. Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the United States Military Reserve, 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 Reservist acquire another motor vehicle, the license plate issued pursuant to this Act may be placed on such newly acquired motor vehicle, and such Reservist shall

"GA1978.1.2206">

notify the State Revenue Commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the State Revenue Commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free Reservist license tags. Should an Active Reservist, who has been issued a free license plate, be discharged or otherwise separated from his Reserve unit, the immediate commanding officer of such Active Reservist shall obtain the discharged member's free 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 person has been discharged, and thereupon the State Revenue Commissioner shall reissue to such former Reservist a regular license plate to replace the Reservist plate at no additional charge. Should an Active Reservist have enlisted or been commissioned after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the State Revenue Commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the Reserve Components, and the effective date thereof, whereupon the State Revenue Commissioner shall reissue to such new member a Reservist license plate to replace the returned regular plate at no extra charge. Upon such request for a change in plate for a discharged Reservist or a newly enlisted Reservist, 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 3. The State Revenue Commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all State license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such tags shall be made to the State Revenue Commissioner. The State Revenue Commissioner is specifically authorized to promulgate all rules and regulations necessary to insure compliance in instances where such vehicles have been transferred or sold. Such tags shall be nontransferable. Section 4. This Act is supplementary to the motor vehicle licensing laws of Georgia, and nothing herein shall be construed as abridging or repealing such laws.

"GA1978.1.2207">

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978. GEORGIA SCENIC RIVERS ACT OF 1969 AMENDED. No. 1467 (Senate Bill No. 605). AN ACT To amend an Act known as the Georgia Scenic Rivers Act of 1969, approved April 28, 1969 (Ga. Laws 1969, p. 933), so as to designate certain sections of rivers as a part of the Georgia Scenic River System; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Scenic Rivers Act of 1969, approved April 28, 1969 (Ga. Laws 1969, p. 933), 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. (a) The Georgia Scenic River System shall be comprised of the following: (1) That portion of the Jacks River as contained within the Cohutta National Wilderness Area and located in Fannin and Murray counties, Georgia, extending a length of approximately 16 miles. (2) That portion of the Conasauga River within the Cohutta National Wilderness Area and located in Fannin, Gilmer and Murray counties, Georgia, extending a length of approximately 17 miles.

"GA1978.1.2208">

(3) That portion of the Chattooga River and its West Fork which are now designated as part of the Chattooga National Wild and Scenic River and located in Rabun County, Georgia, extending a length of approximately 34 miles. (b) The Georgia Scenic River System shall also be comprised of any river or section of a river hereafter designated a Scenic River by Act or Resolution of the General Assembly. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978. EMPLOYMENT OF CHILDRENAPPROVAL OF COMMISSIONER OF LABOR, ETC. No. 1468 (Senate Bill No. 625). AN ACT To amend an Act regulating employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), as amended, so as to provide that minors may work as actors or performers in motion pictures or theatrical productions, in radio or television productions, in any other performance, concert or entertainment, in the making of phonographic records, or as advertising or photographic models; to provide for consent of the Commissioner and the conditions thereof; to prohibit the employment of minors for the production of sexually explicit material; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), as amended, is hereby

"GA1978.1.2209">

amended by adding between Sections 6 and 7 thereof a new Section to be numbered Section 6A, to read as follows: Section 6A. (a) Notwithstanding any other provisions of this Act to the contrary, nothing in this Act shall apply to any minor employed as an actor or performer in motion pictures or theatrical productions, in radio or television productions, in any other performance, concert or entertainment, or to any minor employed in the making of phonographic records or as an advertising or photographic model; provided that the written consent of the Commissioner of Labor must be first obtained. (b) Provided, however, it is unlawful for any person to knowingly employ any minor to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. Any person violating this provision shall be guilty of a felony and, upon conviction of the violation, shall be punished by imprisonment for not less than one year nor more than ten years in the penitentiary, or by a fine of not more than $10,000 or by both. (c) Before the Commissioner of Labor shall give his written consent, as provided in subsection (a) of this Section, he shall investigate and determine: (1) that the environment in which the work is to be performed is proper for the minor; (2) that the conditions of employment are not detrimental to the health of the minor; (3) that the minor's education will not be neglected or hampered by his participation in any of the activities referred to in subsection (a) above; and (4) that the minor will not be used for pornographic purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

"GA1978.1.2210">

REVENUEMOTOR VEHICLE LICENSE PLATE FEES. No. 1469 (House Bill No. 831). AN ACT To amend an Act, relating to motor vehicle licenses, approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, which Act has been codified as Code Chapter 92-29, so as to change the license tag fees for certain vehicles; to provide 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. Laws 1937-38, Ex. Sess., p. 259), as amended, which Act has been codified as Code Chapter 92-29, is hereby amended by striking in their entirety subsections (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of Section 4, which Section has been codified as Code Section 92-2902, and inserting in lieu thereof new subsections (1), (2), (3), (4), (5), (6), (7), (8), (10) and (12), respectively, to read as follows: (1) Passenger cars . For each passenger motor vehicle not operated as a common or contract carrier for hire, $8.00. (2) Motorcycle. For each motorcycle, the sum of $5.00. (3) Private trucks . For each private truck, in accordance with the owner declared gross weight, as follows: (a) Less than 14,000 lbs. $ 8.00 (b) 14,001 to 18,000 lbs. $ 20.00 (c) 18,001 to 24,000 lbs. $ 30.00 (d) 24,001 to 30,000 lbs. $ 40.00 (e) 30,001 to 36,000 lbs. $ 60.00 (f) 36,001 to 44,000 lbs. $ 100.00 (g) 44,001 to 52,000 lbs. $ 175.00 (h) 52,001 to 63,280 lbs. $ 275.00 (i) 63,281 to maximum permitted $ 375.00

"GA1978.1.2211">

except that a straight truck and not a truck-tractor shall not be classified higher than (e) or $60.00: Provided, however, that straight trucks hauling not for hire fertilizer and agricultural products shall not be classified higher than (c) or $25.00: Provided, further, that truck-tractors hauling fertilizer and milk shall not be classified higher than (g) or $175.00. (4) Farm Trucks . For each farm truck, the sum of $8.00. (5) Private trailers . For each private trailer, the annual license fee shall be $8.00; however, for farm trailers, house trailers, auto trailers, boat trailers, horse and cattle trailers, trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination, and trailers with no springs which are pulled from a tongue and used primarily to transport fertilizer to the farms, the annual license fee shall be $5.00. (6) Farm trailers . For each farm trailer, the maximum fee shall be $5.00. Where the trailer is used exclusively to haul agricultural products from one place on the farm to another, or from one farm or field to another, and weighing less than 3,500 pounds factory weight, there shall be no fee. (7) House trailers, auto trailers and boat trailers whether pulled by a private automobile or a private truck other than truck trailers used as a common or contract carrier for hire . For house trailers, auto trailers and boat trailers whether pulled by a private automobile or a private truck, not used as, or in connection with, a motor vehicle, truck or tractor used as a common or contract carrier for hire, $5.00. (8) Trailers used as common or contract carriers . For trailers used as, or in connection with, a motor vehicle, truck or tractor used as a common or contract carrier for hire, the annual license fee shall be $8.00. (10) Trucks used as common or contract carriers . For each truck or nonpassenger-carrying motor vehicle operated as a common or contract carrier for hire, in accordance with owner declared gross vehicle weight, as follows:

"GA1978.1.2212">

(a) Less than 14,000 lbs $ 8.00 (b) 14,001 to 18,000 lbs $ 20.00 (c) 18,001 to 24,000 lbs $ 30.00 (d) 24,001 to 30,000 lbs $ 80.00 (e) 30,001 to 36,000 lbs $120.00 (f) 36,001 to 44,000 lbs $200.00 (g) 44,001 to 52,000 lbs $350.00 (h) 52,001 to 63,280 lbs $550.00 (i) 63,281 to maximum permitted $700.00 except that a straight truck and not a truck-tractor shall not be classified higher than (e) or $120.00. (12) Hearses or ambulances. For each motor-drawn hearse or ambulance, $8.00. Section 2. This Act shall become effective on January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978. ENERGY CONSERVATION BUILDING STANDARDS ACT OF 1978. No. 1470 (House Bill No. 1310). AN ACT To authorize the State Building Administrative Board to adopt regulations for the establishment of thermal efficiency standards for new and renovated buildings, and lighting efficiency standards for new and renovated public buildings; to provide for a short title; to provide for definitions; to provide for the adoption of thermal and lighting efficiency standards; to provide for the amendment of standards;

"GA1978.1.2213">

to provide for the enforcement of standards; to provide for appeals; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Energy Conservation Building Standards Act of 1978. Section 2. Findings: Declaration of Policy. The General Assembly finds that the increasing scarcity of traditional energy resources, which have been the foundation of Georgia's economic growth and well-being, demands a positive program to encourage energy conservation. Because lighting, heating, and cooling of buildings presently constitute a substantial portion of the State's energy use, the 1977 Session of the General Assembly directed the State Building Administrative Board to develop thermal and lighting efficiency standards to encourage energy conservation in the construction and renovation of buildings. The General Assembly recognizes the diligent efforts of the State Building Administrative Board in developing the Georgia State Code for Energy Conservation in New Building Construction at the direction of the General Assembly (Ga. Laws 1977, p. 769), and declares, therefore, that the State Building Administrative Board shall be authorized to adopt regulations for the implementation of thermal efficiency standards for new and renovated buildings, and lighting efficiency standards for new and renovated public buildings. Section 3. Definitions. For the purpose of this Act, the following terms shall have the definitions ascribed to them below, unless the context clearly requires otherwise: (1) Board means State Building Administrative Board. (2) Exempted building means any of the following: (a) any building whose peak design rate of energy usage for heating, cooling, ventilation, and lighting is less than one watt or 3.4 British thermal units (Btus) per hour per square foot of floor area for all purposes;

"GA1978.1.2214">

(b) any building which is neither mechanically heated nor cooled; (c) any mobile home; and (d) any building owned or leased in whole or in part by the United States. (3) Exterior envelope means those elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior. (4) New building means any building on which final design is commenced after the adoption of standards under this Act. (5) Public building means any building which is open to the public during normal business hours, and is not an exempted building, including the following: (a) any building which provides facilities or shelter for public assembly, or which is used for educational, office, or institutional purposes; (b) any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise; (c) any portion of an industrial plant building used primarily as office space; and (d) any building owned by the State or a political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas, and university buildings. (6) Renovated building means either of the following: (a) a building undergoing alteration of the exterior envelope, heating, ventilation and air conditioning systems, water heating systems or lighting systems, for which the aggregate cost exceeds ten percent of the assessed value of the building immediately prior to such alteration; or

"GA1978.1.2215">

(b) a building undergoing alteration in the physical configuration or interior space for which the aggregate cost of alteration exceeds one-fourth of the assessed value of the building, immediately prior to such alteration. Section 4. Adoption of Thermal and Lighting Efficiency Standards. The Board shall have the power to adopt regulations which establish minimum thermal efficiency standards in new and renovated buildings, and lighting efficiency standards in new and renovated public buildings. The standards shall not apply to exempted buildings, and the standards for renovated buildings shall apply only to the portions or systems of the building which are directly involved in the renovation. No standards shall become effective without the approval of the Office of Energy Resources. The Board shall consult with the Office of Energy Resources during the development of any standards to be adopted under this Act, and shall submit such standards to the Office of Energy Resources for approval at least ten days prior to the adoption of such standards. The standards shall be adopted no later than three months from the date of enactment of this Act, and in accordance with the Administrative Procedure Act. Such standards shall: (1) Be developed in consideration of the Georgia State Code for Energy Conservation in New Building Construction, which was developed by the Board from a model prepared by the National Conference of States on Building Codes and Standards; (2) Be designed to achieve maximum energy savings, consistent with protecting the public health, safety, and welfare; and commensurate with the cost of complying with such standards; (3) Be consistent with the latest and most effective technology; (4) Incorporate maximum flexibility by the use of performance standards, where feasible, as well as prescriptive standards; and (5) Exclude exempted buildings. Section 5. Amendment of Standards. The Board shall review the standards adopted under this Act at least annually, and make any revisions deemed appropriate. Prior to any revision of the standards, the Board shall consult with and use the advice of the Energy

"GA1978.1.2216">

Standards Advisory Committee as to any proposed or considered revisions of the standards. To effectuate the provisions of this Section, there is hereby created the Energy Standards Advisory Committee. The Committee shall be composed of five (5) persons to be appointed by the Governor. The five (5) members shall be representative of the building industry, both commercial and residential. The Committee members shall serve at the pleasure of the Governor. The Committee members shall serve without compensation. The Governor shall annually select one of the members to serve as Chairman and one of the members to serve as Vice Chairman. The State Building Administrative Board shall act as the Committee's administrative agent. The Committee shall meet as necessary to consult with and give advice to the Board concerning the Board's annual review of the standards and consideration of any revisions thereof. A majority of the members of the Committee shall constitute a quorum for the transaction of any and all business. Such revisions shall be considered and adopted in accordance with the Georgia Administrative Procedure Act, and shall be subject to the provisions of Section 4 of this Act. Section 6. Enforcement of Standards. The design, erection, construction and alteration of any building for which the standards provided for by this Act shall apply shall be accomplished so that the building, or applicable portions thereof, shall meet or conform to such standards. Enforcement of compliance with the provisions of this Section shall be solely the province of local governing authorities, except in regard to buildings owned by the State. In State-owned buildings, the State agency which owns the building shall provide for the compliance with the standards adopted under this Act. Local governing authorities are authorized to adopt rules and regulations for the administration and enforcement of these standards, and to adopt such penalties for violation of the standards as they deem appropriate. Section 7. Appeals. The Chairman of the Board shall designate from time to time an Appeals Board, which shall consist of not less than three nor more than five members of the Board. The Appeals Board shall have authority to hear appeals relating to the interpretation,

"GA1978.1.2217">

enforcement, and administration by local governing authorities of the standards adopted under this Act, or concerning exceptions to this Act. The Appeals Board may, at its option, hear de novo cases, but shall not hear any appeal until it is determined that the appeal procedures available through the affected local government have been exhausted. If the Appeals Board determines that the local governing authority erred in its interpretation of the standards, it shall remand the case to the local government with instructions to take such action as the Appeals Board directs. Decisions of the Appeals Board may be further appealed to the full Board. Further appeals may be made as provided by the Administrative Procedure Act. Section 8. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 9. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

"GA1978.1.2218">

TORTSPRIVITY TO SUPPORT ACTIONS, HOMICIDE DEFINED. Code Sections 105-106, 105-1301 Amended. No. 1471 (House Bill 1327). AN ACT To amend Code Title 105, relating to torts, as amended, so as to change the definition of the term homicide; to change the provisions relating to the privity necessary to support an action; to provide that manufacturers of certain personal property shall be liable in tort, irrespective of privity, in certain cases in which death or injury occurs; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 105, relating to torts, as amended, is hereby amended by striking Code Section 105-106, relating to the privity necessary to support an action, in its entirety and inserting in lieu thereof a new Code Section 105-106, to read as follows: 105-106. Privity to support action. No privity is necessary to support an action for tort; but if the tort results from the violation of a duty, itself the consequences of a contract, the right of action is confined to the parties and privies to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 109A-2-318. However, the manufacturer of any personal property sold as new property, either directly or through a dealer or any other person, shall be liable in tort, irrespective of privity, to any natural person or the successor of his cause of action as designated in Code Sections 105-1302, 105-1303, 105-1306, 105-1307 or 105-1309 who may use, consume or reasonably be affected by the property and who suffers death or injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended and its condition when sold is the proximate cause of the death or injury sustained; a manufacturer may not exclude or limit the operation hereof.

"GA1978.1.2219">

Section 2. Said Code Title is further amended by adding, following the word negligence, in Code Section 105-1301, the following: or from defectively manufactured property whether or not the result of negligence, so that when so amended Code Section 105-1301 shall read as follows: 105-1301. `Homicide' defined.The word `homicide' as used in this Chapter shall include all cases where the death of a human being results from a crime or from criminal or other negligence or from defectively manufactured property whether or not the result of negligence. 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 10, 1978. STATE DEPARTMENT OF VETERANS SERVICE DIRECTOR MAY USE TITLE OF COMMISSIONER. No. 1472 (House Bill No. 1347). AN ACT To amend an Act creating a State Department of Veterans Service, approved March 8, 1945 (Ga. Laws 1945, p. 319), as amended, so as to authorize the Director of Veterans Service to use the title of Commissioner when signing official letters, papers and documents; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1978.1.2220">

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a State Department of Veterans Service, approved March 8, 1945 (Ga. Laws 1945, p. 319), as amended, is hereby amended by adding a new paragraph at the end of Section 1, to read as follows: Notwithstanding any other provisions of this Act to the contrary, the Director of Veterans Service is hereby authorized to use the title of `Commissioner' when signing official letters, papers and documents. 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 10, 1978. STATE BOARD OF WORKERS' COMPENSATION ACT AMENDED. Code Title 114 Amended. No. 1473 (House Bill No. 1360). AN ACT To amend Code Title 114, relating to Workmen's Compensation, as amended, so as to change the designation to Workers' Compensation; to change the name of the Board to the State Board of Workers' Compensation and change the word Workmen's to Workers'; to provide for the time and procedure for filing claims; to provide benefits for total disability; to provide benefits for temporary partial disability; to provide benefits for permanent partial disability; to

"GA1978.1.2221">

provide limitation on simultaneous income benefits; to provide limitation on income benefits for permanent partial disability; to provide for benefits for total disability by subsequent injury; to provide for credits for payments when not due; to provide for lump sum payments; to provide for the selection of physicians, including any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia; to provide for a method of payment of income benefits; to provide for the filing of claims; to provide for procedures for hearings; to provide for modifications of awards and orders; to provide for the payment of attorney's fees; to provide for payment of physicians and hospitals; to provide for assessment of civil penalty; to provide for other matters relative to the foregoing; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 114, relating to Workmen's Compensation, as amended, is hereby amended by changing the designation of Workmen's Compensation, wherever the same shall appear, to Workers' Compensation, by changing the name of the State Board of Workmen's Compensation to the State Board of Workers' Compensation and by changing the term Workmen's to Workers', wherever the same shall appear, it being the intent of this Section to delete throughout Code Title 114 any reference whatsoever to workmen, substituting therefor worker, so that henceforth Code Title 114 shall be known as Workers' Compensation and the Board designated thereunder shall be known as the State Board of Workers' Compensation. Section 2. Said Code Title is further amended by striking Code Section 114-305 in its entirety and inserting in lieu thereof a new Code Section 114-305 to read as follows: 114-305. Time and procedure for filing claims. (a) The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury, the claim may be filed within one year after the date of the last remedial treatment furnished by the employer or within two years after the date of the last payment of weekly benefits.

"GA1978.1.2222">

(b) The right to compensation for death shall be barred unless a claim therefor is filed within one year after death of the employee. (c) The claim shall be filed with the Board and should contain such information as may be prescribed by rule or regulation of the Board. (d) The filing of any claim for injury or death under the provisions of this Title filed with any of the agency's offices throughout the State shall be deemed proper filing with the Board. Section 3. Said Code Title is further amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Code Section 114-404 to read as follows: 114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage, but not more than $110.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. Section 4. Said Code Title is further amended by striking Code Section 114-405 in its entirety and inserting in lieu thereof a new Code Section 114-405 to read as follows: 114-405. Income benefits for temporary partial disability. Except as otherwise provided in Code Section 114-406, and while the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $80.00 per week for a period not exceeding 350 weeks from the date of injury. Section 5. Said Code Title is further amended by striking Code Section 114-406 in its entirety and inserting in lieu thereof a new Code Section 114-406 to read as follows:

"GA1978.1.2223">

114-406. Income benefits for permanent partial disability. (a) Definition. For purposes of this Title, permanent partial disability is defined as disability partial in character but permanent in quality, resulting from loss or loss of use of body members or from the partial loss of use of the employee's body. (b) Payment of benefits. (1) In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this Section. These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein provided. (2) Income benefits due under this Section shall not become payable so long as the employee is entitled to benefits under the provisions of Code Sections 114-404 or 114-405. (3) If any employee is receiving benefits under this Section and experiences a change in condition qualifying the employee for income benefits under the provisions of Code Sections 114-404 or 114-405, any payments under this Section shall cease until further change of employee's condition occurs. (c) Schedule of income benefits. Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 114-404, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows: Bodily Loss Maximum Weeks (1) Arm 225 (2) Leg 225 (3) Hand 160 (4) Foot 135 (5) Thumb 60 (6) Index finger 40 (7) Middle finger 35 (8) Ring finger 30 (9) Little finger 25 (10) Great toe 30 (11) Any toe other than the great toe 20 (12) Loss of hearing, traumatic One ear 60 Both ears 150 (13) Loss of vision of one eye 125 (14) Disability to the body as a whole 350

"GA1978.1.2224">

(d) Phalanges: Loss of a distal phalange shall be considered to be equal to the loss of one-half of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit. (e) Amputated arm or leg: Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg, but if amputated between the elbow and the wrist, or the knee and the ankle, shall be seven-eights of the loss for an arm or leg, provided a prosthetic device can be affixed. (f) Disability to the body as a whole: For the purpose of determining disability to the body as a whole under subsection (c)(14), supra, `disability' means either physical impairment or actual wage loss as provided under Code Section 114-405, whichever is greater. No combination of payments under subsection (c)(14) and Code Section 114-405 shall exceed 350 weeks. (g) Loss of more than one major member: Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 114-404. Section 6. Said Code Title is further amended by striking Code Sections 114-408, 114-409 and 114-410 in their entirety and inserting in lieu thereof a new Code Section 114-408 to read as follows: 114-408. Subsequent injury. (a) Limitation on simultaneous income benefits. If an employee received an injury for which income benefits are payable while still entitled to or receiving income benefits for a previous injury, the employee shall not be entitled to income benefits at the same time for both injuries, unless because of the later injury the employee is entitled to income benefits for a permanent partial disability under Code Section 114-406,

"GA1978.1.2225">

but the employee shall be entitled to income benefits for that injury and from the time of that injury which will cover the longest period and the largest amount of income benefits payable. Compensation for other than income benefits shall be apportioned upon a determination of whether attributable to the first or second injury. (b) Limitation on income benefits for permanent partial disability. If an employee received an injury for which income benefits are payable under Code Section 114-406, and has a preexisting bodily loss or loss of use as described under Code Section 114-406 which was increased by reason of the injury, the employee shall be entitled to income benefits under Code Section 114-406 only for the loss or loss of use as increased by the injury. This limitation, however, shall not prevent the employee from continuing to receive income benefits for the preexisting loss or loss of use to which the employee is otherwise entitled under Code Section 114-406. (c) Total disability by subsequent injury. (1) An employee who has a prior disability as described in Chapter 114-9 who sustains a subsequent injury which combines with the prior injury to produce total disability shall be entitled to income benefits as provided in Code Section 114-404. The loss of both hands, feet, arms, legs, or the loss of any two of them, or the total loss of vision of both eyes shall be presumed to be total disability, subject to rebuttal. (2) An employer who shall make payment under this subsection shall be entitled to reimbursement as determined under the provisions of Chapter 114-9. Section 7. Said Code Title is further amended by striking Code Section 114-415 in its entirety and inserting in lieu thereof a new Code Section 114-415 to read as follows: 114-415. Payments not due when made. The payment of any weekly benefit made during an employee's disability or to any dependent, which was not due when made, shall be credited against any payments of weekly benefits due by either reducing the period for which compensation is due or by reducing the amount of the weekly benefit or both.

"GA1978.1.2226">

Section 8. Said Code Title is further amended by striking Code Section 114-417 in its entirety and inserting in lieu thereof a new Code Section 114-417 to read as follows: 114-417. Payment in lump sum. (a) Upon the application of any party, when benefits have been continued for a period of not less than 26 weeks, if the Board determines that it is for the best interest of the claimant, to prevent extreme hardship or is essential to the rehabilitation of the claimant, the Board may order that the liability of the employer for future income benefits shall be discharged by the payment in a lump sum equal to the present value of all future payments of income benefits commuted at 7% per annum. (b) Under the same requirements of subsection (a), the Board may order the employer to make advance payment of a part of the future income benefits by payment of a lump sum equal to the present value of such part of the future income benefits commuted at 7% per annum. Partial lump sum advance payments may be accomplished by reducing the period of payment or reducing the weekly benefit, or both. Section 9. Said Code Title is further amended by adding, immediately following Code Section 114-503, a new Code Section to be numbered Code Section 114-504 to read as follows: 114-504. Selection of physician. (a) Panel of physicians including any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia, duty of employer to maintain. The employer shall maintain a list of at least three physicians, or professional associations or corporations of physicians to be known as the Panel of Physicians, including any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia, who are reasonably accessible to the employees. The employer shall post this list in a prominent place or places upon the business premises and otherwise take all reasonable measures to insure that employees: (1) Understand the function of the panel and the employee's right to select a physician therefrom in case of injury. (2) Are given appropriate assistance in contacting panel members when necessary.

"GA1978.1.2227">

(b) Selection of physician by employee. An employee may accept the services of a physician, including any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia, selected by the employer or select a physician from the panel. Due to an emergency or for some other justifiable reasons the selection requirements of this paragraph shall not apply as long as the inability to make a selection persists. The physician selected under this subsection may arrange for any consultation, referral, extraordinary or other specialized medical services as the nature of the injury shall require. The employer shall not be responsible for the charges for medical services furnished or ordered by any physician, including any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia, or other person selected by the employee in disregard of the provisions of this subsection. (c) Change in physician or treatment. Upon the request of an employee or an employer, the Board may order a change of physician, including any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia, or treatment as provided under Code Section 114-501. The employee may make one change from one to another physician on the same panel without authorization of the Board. (d) Employer's failure to maintain panel, liability. If the employer fails to maintain the panel of physicians or to permit an employee to make a choice of a physician from the panel, an employee may select any physician, including any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia, to render service at the expense of the employer. Section 10. Said Code Title is further amended by striking Code Section 114-705 in its entirety and inserting in lieu thereof a new Code Section 114-705 to read as follows: 114-705. Method of payment. (a) Income benefits shall be paid periodically, promptly and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. (b) The first payment of income benefits shall become due on the 14th day after the employer has knowledge of the injury or

"GA1978.1.2228">

death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be paid in installments weekly except where the Board determines that payment in different installments would be beneficial to all parties concerned. (c) Upon making the first payment, and upon suspension of payment for any cause, the employer shall notify immediately the Board and employee, in accordance with forms prescribed by the Board that payment of income benefits has begun or has been suspended, as the case may be. (d) If the employer controverts the right to compensation, it shall file with the Board on or before the 21st day after knowledge of the alleged injury or death, a notice in accordance with the form prescribed by the Board stating that the right of compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the ground upon which the right to compensation is controverted. (e) If any income benefits payable without an award are not paid within 14 days after becoming due, there shall be added to the accrued income benefits an amount equal to 15% thereof, which shall be paid at the same time as, but in addition to, the accrued income benefits, unless notice is filed under subsection (d) of this Section, or unless this nonpayment is excused by the Board after showing by the employer that owing to conditions beyond control of the employer the income benefits could not be paid within the period prescribed. (f) If income benefits, payable under the terms of an award, are not paid within 20 days after becoming due, there shall be added to the accrued income benefits an amount equal to 20% thereof, which shall be paid at the same time as, but in addition to, the accrued benefits unless review of the award is granted by the Board. (g) Within 30 days after final payment of compensation, the employer shall send to the Board a notice in accordance with the form prescribed by the Board stating that final payment has been made, the total amount of compensation paid, the name of the employee and any other person to whom compensation has been paid, the date of the injury or death and the date to which income benefits have been paid.

"GA1978.1.2229">

(h) Where compensation is being paid without an award, the right to compensation shall not be controverted except upon the grounds of change in condition or newly discovered evidence unless notice to controvert is filed with the Board within 60 days of the due date of first payment of compensation. (i) Where compensation is being paid with or without an award and an employer or insurer elects to controvert on the grounds of a change in condition or newly discovered evidence the employer shall, not later than 10 days prior to the due date of the first omitted payment of income benefits, file with the Board and the employee or beneficiary a notice to controvert the claim in the manner prescribed by the Board. (j) The Board or any Administrative Law Judge shall issue such orders as may be necessary to enforce the penalty provisions of this Section. Section 11. Said Code Title is further amended by striking Code Section 114-706 in its entirety and inserting in lieu thereof a new Code Section 114-706 to read as follows: 114-706. Filing of claims. (a) Subject to the provisions of Code Section 114-305 a claim for compensation may be filed with the Board at any time following an injury or death. The Board and its Administrative Law Judges shall have full authority to hear and determine all questions in respect to such claims. (b) Within 10 days after the claim is filed, the Board shall notify the parties of the filing of such claim by regular mail. (c) The Board shall make or cause to be made any investigation it considers necessary and, upon its own motion or application of any interested party, order a hearing thereon and assign the claim to an Administrative Law Judge for this purpose. Section 12. Said Code Title is further amended by striking Code Section 114-707 in its entirety and inserting in lieu thereof a new Code Section 114-707 to read as follows: 114-707. Hearing before Administrative Law Judge. (a) Notice of hearing. The hearing shall be held as soon as practicable.

"GA1978.1.2230">

(b) Place of hearing. If the injury or death occurred within this State, the hearing shall be held in the county where the injury or death occurred, or in any contiguous county unless otherwise agreed by the parties and authorized by the Administrative Law Judge. If the injury or death occurred outside the State, the hearing may be held in the county of the employer's residence or place of business, or in any other county of the State as determined in the discretion of the Administrative Law Judge. (c) Authority of Administrative Law Judge. The Administrative Law Judge conducting the hearing shall have, in addition to all powers necessary to implement the provisions of this Title, the following: to administer oaths and affirmations, to issue subpoenas, to rule upon offers of proof, to regulate the course of the hearing, to set the time and place for continued hearings, to fix the time for filing briefs, to dispose of motions to dismiss for lack of Board jurisdiction, to rule on requests for continuance, to add or delete parties with or without motion, to issue interlocutory orders, to rule upon or dispose of all other motions, to appoint guardians under Code Section 114-421 and to reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Administrative Law Judge. (d) Discovery procedures. Discovery procedures shall be governed and controlled by the Civil Practice Act of Georgia (Ga. Laws 1966, p. 609 et seq.), as amended. (1) The term `Administrative Law Judge' shall be substituted for the word `court' when construing any procedural rule, provided that any Administrative Law Judge shall seek enforcement of orders as stated in subsection (h). (2) The Administrative Law Judge may admit as evidence at the hearing and at all future hearings evidence obtained by depositions, interrogatories, or admissions of fact, whether or not the deponent is available to testify in person at the hearing, and whether or not the evidence was taken originally for the purpose of discovery or evidence, or both. (e) Conduct of hearing.

"GA1978.1.2231">

(1) The Administrative Law Judge shall conduct the hearing in an informal manner consistent with the requirements of due process of law. Irrelevant, immaterial and unduly repetitious evidence shall be excluded. The rules of evidence pertaining to the trial of civil nonjury cases in the superior courts of Georgia shall be followed unless otherwise provided in this Title. A party may conduct such cross-examination as required for a full and true disclosure of the facts. Official notice may be taken of judicially cognizable facts, provided the parties are provided an opportunity to contest the material noticed. (2) Any medical report on a form prescribed by the Board or in narrative form signed and dated by an examining or treating physician or other duly qualified medical practitioner shall be admissible in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, and prognosis by the person signing the report, as if that person were present at the hearing and testifying as a witness, subject to the right of any party to object to the admissibility of any portion of the report, and subject to the right of an adverse party to cross-examine the person signing the report and provide rebuttal testimony within the time allowed by the Administrative Law Judge. The party tendering the medical report may within the time allowed by the Administrative Law Judge also introduce the testimony of the person signing the medical report for the purpose of supplementing the report. (f) Decision of the Administrative Law Judge. Following the completion of evidence, the Administrative Law Judge within 30 days, unless the time for filing the decision is extended by the Board, shall determine the questions and issues and file the decision with the record of the hearing. At the time of the filing a copy of the decision shall be mailed to all parties at their last known addresses. The decision of the Administrative Law Judge shall be made in the form of a compensation award, appropriately titled to show its purpose and containing a concise report of the case, with findings of fact and conclusions of law, and any other necessary explanation of the action taken. The Administrative Law Judge may reconsider the official decision prior to its becoming final, to correct apparent errors or omissions. The compensation award shall be final unless an appeal is filed in accordance with provisions of Code Section 114-708.

"GA1978.1.2232">

(g) Record of hearing. The hearing shall be reported by a designated reporter for the agency but need not be transcribed absent timely application to the Board for an appeal from the decision of the Administrative Law Judge. At any time, however, a party shall have a right to obtain a transcript of the record upon payment to the reporter of the expense of transcription. (h) Enforcement of orders of Administrative Law Judge. If any party, or an agent or employee of a party, in proceedings before the Administrative Law Judge or Board disobeys or resists any lawful order or process; or neglects to produce after having been ordered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed; or upon appearing refuses to take the oath or affirmation as a witness; or after taking the oath or affirmation refuses to be examined under law, the Administrative Law Judge or Board shall have the same rights and powers enumerated to the court under the Civil Practice Act. If any person not a party refuses as aforesaid, the Administrative Law Judge or Board may certify the facts to the superior court of the county where the offense is committed for appropriate action. (i) Address of record. Each employer and claimant shall maintain an up-to-date address with the Board. Any notice required by this Title shall be satisfied by mailing the notice to the address of record; provided, that mailing to an obsolete address, if not properly forwarded, shall not prejudice a claimant if it is established to the satisfaction of the Administrative Law Judge or the Board that at the time of the mailing the employer knew or should have known of a subsequent and proper address for the claimant. (j) Notice to nonresident party. (1) Any party subject to this Title who is or who becomes a nonresident of this State at the time of or after the injury or death of an employee shall be deemed to have appointed irrevocably the Secretary-Treasurer of the Board as that party's agent for service of notice or any other process in any proceeding under this Title. (2) Any notice or process served on the Secretary-Treasurer shall have the same legal effect as if served upon the non-resident party personally within the State.

"GA1978.1.2233">

(3) The Secretary-Treasurer or his designated agent shall immediately send a copy of the notice or process by certified mail to the last known address of the nonresident party. Section 13. Said Code Title is further amended by striking Code Section 114-709 in its entirety and inserting in lieu thereof a new Code Section 114-709 to read as follows: 114-709. Modification of award or order contained in prior decision . (a) Definition. For the purpose of this Title, `change in condition' means: (1) a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary under this Title; and (2) which change occurred after the date of the wage-earning capacity, physical condition, or status of the employee or other beneficiary was last established by award or otherwise. (b) Modification of prior final decision. (1) The Board on its own motion may propose or any party may apply under this Section for another decision because of a change in condition ending, decreasing, increasing or authorizing the recovery of income benefits awarded or ordered in the prior final decision provided the prior decision of the Board was not based on a settlement; and (2) if at the time of application the foregoing requirements have been met, but the prior decision is then on appeal to the courts, the entering of a decision on the application shall be deferred pending final ruling of the courts; and (3) if at the time of application not more than two years have elapsed since the date of final payment of income benefits due under this Title. (c) Interlocutory orders. On application of either party, for good cause shown at any time prior to termination of the hearing, or to the Board, pending decision on appeal, the Administrative Law Judge or the Board may enter an interlocutory order suspending

"GA1978.1.2234">

the payment of all or part of, or increasing or decreasing, the income benefits due under the decision sought to be modified. Good cause, as shown by preliminary evidence in the form of affidavits, sworn documents, depositions, interrogatories, or medical reports may include, but not be limited to, an unjustified refusal to accept suitable and available employment, an increase or decrease in the physical impairment or wage-earning capacity of the employee, or the granting of continuance. (d) Retroactive effect of decision. (1) Subject to the limitation of paragraph (a)(2), the award or order contained in the final decision entered by the Administrative Law Judge or the Board shall be effective as of the time of change in condition as found by the Administrative Law Judge or Board, notwithstanding the retroactive effect of the award or order, provided that no execution following a judgment entered under Code Section 114-711 shall be affected. (2) If the decision determines that an overpayment of income benefits has been made and no future income benefits are due, the Administrative Law Judge or the Board, in its discretion, may order the employee or beneficiary to repay to the employer or the insurer the sum of the overpayments. Where there has been determined an overpayment of income benefits and future income benefits were due, the decision shall order the overpayment to be recovered by shortening the period of future weekly income benefits, or by reducing the weekly benefit, or both. (e) Credits for lump sum advances. Where a lump sum payment or an advance payment has been made to an employee under the provisions of Code Section 114-417 and a subsequent change in condition is found to have occurred, the employer shall be entitled to credit against future income benefits equal to the amount of the lump sum or advance payment. This shall be accomplished by reducing the period of future weekly income benefits or by reducing the weekly benefit or both. Section 14. Said Code Title is further amended by striking Code Section 114-712 in its entirety and inserting in lieu thereof a new Code Section 114-712 to read as follows:

"GA1978.1.2235">

114-712. Attorney's fees . (a) Fees of attorneys for service to claimants in an amount of more than $100 shall be subject to the approval of the Board and no attorney shall be entitled to collect any fee or gratuity in excess of $100 unless approved by the Board. (b) Assessment against opposing party. (1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the Administrative Law Judge or the Board may assess the adverse attorney's fee against the offending party. (2) If any provision of Code Section 114-705, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his rights under that Section and the claimant prevails, the reasonable fee of the attorney as determined by the Board and the costs of the proceedings may be assessed against the employer. (3) Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered and shall be made in a lump sum to the attorney for the nonoffending party. Section 15. Said Code Title is further amended by striking Code Section 114-714 in its entirety and inserting in lieu thereof a new Code Section 114-714 to read as follows: 114-714. Fees of physicians; hospital charges . Fees of physicians and charges of hospitals for services under this Title shall be subject to the approval of the Board. No physician or hospital shall be entitled to collect any fee unless reports required by the Board have been made. Section 16. Said Code Title is further amended by adding, immediately following Code Section 114-718, a new Code Section to be designated Code Section 114-719 to read as follows: 114-719. (a) Any employer or insurer who wilfully fails to file any form or report required by the Board, follow any order or directive of the Board or any of its members, or violates any rule or regulation

"GA1978.1.2236">

of the Board, shall be assessed a civil penalty of not less than $100 nor more than $1,000. (b) Any penalty assessed under subsection (a) shall be final unless within 10 days of the date of the assessment the employer or insurer files a written request with the Board for a hearing on the matter. Section 17. This Act shall become effective on July 1, 1978. In respect to the provisions of Code Sections 114-404, 114-405, and 114-406, as herein amended, and insofar as any provision of the Act creates a substantive right, it shall apply to any accident or injury occurring on or after July 1, 1978. In all other respects, including all procedural matters, it shall apply to any action taken on or after July 1, 1978, without regard to the date of accident or injury. Section 18. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of the Act or any part hereof, other than the part so held to be invalid, and the remaining provisions of this Act shall remain in full force and effect. It is the express intention of this Act to enact each provision of the Act independently of any other provision hereof. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

"GA1978.1.2237">

GEORGIA CONTROLLED SUBSTANCES ACT AMENDEDDRUG RELATED OBJECTS. Code Section 79A-811.1 Enacted. No. 1474 (House Bill No. 1368). AN ACT To amend Code Chapter 79A-8, the Georgia Controlled Substances Act, so as to prohibit certain transactions in objects intended primarily for use with narcotic drugs or marijuana; to provide for definitions; to provide penalties; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 79A-8, the Georgia Controlled Substances Act, is hereby amended by inserting between Code Sections 79A-811 and 79A-812 a new Code Section, to read as follows: 79A-811.1. Transactions in drug-related objects prohibited. (a) `Drug-related object' means any instrument, device or object which is primarily intended for one or more of the following purposes: (1) To inject, ingest, inhale or otherwise introduce into the human body marijuana or a controlled substance; (2) To enhance the effect on the human body of marijuana or a controlled substance; (3) To test the strength, effectiveness, or purity of marijuana or a controlled substance. (b) It shall be unlawful for any person (`transferor') to sell, offer to sell, exchange, or offer to exchange any drug-related object to any person but one whom the transferor knows to be authorized by law to possess or have under his control marijuana or a controlled substance for which the object is primarily intended to be used.

"GA1978.1.2238">

(c) Any person who shall violate any provision of this Section shall be guilty of a misdemeanor and, upon conviction thereof, 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. 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 10, 1978. BUS PASSENGER SAFETY ACT. No. 1475 (House Bill No. 1629). AN ACT To provide for the safety of bus passengers; to provide for a short title; to provide for definitions; to prohibit certain acts, actions and activities; to define the offense of bus hijacking; to prohibit the employment of certain dangerous or deadly weapons or other means capable of inflicting serious bodily injury; to prohibit the boarding of a bus with certain weapons; to provide for certain searches and seizures; to prohibit the removal of certain baggage, cargo or other

"GA1978.1.2239">

items under certain circumstances; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Bus Passenger Safety Act. Section 2. As used in this Act, the following terms shall have the meanings described within this Section unless the context clearly indicates otherwise: (a) Bus transportation company or company shall mean any person, groups of persons or corporation providing for-hire transportation to passengers or cargo by bus upon the highways in the State of Georgia, including passengers and cargo in interstate or intrastate travel. This term shall also include bus transportation facilities owned or operated by local public bodies, by municipalities, and public corporations, boards and commissions established under the laws of the State. (b) Terminal shall mean a bus station, depot or any facility operated by a bus transportation company. Terminal shall include a reasonable area immediately adjacent to any designated stop along the route traveled by any coach operated by a bus transportation company and parking lots or parking areas adjacent to a terminal. (c) Passenger shall mean any person served by the transportation company, and, in addition to the ordinary meaning of passenger, the term shall include any person accompanying or meeting another person who is transported by such company, any person shipping or receiving cargo and any person purchasing a ticket or receiving a pass. (d) Bus shall mean any passenger bus or coach or other motor vehicle having a seating capacity of not less than 15 passengers operated by a bus transportation company for the purpose of carrying passengers or cargo for hire. (e) Charter shall mean a group of persons, pursuant to a common purpose and under a single contract, and at a fixed charge

"GA1978.1.2240">

for the vehicle in accordance with a bus transportation company's tariff, who have acquired the exclusive use of a bus to travel together as a group to a specified destination. Section 3. (a) The offense of bus hijacking is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any bus within the jurisdiction of the State of Georgia. Any person committing the offense of bus hijacking shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for life or imprisonment for not less than one nor more than twenty (20) years. (b) Any person who boards or attempts to board a bus with a dangerous or deadly weapon concealed on or about his person or his property which is, or would be, accessible to such person while on the bus, or any person who has on or about his person, or who has placed, attempted to place, or attempted to have placed aboard such bus any bomb, or similar explosive or incendiary device, shall be guilty of a felony, and, upon conviction, shall be sentenced to imprisonment for not less than one (1) nor more than ten (10) years. The prohibition of this subsection shall not apply to any person who is exempted under Title 26, Section 2907, or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons who are in the possession of weapons with the consent of the owner of such bus, or his agent, or the lessee or bailee of such bus; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers on the bus if the presence of such weapons has been declared to the bus company. (c) The company may employ reasonable means, including mechanical, electronic or x-ray devices to detect concealed weapons, or explosives or hazardous material in baggage or upon the person of the passenger. Upon the discovery of any such item or material in the possession of a person not specifically exempted under the provisions of subsection 3(b), the company shall obtain possession and retain custody of such item or materials until it is transferred to the custody of law enforcement officers. Section 4. (a) It shall be unlawful to remove any baggage, cargo or other item transported upon a bus or stored in a terminal without consent of the owner of such property or the company, or

"GA1978.1.2241">

its duly authorized representative. Any person violating this Section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five (5) years. (b) The actual value of an item removed in violation of this Section shall not be material to the crime herein defined. Section 5. The provision of this Act shall be cumulative and supplemental to the provisions of any other law of this State. A conviction or acquittal under any of the criminal Sections of this Act shall not be a bar to any other civil or criminal proceeding. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978. MOTOR VEHICLES - MOPEDS. Code Title 68 Amended. No. 1476 (House Bill No. 1858). AN ACT To amend Code Title 68, relating to motor vehicles, as amended, so as to define the term moped; to exempt mopeds from the provisions relating to the registration and licensure of motor vehicles; to exempt mopeds from the provisions relating to registration and license of makers and dealers; to amend Code Title 68A, known as The Uniform Rules of the Road, as amended, so as to change the definition of certain terms; to define the term moped; to provide for the operation and riding of mopeds; to prohibit certain activities with respect to mopeds; to provide for certain exemptions; to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec.

"GA1978.1.2242">

Sess., p. 556), as amended, so as to exempt mopeds from the motor vehicle inspection requirements of such Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 68, relating to motor vehicles, as amended, is hereby amended by adding at the end of Code Section 68-101, relating to definitions, the following: `Moped'A motor-driven cycle equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. Section 2 . Said Code Title 68 is further amended by adding at the end of Code Section 68-201, relating to registration and licensure of motor vehicles and chauffeurs, the following new paragraph: The provisions of this Code Section shall not apply to `mopeds' as such term is defined in Code Section 68-101, as now or hereafter amended. Section 2A . Code Title 68 is further amended by adding at the end of Code Section 68-213, relating to registration and license of makers and dealers, a new sentence to read as follows: Provided, however, that the provisions of this Section shall not apply in any manner to mopeds as such term is defined in Code Section 68-101, as now or hereafter amended. Section 3 . Code Title 68A, known as The Uniform Rules of the Road, as amended, is hereby amended by striking in their entirety subsections (25) and (26) of Code Section 68A-101, relating to general definitions, and inserting in lieu thereof two new subsections (25) and (26), to read as follows:

"GA1978.1.2243">

(25) Motorcycle.Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and moped. (26) Motor-driven cycle.Every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, every bicycle with a motor attached and every moped. Section 4 . Said Code Title 68A is further amended by adding at the end of Code Section 68A-101, relating to general definitions, a new subsection to read as follows: (64) Moped.A motor-driven cycle equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. Section 5 . Said Code Title 68A is further amended by adding at the end of Code Chapter 68A-11, relating to miscellaneous rules, a new Code Section to be designated Code Section 68A-1112, to read as follows: 68A-1112. Operating and riding mopeds. (a) Every person operating a moped shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this Title, except as to special regulations in this Section and except as to those provisions of this Title which by their nature can have no application. Provided further, that the operator of a moped shall not be required to comply with Code Section 68A-1303(e), relative to head lamps and tail lamps, or Code Section 68A-1306(b), relative to windshields and eye protective devices.

"GA1978.1.2244">

(b) No person under 15 years of age shall operate a moped upon the public roads and highways of this State unless he shall have in his possession a valid driver's license, instructional permit or limited permit issued to him pursuant to the Driver's Licensing Act, Georgia Code Title 68B. Provided, however, that all classes of licenses, instructional permits or limited permits issued pursuant to the Driver's Licensing Act, Georgia Code Title 68B, shall be valid for the purposes of operating mopeds upon the public roads and highways of this State. (c) No person shall operate or ride as a passenger upon a moped unless he is wearing protective headgear which complies with standards established by the Commissioner of the Department of Public Safety. The Commissioner in determining such standards shall consider the size, speed and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. (d) The Commissioner of the Department of Public Safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Commissioner shall publish lists of all protective headgear by name and type which have been approved by him. The Commissioner is authorized to promulgate rules and regulations to carry this Section into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds. (e) The Commissioner of the Department of Transportation or Local Governing Authorities having jurisdiction over public roads and highways may prohibit the operation of mopeds on public roads and highways within their jurisdiction if it is determined that said operation endangers the safety of the traveling public. Section 6. An Act known as the Uniform Act Regulating Traffic on Highways; approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding at the end of Section 126H the following new paragraph:

"GA1978.1.2245">

The provisions of this Act relating to the inspection of motor vehicles and certificates of inspection shall not be applicable to `mopeds' as such term is defined in Code Section 68-101, as now or hereafter amended. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978. GEORGIA WATER QUALITY CONTROL ACT AMENDEDAPPROVAL OF PROJECTS, ETC. No. 1477 (House Bill No. 1967). 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 authorize the approval of county or private projects for which loans or grants under any Federal Act are made; to provide updated citations to the federal law relating to the construction grants program; to authorize the State Environmental Protection Division to manage the federal construction grants program upon proper delegation; to authorize the State Environmental Protection Division to develop and operate a continuing areawide waste treatment management planning process in accordance with federal law; to authorize the Director of the State Environmental Protection Division to issue permits for the discharge of dredged or fill material into the waters and wetlands of the State in accordance with federal law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1978.1.2246">

Section 1. An Act known as the Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), as amended, is hereby amended by striking subsection (3) of section 23 in its entirety, and by substituting in lieu thereof a new subsection (3) of section 23, to read as follows: (3) Approve projects for which loans or grants under any Federal Act are made to any municipality, county or agency of state government or any private person or entity. Section 2. Said Act is further amended by striking the first paragraph of section 25 in its entirety, and by substituting in lieu thereof a new first paragraph of section 25, to read as follows: Grants for counties and municipalities.The State Environmental Protection Division is hereby authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or any public authority, agency, commission, or institution, to assist them in the construction of those portions of water pollution control projects which qualify for Federal aid and assistance under the provisions of Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500), 33 U.S.C. Sec. 1281 et seq ., as amended by the Clean Water Act of 1977 (P.L. 95-217), or as may hereafter be amended. Section 3. Said Act is further amended by striking the last sentence of section 26, and by substituting in lieu thereof a new sentence, to read as follows: State funds may be provided for such projects or portions of projects wherever the need may exist in conjunction with or in addition to Federal grants as might be received under Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500), 33 U.S.C. Sec. 1281 et seq ., as amended by the Clean Water Act of 1977 (P.L.95-217), or as may hereafter be amended. Section 4. Said Act is further amended by striking section 28 in its entirety, and by substituting in lieu thereof a new section 28, to read as follows: Section 28. Program to be consistent with Federal Act.The determination of the relative need, the priority of projects, and the

"GA1978.1.2247">

standards of construction shall be consistent with the provisions of Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500), 33 U.S.C. Sec. 1281 et seq ., as amended by the Clean Water Act of 1977 (P.L. 95-217), or as may hereafter be amended. Section 5. Said Act is further amended by adding a new section 28B to follow section 28A, and to read as follows: Section 28B. Management of Federal Construction Grant Program.The State Environmental Protection Division is hereby authorized to manage the construction grants program as set forth in Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500), 33 U.S.C. Sec. 1281 et seq ., as amended by the Clean Water Act of 1977 (P.L. 95-217), or as may hereafter be amended, upon receiving delegation of such program from the Administrator of the Federal Environmental Protection Agency. The Environmental Protection Division shall manage such program in accordance with the requirements and conditions set forth in said Title II of the Federal Water Pollution Control Act Amendments of 1972, as amended. Section 6. Said Act is further amended by adding a new section 28C to follow section 28B, and to read as follows: Section 28C. Areawide Waste Treatment Management.The State Environmental Protection Division is hereby authorized to develop and operate a continuing areawide waste treatment management planning process pursuant to its powers contained herein for all portions of the State for which the State is required to act as the planning agency in accordance with section 208 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Sec. 1288, as amended by the Clean Water Act of 1977 (P.L. 95-217). With regard to any program submitted by the Governor pursuant to subsection 208(b)(4)(A) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Sec. 1288, as amended by the Clean Water Act of 1977 (P.L. 95-217), the Director of the State Environmental Protection Division is empowered with the authority to take such action to comply with the requirements of subsection 208(b)(4)(B)(i) through (v) of said Act.

"GA1978.1.2248">

Section 7. Said Act is further amended by adding a new subsection to section 10, to be designated as subsection (7), and to read as follows: (7) Notwithstanding any other provision in this section, the Director of the State Environmental Protection Division may issue permits after notice and opportunity for public hearings for the discharge of dredged or fill material into the waters and wetlands of the State in accordance with the standards and criteria set forth in section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Sec. 1413, as amended by the Clean Water Act of 1977 (P.L. 95-217) upon receiving delegation of such authority, except that this subsection shall not authorize the Director to issue permits with respect to projects under review by the United States Army Corps of Engineers as to which a public hearing has been held on the effective date of this subsection. In administering such a program, the Director is empowered with the authority to take such action as is set forth in section 404(h)(1)(A) through (H) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Sec. 1413, as amended by the Clean Water Act of 1977 (P.L. 95-217). No person covered by this subsection shall discharge dredged or fill material into the waters and wetlands of this State except in a manner which complies with this Act and section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Sec. 1413, as amended by the Clean Water Act of 1977 (P.L. 95-217). 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 April 10, 1978.

"GA1978.1.2249">

GASOLINE MARKETING PRACTICES ACT AMENDED. No. 1478 (Senate Bill No. 378). AN ACT To amend the Gasoline Marketing Practices Act, approved April 13, 1973 (Ga. Laws 1973, p. 438), so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief; to change certain defenses; to change certain provisions relating to applicability; to change certain designations; 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 Gasoline Marketing Practices Act, approved April 13, 1973 (Ga. Laws 1973, p. 438), is hereby amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) of Section 3 to read as follows: (a) `automotive gasoline distributor' means any person, firm or corporation who is engaged in the sale, consignment or distribution of gasoline to automotive gasoline dealers pursuant to marketing agreements. Section 2. Said Act is further amended by striking subsection (c) of Section 3 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) `marketing agreement' `or agreement' means a written agreement, including a franchise, and all related written agreements, between an automotive gasoline distributor and an automotive gasoline dealer under which such dealer is supplied automotive gasoline for retail sale or an agreement between an automotive gasoline distributor and an automotive gasoline dealer under which the automotive gasoline dealer is granted the right to occupy premises owned, leased or controlled by the automotive gasoline distributor, for the purpose of engaging in the retail sale of gasoline of the automotive gasoline distributor.

"GA1978.1.2250">

Section 3. Said Act is further amended by adding immediately following subsection (d) of Section 3 a new subsection to be designated subsection (e) to read as follows: (e) `automotive gasoline' or `gasoline', as used in this Act, means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles. Section 4. Said Act is further amended by striking subsection (c) of Section 4 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) by the use of coercion, intimidation or threats, to force or induce such gasoline dealer to deal exclusively in products manufactured, distributed or sponsored by such gasoline distributor or to participate in promotions. Hours of operation, which are set in any written agreement, in effect prior to July 1, 1978, can only be changed by mutual consent. It shall also be the duty of the distributor to advise the dealer in writing prior to execution of the agreement the projected potential gallonage and the dealer shall acknowledge same in writing prior to execution of the marketing agreement that he is willing to accept same;. Section 5. Said Act is further amended by striking subsection (h) of Section 4 in its entirety and substituting in lieu thereof the following: (h) to provide any term or condition in any marketing agreement, or other agreement, ancillary or collateral thereto, which term or condition directly or indirectly violates this Act; (i) after July 1, 1978, to require operation in excess of a six-day week and/or in excess of a twelve-hour day if the dealer can prove it results in substantially lessening the profits earned in his entire operation to the extent that it is not economically feasible to continue said operation; provided, however, that the provisions of this subsection shall in no way impair the obligation of contracts made prior to July 1, 1978; and provided, further, that the provisions of this subsection shall not impair the writing of a contract for hours in excess of the hours expressed herein or to impair the right to enforce the hours contained in any contract until sufficient evidence is available to a dealer to exercise the rights hereinbefore provided; and provided,

"GA1978.1.2251">

further, that the provisions of this subsection shall not be applicable to dealers or distributors who operate a food or convenience store in conjunction with the retail sale of automotive gasoline and related products; (j) after July 1, 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agreement for three years unless: (1) the dealer fails to comply with conditions of such agreement or fails to act in good faith in carrying out the terms of such agreement, or (2) such automotive gasoline distributor's principal stockholder or principal operator dies during the term of any marketing agreement, in which case such agreement may be refused renewal by the heirs giving notice as provided for in this Act, or (3) the dealer has violated the laws of this State relative to the ownership or operation of retail businesses; (k) after July 1, 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agreement for three years if such automotive gasoline dealer satisfies the court in an action brought by the automotive gasoline dealer under this Section that such refusal to deal is not the product of the good faith business judgment of the automotive gasoline distributor. Section 6. Said Act is further amended by adding at the end of Section 4 a new Section to be designated Section 4A to read as follows: Section 4A. It shall be an unlawful predatory and unfair business practice for an automotive gasoline distributor who controls a product supply, controls the price of that product and has the power to require the purchase of that product by another automotive gasoline distributor or an automotive gasoline dealer doing business in this State to sell said product at prevailing automotive gasoline distributor prices at any time to another automotive gasoline distributor for resale to automotive gasoline dealers with the purpose or intent that said product will be sold at retail by said automotive gasoline distributor and fails to offer its automotive gasoline dealers

"GA1978.1.2252">

an opportunity to purchase an equal volume of product upon the same terms and conditions, excepting expenses for advertising, credit cards and other expenses relative to its automotive gasoline dealers, when said automotive gasoline distributor is selling said product at distress prices to other automotive gasoline dealers in the dealer's marketing area. Section 7. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. Any automotive gasoline dealer may bring an action against its automotive gasoline distributor for violation of this Act in the superior court of the county where such distributor resides or, if the distributor is a corporation, in accordance with the provisions of Code Title 22, the Georgia Corporation Code, as amended, to recover damages sustained by reason of any violation of this Act; provided, that the dealer shall show as a prerequisite to recovery under this Section that he has: (a) complied with the reasonable requirements of the marketing agreement; and (b) has acted in good faith in carrying out the terms of the marketing agreement. The court may grant such equitable relief as is proper, including declaratory judgment and injunctive relief. Attorney's fees shall be controlled by Code Section 20-1404, as now or hereafter amended. Section 8. Said Act is further amended by striking subsection (a) of Section 7 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) It shall be a defense to any action brought under Section 5 that the marketing agreement was terminated or cancelled because the distributor is not receiving rental in accordance with the terms of the agreement or other legitimate business reason, provided, however, assumption by the distributor of the dealer's operation shall not be a legitimate business reason for cancellation. Section 9. Said Act is further amended by striking the word any in subsection (b) of Section 7 and substituting in lieu thereof

"GA1978.1.2253">

the word the, so that when so amended subsection (b) shall read as follows: (b) No gasoline distributor may raise the defense set forth in subsection (a) of this Section to an action brought under Section 5 unless he shall have given to the gasoline dealer who brings such action the written notice required by Section 4(b) of this Act;. Section 10. Said Act is further amended by striking subsection (c) of Section 7 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) This defense is in addition to other defenses specified in this Act and defenses available under contract or provided by law. Section 11. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. This Act shall apply to all marketing agreements as defined in Section 3(c) of this Act. Section 12. Said Act is further amended by striking from Section 11 the following: (i), so that when so amended, Section 11 shall read as follows: Section 11. Distributors' Cause of Action. Any gasoline distributor may bring action against the dealer for failing to fulfill the marketing agreement and said dealer shall be liable for rental return as outlined in Section 7(a). Attorneys' fees shall be controlled by Georgia Code Section 20-1404, as now or hereafter amended. Section 13. The provisions of this Act are severable and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of this Act. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1978.1.2254">

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. USE OF RADAR SPEED DETECTION DEVICES REGULATED. No. 1479 (Senate Bill 413). AN ACT To amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968 (Ga. Laws 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 435), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 800), so as to change the circumstances under which a case may be made based upon use of a speed detection device; to place certain additional license requirements upon the use of such devices by law enforcement agencies; to require notice by law enforcement agencies of the right to have such a device tested; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968 (Ga. Laws 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 435), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 800), 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 law enforcement officers of the various counties and municipalities may use speed detection devices only if

"GA1978.1.2255">

the governing authority thereof shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with the provisions of this Act, provided that no county or city officer shall be allowed to make a case based on the use of any speed detection device except in properly marked school zones and properly marked residence districts, for purposes of this Act thoroughfares with speed limits of 35 MPH or greater will not be considered residence districts, unless the speed of the vehicle exceeds the posted limit in excess of ten miles per hour, and no conviction shall be had thereon unless said speed is in excess of ten miles per hour of the posted limit. Provided further that no county or city shall be authorized to use such devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. The provisions of this Act shall not apply to any official receiving a recording fee. (b) No law enforcement agency may use speed detection devices as provided in subsection (a) unless the agency possesses a license in compliance with applicable parts of 47 CFR, Part 89 of the Federal Communications Commission rules and unless each device, before being placed in service and annually after being placed in service, is certified for compliance by a technician possessing at least a Second Class Radiotelephone License from the Federal Communications Commission. (c) Each law enforcement officer using a radar device shall: (1) Test the device for accuracy, and record and maintain the results of the test, at the beginning and ending of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in subsection (b). (2) Notify each person against whom the officer intends to make a case based on the use of the device that the person has a right to request the officer to test the device for accuracy. The notice shall be given prior to the time a summons or ticket is issued against the person and, if requested to make a test, the officer

"GA1978.1.2256">

shall test the device for accuracy. In the event the device does not meet the minimum accuracy requirements, the summons or ticket shall not be issued against the person and the device shall be removed from service and thereafter shall not be used by the law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in subsection (b). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. USE OF RADAR SPEED DETECTION DEVICES REGULATED. No. 1480 (Senate Bill 414). AN ACT To amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968 (Ga. Laws 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 435) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 800), so as to change certain provisions relating to inadmissibility into evidence of evidence obtained by law enforcement officers using speed detection devices; 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. Laws 1968, p. 425), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 435) and an Act approved March 23,

"GA1978.1.2257">

1977 (Ga. Laws 1977, p. 800), is hereby amended by striking from Section 6 thereof the following: one-half mile, so that when so amended Section 6 shall read as follows: Section 6. Evidence obtained by law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 ft. of a reduction of a speed limit outside an incorporated municipality shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance or State law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within thirty (30) days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed on any portion of any highway which has a grade in excess of seven (7) percent. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. CRIMESSHOPLIFTING. Code Section 26-1802 Amended, Code Section 26-1802.1 Enacted. No. 1481 (Senate Bill No. 433). AN ACT To amend Code Chapter 26-18, relating to crimes of theft, as amended, so as to change the definition of the crime of theft by taking; to define the crime of theft by shoplifting; to provide penalties; to define a certain term; to provide that certain evidence shall

"GA1978.1.2258">

be prima facie evidence of value and ownership of property; to provide for clarification of sentences; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 26-18, relating to crimes of theft, as amended, is hereby amended by striking Code Section 26-1802 in its entirety and inserting in lieu thereof a new Code Section 26-1802 to read as follows: 26-1802. Theft by taking. A person commits theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of said property, regardless of the manner in which said property is taken or appropriated. Section 2 . Said Code Chapter is further amended by adding between Code Section 26-1802 and Code Section 26-1803 a new Code Section to be designated Code Section 26-1802.1 to read as follows: 26-1802.1. Theft by shoplifting.(a) A person commits the crime of theft by shoplifting when he, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following: (1) conceals or takes possession of the goods or merchandise of any store or retail establishment; or (2) alters the price tag or other price marking on goods or merchandise of any store or retail establishment; or (3) transfers the goods or merchandise of any store or retail establishment from one container to another;

"GA1978.1.2259">

(4) interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise. (b) (1) A person convicted of the crime of theft by shoplifting, as provided in subsection (a) above, when the property which was the subject of the theft is $100.00 or less in value, shall be punished as for a misdemeanor; provided, however, that (A) upon conviction of a second such offense, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and such fine shall not be suspended or probated; (B) upon conviction of a third such offense, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days and such sentence of imprisonment shall not be suspended, probated, deferred or withheld; (C) upon conviction of a fourth or subsequent such offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years and the first year of such sentence shall not be suspended, probated, deferred or withheld. (2) A person convicted of the crime of theft by shoplifting, as provided in subsection (a) above, when the property which was the subject of the theft exceeds $100.00 in value, shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. (c) In all cases involving theft by shoplifting, the term `value' means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima facie evidence of value and ownership of such property.

"GA1978.1.2260">

(d) The provisions of this Code Section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 27-2506, relative to punishment for misdemeanors, as amended. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. CRIMINAL PROCEDUREDISPOSITION OF ARTICLES OBTAINED IN SEARCHES AND SEIZURES. No. 1482 (Senate Bill No. 443). AN ACT To amend an Act providing procedures for searches and seizures and for suppression of evidence illegally seized, approved March 16, 1966 (Ga. Laws 1966, p. 567), so as to provide for the return of certain stolen, embezzled or other unlawfully obtained property to the rightful owners; to provide for hearings; to provide that certain statements made in hearings shall not be admissible at trial; to provide that photographs or other identification of said property shall be deemed competent evidence and admissible at trial; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing procedures for searches and seizures and for suppression of evidence illegally seized, approved March 16, 1966 (Ga. Laws 1966, p. 567), is hereby amended by adding between Section 10 and Section 11, a new Section to be designated Section 10A, to read as follows:

"GA1978.1.2261">

Section 10A. (a) Disposition of articles; evidence; admissibility. Upon application by the State or civil claimants, the court may, upon written notice to a defendant and a hearing when so requested by the defendant, order returned to the rightful owners any stolen, embezzled or other unlawfully obtained property, not constituting contraband. The notice to the defendant shall clearly specify that the defendant has the right to request a hearing as provided above. Photographs or other identification or analysis of the property involved, duly identified in writing by the law enforcement officer originally taking custody of the property as accurately representing such property, shall be admissible at trial in lieu of the original property. In the case of unknown, unapprehended or defendants wilfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of such unknown or absent defendants. (b) Statements made by the defendant or a person representing the defendant shall not be admissible for use against the defendant at trial. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978.

"GA1978.1.2262">

DEPARTMENT OF HUMAN RESOURCESPREVENTION OF MENTAL RETARDATION, ETC. Code Chapter 88-12 Amended. No. 1483 (Senate Bill No. 486). AN ACT To amend Code Chapter 88-12, relating to control of preventable diseases, as amended, so as to provide for the responsibilities of the Department of Human Resources relating to the prevention of mental retardation resulting from inherited metabolic disorders; to provide for the development of a Statewide network of medical genetics; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 88-12, relating to control of preventable diseases, as amended, is hereby amended by adding a new Code Section at the end thereof, to be known as Code Section 88-1202, relating to the responsibilities of the Department of Human Resources to prevent mental retardation resulting from inherited metabolic disorders, to read as follows: 88-1202. Responsibilities of the Department of Human Resources to prevent mental retardation resulting from inherited metabolic disorders. (a) The Department of Human Resources shall promulgate rules and regulations creating a system for the prevention of mental retardation caused by phenylketonuria, galactosemia, tyrosinemia, homocystinuria, maple syrup urine disease, hypothyroidism, and such other inherited metabolic disorders as may be determined in the future to cause mental retardation if undiagnosed and untreated. The system shall have five components: screening newborns for the disorders; retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (b) The entire process for screening, retrieval and diagnosis must occur within the first three weeks of an infant's life, and the system shall be structured to meet this critical need.

"GA1978.1.2263">

(c) The Department of Human Resources shall be responsible for the screening of all newborns for the disorder. The Department of Human Resources shall be responsible for assessment of the program. (d) The Department of Human Resources shall, to the extent State or Federal funds are available for such purposes, including but not limited to Title V Maternal and Child Health funds, provide for retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (e) Because the rudiments of such a system already exist, the Department of Human Resources shall utilize appropriate existing resources whenever possible, and shall cause the coordination and cooperation of agencies and organizations having resources necessary to the creation of an effective system. Section 2 . Said Code Chapter is further amended by adding at the end thereof a new Code Section, to be known as Code Section 88-1203, relating to the development of a Statewide network for medical genetics, to read as follows: 88-1203. Development of a Statewide network for medical genetics. (a) The Department of Human Resources and appropriate medical centers shall cooperate in the development of a Statewide network for medical genetics. (b) This network shall be available statewide and will be responsible for training of personnel in genetics, research and development in inborn errors of metabolism, and quality control of laboratory services for genetics. This system shall also provide counseling for genetically caused disorders. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978.

"GA1978.1.2264">

HUNTING LICENSESEDUCATION, ETC. Code Section 45-302.1 Enacted. No. 1484 (Senate Bill No. 508). AN ACT To amend Code Chapter 45-3, relating to licenses and permits for hunting, trapping and fishing, so as to require persons born after a certain date to complete a hunter education course prescribed by the Board of Natural Resources in order to obtain a hunting license; to provide that certain persons must complete a hunter education course in order to hunt; to provide for revocation of illegally obtained licenses, certificates, and other documents; to provide for procedures, requirements and other matters relative thereto; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 45-3, relating to licenses and permits for hunting, trapping and fishing, is hereby amended by adding between Code Sections 45-302 and 45-303 a new Code Section to be designated Code Section 45-302.1 and to read as follows: Section 45-302.1. (a) It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this State, unless that person has been issued and exhibits to the issuing agent at the time of purchasing a hunting license a certificate, or other evidence the Department deems acceptable, of satisfactory completion of a hunter education course as prescribed by the Board. (b) It shall be unlawful for any person authorized to issue hunting licenses in this State to issue a hunting license to any person born on or after January 1, 1961, unless that license agent shall have been provided with a certificate showing the license applicant has satisfactorily completed a hunter education course as prescribed by the Board.

"GA1978.1.2265">

(c) It shall be unlawful for any person born on or after January 1, 1961, not required by law to obtain a hunting license, to hunt in this State, unless that person carries on his person while hunting a certificate attesting to that person's satisfactory completion of a hunter education course as prescribed by the Board. (d) Any person under the age of 16 shall have on his person while hunting a certificate of satisfactory completion of a hunter education course as prescribed by the Board. Any person under the age of 16 who does not have such certificate while hunting shall be required to enroll in a hunter education course as prescribed by the Board within 120 days and thereafter satisfactorily complete that course before being allowed to hunt. (e) (1) Those persons applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of his state of residence, if that course shall have been approved by the Georgia Board of Natural Resources. (2) Those persons applying for a 10 day nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain a 10 day nonresident hunting license. (f) By rule or regulation of the Board, the Board shall prescribe a course of instruction in competency and safety in hunting and in the handling of weapons. The Board shall also prescribe procedures whereby competent residents of this State shall be certified as hunter education instructors. The Board may provide, by rule or regulation, for charging reasonable fees for hunter education courses in order to defray the expenses of conducting such courses. (g) The Board is hereby authorized to provide by rule or regulation the procedure whereby the Department may, pursuant to Code Section 45-323, revoke or cancel any license, certificate, stamp, card or permit upon determination that the holder thereof was not entitled to issuance or obtained the license, certificate, stamp, card or permit by any fraudulent means. Upon revocation or cancellation the holder thereof shall surrender the license, certificate, stamp, card or permit to the Department.

"GA1978.1.2266">

(h) Any person violating any provision of this Section except subsection (d), shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor. (i) The requirements of subsection (c) and (d) of Section 1 shall not apply to any person under the age of 12 years, nor shall it apply to any person hunting on his own land or that of his parents or legal guardian. Section 2. This Act shall become effective on March 1, 1979, provided funds are appropriated or otherwise made available to the Department to carry out the provisions of this Act. Section 3. Confiscation of Equipment. (a) If a person takes big game while violating Code Section 45-509 prohibiting taking game on a public road or discharging a weapon across a public road by the discharge of a rifle or shotgun, and if such person was within an automobile or other motor vehicle at the time he discharged the rifle or shotgun while violating said Code Section 45-509 as aforesaid, then the automobile or other motor vehicle as well as the rifle or shotgun used in the commission of such act is hereby declared to be contraband and forfeited to the State in the same manner and subject to the same procedures and requirements as provided by subsections (b) through (h) of Code Section 45-502, relative to the confiscation and condemnation of vehicles, boats, animals or firearms used in the hunting of deer at night. (b) This Section shall not apply to any of the following persons while engaged in pursuit of official duty or when authorized by Federal or State law, regulation or order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States; (4) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the loaded rifle or shotgun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; and (5) district attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys.

"GA1978.1.2267">

A prosecution based upon a violation of this Section need not negative any exemptions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. TORTSPRIVITY TO SUPPORT ACTION, ETC. Code Section 105-106 Amended. No. 1485 (Senate Bill No. 512). AN ACT To amend Code Section 105-106, relating to privity to support actions, so as to require that certain actions against manufacturers be instituted within a certain period after sale of the manufacturer's product; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 105-106, relating to privity to support actions, is hereby amended by striking in its entirety Code Section 105-106, relating to privity to support actions, and substituting in lieu thereof a new Code Section 105-106 to read as follows: 105-106. Privity to support action. (a) Except as otherwise provided in this Section, no privity is necessary to support an action for tort; but if the tort results from the violation of a duty, itself the consequences of a contract, the right of action is confined to the parties and privies to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 109A-2-318.

"GA1978.1.2268">

(b) (1) The manufacturer of any personal property sold as new property, either directly or through a dealer or any other person, shall be liable in tort, irrespective of privity, to any natural person who may use, consume or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended and its condition when sold is the proximate cause of the injury sustained. (2) No action shall be commenced pursuant to this subsection with respect to an injury after 10 years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury. (3) A manufacturer may not exclude or limit the operation of this subsection. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. STATE PERSONNEL BOARDHEALTH INSURANCE FOR PUBLIC SCHOOL EMPLOYEES. No. 1488 (House Bill No. 1233). AN ACT To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended by an Act approved March 24, 1977 (Ga. Laws 1977, p. 991), so as to change certain definitions to include librarians and other employees of regional and county libraries for eligibility under said health insurance

"GA1978.1.2269">

plan; 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 authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended by an Act approved March 24, 1977 (Ga. Laws 1977, p. 991), is hereby amended by inserting, immediately preceding the last sentence of subsection (a) of Section 1, the following: The terms `public school teacher', `teacher' and `employee' shall also include librarians and other personnel employed by regional and county libraries., so that when so amended said subsection (a) shall read as follows: (a) The terms `public school teacher', `teacher' and `employee' mean any person employed not less than half 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 also include librarians and other personnel employed by regional and county libraries. The terms `public school teacher', `teacher' and `employee' shall not be deemed to include any emergency or temporary employee. Section 2 . Said Act is further amended by inserting, immediately preceding the period appearing at the end of subsection (b) of Section 1, the following: , and regional and county libraries, so that when so amended said subsection (b) shall read as follows: (b) The term `local employer' means the local county or independent board of education, and regional and county libraries. Section 3 . This Act shall not become effective until funds are appropriated or otherwise made available to carry out its provisions.

"GA1978.1.2270">

Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. GEORGIA ARBITRATION CODE FOR CONSTRUCTION CONTRACTSARBITRATION OF MEDICAL MALPRACTICE CLAIMS. Code Chapters 7-3, 7-4 Enacted. No. 1489 (House Bill No. 1427). AN ACT To amend Title 7 of the Code of Georgia of 1933, as amended, so as to add a new Chapter 3; to provide for a short title; to provide for applicability of Chapter; to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers; to provide for limitation of time as a bar to arbitration; to provide for applications to the court to compel arbitration and to provide for demands for arbitration; to provide for appointment of arbitrators; to provide for an arbitration hearing and procedures relative thereto; to provide for subpoenas, notices to produce, depositions, and discovery; to provide for an award; to provide for changes of the award by the arbitrators on certain grounds; to provide for confirmation of the award by the court on certain grounds; to provide for the entry of judgment on the award; to provide for appeals; to provide for fees and expenses; to repeal a specific Code Title; to provide for application of this Act; to add a new Code Chapter relating to arbitration of medical malpractice claims; to provide for definitions; to authorize the arbitration of certain claims; to provide for petitions and court orders relative to such arbitration; to provide for tolling the statute of limitations; to provide when suit may be brought; to provide for the appointment

"GA1978.1.2271">

and qualifications of the referee; to provide for the appointment, duties and compensation of reporters; to provide for an arbitration submission; to provide for the selection of arbitrators; to provide for vacancies; to provide for postponements and adjournments of arbitration; to provide for discovery; to provide for the powers of the referee in regard to witnesses and the production of books and papers; to provide for fees, compensation, competency and examination of witnesses; to provide for the admission of evidence; to provide for oaths and affidavits of arbitrators and witnesses; to provide for findings by the arbitrators and their recording and effect; to provide for appeals; to provide for costs; to provide for compensation of the arbitrators and the referee; to provide for civil and criminal immunity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Code of Georgia of 1933, as amended, is hereby amended by adding a new Chapter 3 to Title 7, to read as follows: Georgia Arbitration Code for Construction Contracts 7-301. Short Title. This Chapter shall be known and may be cited as the `Georgia Arbitration Code for Construction Contracts'. 7-302. Applicability. (a) This Chapter applies only to agreements made subsequent to the date this Act takes effect. (b) This Chapter shall apply only to construction contracts and contracts of warranty on construction and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced. 7-303. Effect of Arbitration Agreement. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable and confers jurisdiction on the courts of the State to enforce it and enter judgment on an award.

"GA1978.1.2272">

7-304. Validity of Agreement. In order for an agreement to arbitrate to be valid, it must provide for one of the following means of selecting arbitrators (1) mutual agreement of the parties; (2) appointment of one arbitrator by each party to the arbitration, with the third neutral arbitrator to be agreed upon by the two arbitrators selected by the parties; or (3) a selection process utilizing an independent administrator, the administrator making the appointment of arbitrators from panels of proposed arbitrators which the parties have previously had the opportunity to review and strike therefrom persons to which they have objection. In lieu of setting forth the third alternative in an arbitration agreement, the requirements of this Section shall be satisfied if the arbitration agreement incorporates the rules or procedures of such an independent administrator so long as the rules and procedures of that independent administrator are in accordance with the provisions hereof. 7-305. Application to the Court; Venue; Service of Papers. (a) Application to the Court. (1) Any application to the court under this Chapter shall be made to the Superior Court of the county where venue lies, unless the application is made in a pending court action in which case it shall be made to the court hearing that action. Subsequent applications shall be made to the court hearing the initial application, unless the court otherwise directs. (2) All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing or motions, provided that the motion shall be filed in the same manner as a complaint in a civil action. (b) Venue. Venue for applications to the court shall lie: (1) in the county where the agreement provides for the arbitration hearing to be held; or (2) if the hearing has already been held, in the county where it was held; or (3) in the county where any party resides or does business.

"GA1978.1.2273">

(c) Service of Papers. (1) A demand for arbitration shall be served on the other parties by registered or certified mail, return receipt requested. (2) The initial application to the court shall be served on the other parties in the same manner as a complaint under the Georgia Civil Practice Act. (3) All other papers required to be served by this Chapter shall be served in the same manner as pleadings subsequent to the original complaint and other papers under the Georgia Civil Practice Act. (d) Scope of Court's Consideration. In determining any matter arising under this Chapter, the court shall not consider whether the claim with respect to which arbitration is sought is tenable or otherwise pass upon the merits of the dispute. 7-306. Limitation of Time a Bar to Arbitration. (a) If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this Chapter. (b) Failure to make this application to the court shall not preclude a party from asserting limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this Chapter for vacating or modifying an award. 7-307. Application to Compel or Stay Arbitration. (a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court determines there is no substantial issue concerning the validity of the agreement to submit to arbitration or compliance therewith and the claim sought to be arbitrated is not barred by limitation of time, the

"GA1978.1.2274">

court shall order the parties to arbitrate. If a substantial issue is raised or the claim is barred by limitation of time, the court shall summarily hear and determine that issue and, accordingly, grant or deny the application for an order to arbitrate. (b) A party may serve upon another party a demand for arbitration. This demand shall specify: (1) the agreement pursuant to which arbitration is sought; (2) the name and address of the party serving the demand; (3) that the party served with the demand shall be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court unless he makes application to the court within thirty days for an order to stay arbitration; and (4) the nature of the dispute or controversy sought to be arbitrated. Provided, however, that the demand for arbitration may be amended by either party to include disputes arising under the same agreement after the original demand is served. (c) After service of the demand, or any amendment thereof, the party served must make application within thirty days to the court for a stay of arbitration or thereafter be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court. Notice of this application shall be served on the other parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Section. (d) Subject to the provisions of subsection (b) and (c), a party who has not participated in the arbitration and who has not made an application to compel arbitration may apply to stay arbitration on the grounds that: (1) no valid agreement to submit to arbitration was made; or

"GA1978.1.2275">

(2) the agreement to arbitrate was not complied with; or (3) the arbitration is barred by limitation of time. 7-308. Appointment of Arbitrators. (a) If the arbitration agreement provides for a method of appointment of arbitrators, that method shall be followed. If there be only one arbitrator, the term `arbitrators' shall apply to him. (b) The court shall appoint one or more arbitrators on application of a party if: (1) the agreement does not provide for a method; or (2) the agreed method fails; or (3) the agreed method is not followed for any reason; or (4) the arbitrators fail to act and no successors have been appointed. An arbitrator so appointed shall have all the powers of one specifically named in the agreement. In appointing arbitrators under the provisions of this Chapter, the court shall seek to appoint persons having general knowledge and experience as to the type of dispute or controversy to be arbitrated. 7-309. Arbitration Hearings. (a) Before hearing any testimony, the arbitrators shall be sworn by an officer authorized to administer oaths to hear and decide the controversy faithfully and fairly. (b) Notwithstanding the fact that the arbitration agreement provides the county in which the arbitration hearing is to be held, the arbitrators, in their discretion, shall appoint a time and place for the hearing and shall notify the parties in writing, personally or by registered or certified mail not less than ten (10) days before the hearing. Upon application of any party, if the court finds that the place for the hearing appointed by the arbitrators is unduly burdensome

"GA1978.1.2276">

on any party, the court may stay the proceedings pending appointment of an alternative place for the hearing by the arbitrators. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy. (c) The parties are entitled to be heard, to present pleadings, documents, testimony and other matters, and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony and other matters produced notwithstanding the failure of a party duly notified to appear. (d) A party has the right to be represented by an attorney at any proceeding or hearing under this Chapter. A waiver of this right prior to the proceeding or hearing is ineffective. (e) The hearing shall be conducted by all the arbitrators, unless the parties otherwise agree; but a majority may render and change an award, as provided in this Chapter. (f) The arbitrators shall maintain a record of all pleadings, documents, testimony and other matters introduced at the hearings. Any party to the proceeding may have the proceedings transcribed by a court reporter. (g) Except as provided in subsection (d), a requirement of this Section may be waived by written consent of the parties or by continuing with the arbitration without objection. 7-310. Subpoenas: Discovery. (a) (1) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence. (2) These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action, provided that the court shall not enforce subpoenas in the event that it determines that the effect of said subpoenas would be unduly burdensome or oppressive to any party or person.

"GA1978.1.2277">

(b) Notices to produce books, writings, and other documents or tangible things, depositions, and other discovery may be used in the arbitration according to procedures established by the arbitrator. (c) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts. 7-311. Award. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement. (b) Unless otherwise provided by the agreement, the award shall be made within 30 days following the close of the hearing or within such time as the court orders. The parties may extend the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. 7-312. Change of Award by Arbitrators. (a) Pursuant to the procedure described in subsection (b), the arbitrators may change the award upon the following grounds: (1) there was a miscalculation of figures or a mistake in the description of any person, thing or property referred to in the award; or (2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) the award is imperfect in a matter of form, not affecting the merits of the controversy. (b) (1) An application to the arbitrators for a change in the award shall be made by a party within twenty days after delivery of the award to the applicant. Written notice of this application shall be served upon the other parties.

"GA1978.1.2278">

(2) Objection to change of award by the arbitrators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties. (3) The arbitrators shall dispose of any application made under this Section in a written, signed order within thirty days after service upon them of objection to change or upon the expiration of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration. (4) An award changed under this Section shall be subject to the provisions of this Chapter concerning the confirmation, vacation, and modifications of awards by the court. 7-313. Confirmation of Award by Court. The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as provided in this Chapter. 7-314. Vacation of an Award by the Court. (a) An application to vacate an award shall be made to the court within thirty days after delivery of a copy of the award to the applicant. (b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by: (1) corruption, fraud, or misconduct in procuring the award; or (2) partiality of an arbitrator appointed as a neutral; or (3) the arbitrators exceeded their authority or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or

"GA1978.1.2279">

(4) a failure to follow the procedure of this Chapter, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection. (c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration if the court finds that: (1) the rights of the party were prejudiced by one of the grounds specified in subsection (b); or (2) a valid agreement to arbitrate was not made; or (3) the agreement to arbitrate has not been complied with; or (4) The arbitrated claim was barred by limitation of time, as provided by this Chapter. (d) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this Chapter. Time in any provision of an agreement limiting the time for a hearing or award shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this Chapter. 7-315. Modification of an Award by the Court. (a) An application to modify the award shall be made to the court within thirty days after delivery of a copy of the award to the applicant. (b) The court shall modify the award if: (1) there was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award; or

"GA1978.1.2280">

(2) the arbitrators have awarded on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) the award is imperfect in a manner of form, not affecting the merits of the controversy. (c) If the court modifies the award, it shall confirm the award as modified. If the court denies modification, it shall confirm the award made by the arbitrators. 7-316. Judgment on an Award. (a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by the Georgia Civil Practice Act. (b) The judgment roll shall consist of the following: (1) the agreement and each written extension of time within which to make the award; (2) the award; (3) a copy of the order confirming, modifying, or correcting the award; and (4) a copy of the judgment. 7-317. Any judgment, or any order considered a final judgment under this Chapter, may be appealed pursuant to the provisions of the Appellate Practice Act of 1965, Georgia Laws 1965, p. 18, as amended. 7-318. Fees and Expenses. (a) Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be paid as provided in the award.

"GA1978.1.2281">

(b) Upon application, the court may reduce or disallow any fee or expenses it finds excessive or may allocate it as justice requires. Section 2. Code Title 7, relating to arbitration and award, is hereby amended by adding following Code Chapter 7-3, a new Code Chapter to be designated Code Chapter 7-4, to read as follows: CODE CHAPTER 7-4 ARBITRATION OF MEDICAL MALPRACTICE CLAIMS 7-401. Medical Malpractice Claims Defined. For the purposes of this Chapter, the term `medical malpractice claim' shall mean any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service, (2) diagnosis, (3) prescription, (4) treatment, or (5) care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of such lawfully authorized person, or (b) care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility or institution, or by any officer, agent or employee thereof acting within the scope of his or her employment. 7-402. Medical Malpractice Arbitration Authorized. In addition to any other legal procedure for the resolution of medical malpractice claims, the parties to a medical malpractice claim may submit such claim for arbitration in accordance with the provisions of this Chapter. 7-403. Arbitration Order. If the parties to a medical malpractice claim agree in writing to arbitrate such claim pursuant to this Chapter, they shall file a petition in the superior court of the county where any party resides for an order authorizing the arbitration of such claim in accordance with the provisions of this Chapter and for the appointment of a referee for such arbitration. If the judge determines that the claim is a medical malpractice claim subject to the provisions of this Chapter, within thirty days of the filing of the petition for such order he shall issue an order authorizing such arbitration and appointing a referee. Provided, however, that no agreement to arbitrate shall be enforceable unless the agreement was made subsequent to the alleged malpractice and after a dispute or

"GA1978.1.2282">

controversy has occurred and unless the claimant is represented by an attorney-at-law at the time the agreement is entered into. 7-404. Tolling of Statute of Limitations; Circumstances in Which Suit Permitted After Petition for Arbitration Filed. The filing of the petition for an order authorizing arbitration, as provided in Code Section 7-403, shall toll any applicable statute of limitations and such statute of limitations shall remain tolled until the earliest of: (a) Thirty days after the filing of such petition, when the judge has failed within said thirty days to issue an order authorizing arbitration, as provided in Code Section 7-403; (b) Sixty days after the issuance of the judge's order authorizing arbitration, when the parties or their representatives have failed by said time to sign the arbitration submission, as provided in Code Section 7-407; (c) The date the arbitration submission is revoked, as provided in Code Section 7-407; If any of the contingencies listed above occur and if the statute of limitations has not yet run, the medical malpractice claim may be brought in any court of this State having jurisdiction. 7-405. Reporter; Duties; Compensation. The judge of the superior court of the county in which was issued the order authorizing arbitration shall appoint a reporter to attend the proceedings of the medical malpractice arbitration panel and to exactly and truly record the testimony and proceedings in the case being arbitrated, except the arguments of counsel. All provisions relating to court reporter fees, compensation, contingent expenses and travel allowance, as well as those relating to the furnishing of transcripts and the style and form of transcripts, shall be the same for reporters appointed to attend the arbitration panel proceedings as those now or hereafter applicable to reporters of the superior court of the county in which the arbitration was authorized. 7-406. Qualifications of Referee. The referee shall be an attorney who is an active member of the State Bar of Georgia. The referee shall be a nonvoting member of the arbitration panel.

"GA1978.1.2283">

7-407. Arbitration Submission. The referee shall meet with the parties of their representatives, or both, prior to the arbitration. The referee shall assist the parties in preparing an arbitration submission which shall contain the following: (1) a clear and accurate statement of the matters in controversy; (2) an agreement as to the payment of the costs of the arbitration; (3) the procedure to be followed in the arbitration; (4) a list of the witnesses whose testimony the parties desire to present to the arbitrators; (5) the names of the arbitrators chosen by each party; (6) the time and place of meeting of the arbitrators; and (7) any other matters that may be pertinent to the arbitration. Such submission shall be in writing and shall be signed by the parties or their representatives. When signed, the submission shall be irrevocable except by consent of all the parties. 7-408. Arbitrators. (a) Every arbitration pursuant to this Chapter shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties prior to the execution of the submission provided for in Section 7-407 and one of whom shall be chosen by the arbitrators named in such submission. The third arbitrator shall be chosen after the parties sign the submission provided in Section 7-407 and before arbitration begins. (b) If the arbitrators chosen by the parties are unable to agree upon the third arbitrator as provided in subsection (a) of this Section, the judge authorizing the arbitration and appointing the referee or said judge's successor shall appoint the third arbitrator. (c) In cases involving a medical malpractice claim where there are multiple plaintiffs or defendants, there shall be only one arbitrator

"GA1978.1.2284">

chosen by each side. The plaintiff parties shall have the right to choose one arbitrator and the defendant parties shall have the right to choose one arbitrator. 7-409. Vacancies. If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then choose another in his place. If the arbitrator chosen by the other arbitrators shall cease to serve for any reason, the arbitrators chosen by the parties shall choose another in his place. If the arbitrators chosen by the parties are unable to agree upon the third arbitrator, said third arbitrator shall be appointed as provided in Code Section 7-408 (b). An arbitrator chosen pursuant to this Section shall have all the powers of the original arbitrator. 7-410. Arbitrators To Be Sworn. (a) Before the arbitrators begin the arbitration, they shall be sworn by the referee impartially to determine the matters submitted to them according to law and the justice and equity of the case without favor or affection to either party. (b) Each arbitrator selected under the provisions of this Act shall sign the following affidavit before the selection is effective and before acting as an arbitrator: State of Georgia ..... County I,....., first being duly sworn, make this affidavit: I,....., agree to serve as arbitrator in this case of..... vs......, and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the law as given to me by the referee and will accept and adide by all decisions of the referee. I also agree not to discuss this case or any issue with any person expect when all other arbitrators and the referee are present. ....., L.S.

"GA1978.1.2285">

7-411. Postponement Of Arbitration. When, upon the meeting of the arbitrators, if either party shall not be ready for trial, the referee may postpone the hearing of the case to a future day, which day shall be as early as may be consistent with the ends of justice, considering all the circumstances of the case. If one party shall not be ready for trial at the time appointed for the hearing of the case and said party has previously required two or more postponements of the trial, the referee shall determine whether the arbitration panel shall nonetheless hear the case or whether another postponement shall be granted, such determination to be consistent with the ends of justice, considering all the circumstances of the case. 7-412. Adjournments By Arbitrators. After the arbitrators shall have commenced their investigations, they may adjourn from day to day, or for a longer time, if the ends of justice require it, until their investigations are completed, and they have made up their award. The arbitrators will not meet or discuss the case or any issue except as a group and with the referee present. 7-413. Discovery. The parties to the arbitration may obtain discovery in the same manner as provided by law for discovery in civil cases in the superior courts. 7-414. Powers Of Referee To Compel Attendance Of Witnesses; Compensation Of Witnesses. The referee shall be clothed with all the powers of the superior courts to compel the attendance of witnesses before the arbitrators, to compel witnesses to testify, and to issue subpoenas requiring the attendance of witnesses at the time and place of the meeting of the arbitrators. Subpoenas shall be served in the manner provided by law for the service of subpoenas in cases pending in the superior courts. Witnesses shall be entitled to the same compensation as witnesses in the superior courts, and such compensation may be collected in the same manner. 7-415. Powers Of The Referee To Compel The Production Of Books, Etc. The referee shall be clothed with all the powers of the superior courts to compel parties to produce books and all other papers which they may deem necessary and proper for the investigation of the matters submitted to arbitration, giving to the party, his agent or attorney, from whom the production is required, such notice as is required in the superior courts for the production of papers.

"GA1978.1.2286">

7-416. Competency Of Witnesses. All persons who are competent as witnesses in the superior courts shall be competent in all cases before said arbitrators. 7-417. Rules Governing Examination Of Witnesses And Admission Of Evidence. The examination of witnesses and the admission of evidence shall be governed by the rules applicable to the superior courts. 7-418. Administration Of Oaths By Referee. The referee shall have power to administer oaths to witnesses, and all other oaths that may be necessary for carrying the provisions of this Chapter into full effect. 7-419. Findings. The arbitrators shall make a written finding on each of the matters in controversy contained in the submission. If the arbitrators shall fail to agree on any finding, then any two of them may make the finding, which shall have the same force and effect as if made by all. 7-420. Copy Of Findings To Be Given To Parties, Original Returned To Court; Record; Effect. After the arbitrators shall have made their findings, the referee shall furnish each of the parties with a copy thereof, and the original shall be entered on the minutes of the court authorizing the arbitration, shall have all the force and effect of a judgment or decree of said court, and may be enforced in the same manner at any time after the adjournment of said court. For the entering of such findings upon the minutes of the court, the clerk shall be entitled to the same fees allowed by law for the entering of judgments in other cases, to be paid by the parties as provided in the submission. 7-421. Finality Of Findings; Appeals To Superior Court. All findings of the arbitrators with respect to which no application for a review thereof is filed in due time, shall be final and conclusive between the parties as to all matters submitted to the arbitrators; but either party to the dispute may, within 30 days from the date such findings are entered upon the minutes of the court authorizing the arbitration, appeal from such findings to the superior court of the county in which the arbitration was authorized. When such appeal is made, all findings shall be final and conclusive between the parties as to all matters submitted to the arbitrators only upon the final

"GA1978.1.2287">

disposition of the appeal as provided by this Chapter. The party conceiving himself to be aggrieved may file an application in writing to the referee of the arbitration panel asking for an appeal from any such findings, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed as herein provided, the referee shall, within 30 days from the filing of the same, cause a true copy of the submission, findings and all other parts of the record, including a transcript of evidence and proceedings, to be transmitted to the clerk of the superior court to which the case is appealable, as hereinbefore set out. The cause so appealed may thereupon be brought on for a hearing in either term time or vacation before said superior court upon such record by either party on 10 days' written notice to the other; subject, however, to an assignment of the same for hearing by the court. The findings of fact made by the arbitrators shall, in the absence of fraud, be conclusive, but upon such hearing the court shall set aside the findings, if it be found that: (1) The findings were procured by fraud; (2) There is no evidence to support the findings of fact by the arbitrators; (3) The findings are contrary to law. No findings shall be set aside by the court upon any grounds other than one or more of the grounds above stated. If not set aside upon one or more of such stated grounds, the court shall affirm the findings so appealed from. Upon the setting aside of any such findings, the court may recommit the controversy to the arbitration panel for further hearing or proceeding in conformity with the judgment and opinion of the court, or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though rendered in a suit heard and determined by said court. In case of an appeal from the decision of the arbitration panel, said appeal shall operate as a supersedeas, and no defendant shall be required to make payment of the amount involved in the submission in the case so appealed, until such question at issue therein shall have been fully determined in accordance with the provisions of this

"GA1978.1.2288">

Chapter. Defendant may voluntarily make payment, however, prior to final disposition of the appeal. 7-422. Costs; How Taxed. The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission. 7-423. Compensation Of Arbitrators And Referee. The arbitrators and referee shall have such compensation for their services as may be agreed upon by the parties in the submission. 7-424. Civil And Criminal Immunity. An arbitrator shall not be civilly or criminally liable for libel, slander or defamation of any of the parties to the arbitration, for any statement or action taken within the official capacity of the arbitrator during the arbitration. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. STATE LIBRARIANREPORTS OF PUBLIC DOCUMENTS. Code Section 101-202 Amended. No. 1490 (House Bill No. 1431). AN ACT To amend Code Section 101-202, relating to the distribution of public documents by the State Librarian to public libraries and to public institutions of learning maintaining libraries in Georgia, so as to provide for the submission on or before December 1 of each year by each department and institution within the executive branch of State government of a report to the State Librarian containing a list by title of all public documents published or issued by such department

"GA1978.1.2289">

or institution during the preceding State of Georgia fiscal year and a statement noting the frequency of publication of each public document; also to provide that the State Librarian may disseminate copies of the lists, or such parts thereof, in such form as the State Librarian, in his or her discretion, deems shall best serve the public interest; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 101-202, relating to the distribution of public documents by the State Librarian to public libraries and to public institutions of learning maintaining libraries in Georgia, is hereby amended by adding thereto a new paragraph, to read as follows: Each department and institution within the executive branch of State government shall make a report on or before December 1 of each year to the State Librarian containing a list by title of all public documents published or issued by such department or institution during the preceding State of Georgia fiscal year. The report shall also contain a statement noting the frequency of publication of each such public document. The State Librarian may disseminate copies of the lists, or such parts thereof, in such form as the State Librarian, in his or her discretion, deems shall best serve the public interest. 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 11, 1978.

"GA1978.1.2290">

HUNTING LICENSESNONRESIDENT BIG GAME LICENSES. No. 1491 (House Bill No. 1505). AN ACT To amend Code Chapter 45-3, relating to hunting, fishing and trapping licenses, so as to change the provisions relating to nonresident big game licenses; to change by whom such licenses may be issued and sold, and the fees received therefor; to require certain specifications on such licenses and restrict the issuance or sale of such licenses according to certain quotas to be established by the Department; to require posting of certain notices; to provide for applications; to make certain conduct unlawful; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 45-3, relating to hunting, fishing and trapping licenses, is hereby amended by adding in the second sentence of subsection (a) of Section 45-301, after the following: Licenses for hunting and fishing, the following: , except for nonresident big game licenses,, so that when so amended, said subsection shall read as follows: 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, except for nonresident big game licenses, may be sold in each county by persons approved by the Department to be either bonded license agents or cash license agents. Section 2. Said Code Chapter is further amended by striking from paragraph (5) of subsection (b) of Section 45-301 the following:

"GA1978.1.2291">

, and except for a nonresident big game license for which the agent may receive one dollar ($1.00) for each license issued, so that when so amended, said paragraph shall read as follows: (5) 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. Section 3. Said Code Chapter is further amended by striking from paragraph (4) of subsection (c) of Section 45-301 the following: , and except for a nonresident big game license, for which the agent may receive one dollar ($1.00) for each license issued, so that when so amended, said paragraph shall read as follows: (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. Section 4. Said Code Chapter is further amended by adding immediately following Code Section 45-301 a new Code Section 45-301.1, to read as follows: 45-301.1. Nonresident Big Game Licenses. (a) Nonresident big game licenses shall only be issued or sold by the Department and shall not be issued or sold except at one location in the State to be designated by the Department. Such applications for licenses may be made by mail or in person and shall specify the county and season in which such big game are to be hunted. (b) Each nonresident big game license shall specify the season during which such license is valid and the one county in which such license is valid; and such license shall only authorize the hunting of big game during the season and in the county designated on such license. Subject to the limitations of subsection (c) of this Section, no more than one nonresident big game license may be issued and sold to an applicant for use during the hunting season.

"GA1978.1.2292">

(c) On July 1, 1979, and every year thereafter the Department shall not issue and sell more than one hundred (100) nonresident big game licenses for hunting big game in any one county. Licenses shall be issued for each county by random computer selection of applications received by the Department. (d) The Department shall take such actions as it deems reasonably necessary to inform nonresidents of the provisions of this section. Section 5. Said Code Chapter is further amended by striking from subsection (e) of Section 45-302 the following: and for any nonresident, regardless of age,, so that when so amended, said subsection shall read as follows: (e) It shall be unlawful for any resident of Georgia who has attained the age of sixteen (16) years to hunt or possess big game, unless such person has in his possession a big game license, in addition to the required hunting license. Section 6. Said Code Chapter is further amended by adding a new subsection (o) following subsection (n) of Section 45-302, to read as follows: (o) It shall be unlawful for any nonresident, regardless of age, to hunt or possess big game unless such person has in his possession, in addition to the required hunting license, a nonresident big game license, pursuant to Code Section 45-301.1, and the big game which the nonresident hunts or possesses is being or was hunted only in the county designated in such big game license. Section 7. This Act shall become effective on July 1, 1978, but shall only become effective as to nonresident big game licenses sold or issued for hunting seasons beginning on or after July 1, 1979. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978.

"GA1978.1.2293">

INTERGOVERNMENTAL COOPERATION ACT AMENDED. No. 1492 (House Bill No. 1560). AN ACT To amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 782), so as to change the provisions relative to the functions and authority of area planning and development commissions; to provide requirements relative thereto; to provide that State agencies shall send certain notices to local governments relative to certain programs; to provide for other matters relative to the foregoing; to provide that this Act shall be cumulative of any authority provided to certain metropolitan area planning and development commissions and shall not diminish any authority heretofore granted to any such commission; 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 implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 782), is hereby amended by striking subsection (h) of Section 14 in its entirety and substituting in lieu thereof a new subsection (h) to read as follows: (h) cooperate with all units of local government and planning and development agencies within the area and coordinate area planning and development activities with those of the State and of the units of local government within the area as well as neighboring areas and with the programs of Federal departments, agencies, and regional commissions, and provide such technical assistance, including data processing and grant administration services for local governments,

"GA1978.1.2294">

as may be requested of it by a unit or units of local government, and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government;. Section 2. Said Act is further amended by striking the period appearing at the end of subsection (i) of Section 14 and inserting in lieu thereof a semicolon, and by striking the period appearing at the end of subsection (j) of Section 14 and inserting in lieu thereof a semicolon. Section 3. Said Act is further amended by striking subsection (k) of Section 14 in its entirety and substituting in lieu thereof 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, continue or renew arrangements with the United States Government, an adjoining state, the State of Georgia, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the management, administration, or operation of human service programs by said area planning and development commission, but in the conduct of any such human service programs, a commission shall not engage in the direct delivery of goods or services to individual consumers but may enter into contracts with other authorized entities, including units of local government, for the delivery of such goods or services by and in the name of such entities. Section 4. Said Act is further amended by adding between Sections 14 and 15 two new Sections to be designated Section 14A and Section 14B and to read as follows: Section 14A. (a) For the purposes of subsection (k) of Section 14, `human service programs' means any activity authorized by law to be undertaken by the State of Georgia or by any unit of local government in which it is undertaken, the funds for which are provided by or through the United States Government, an adjoining state, the State of Georgia, any unit of local government, any agency or instrumentality of the foregoing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special

"GA1978.1.2295">

burdens of the young, the indigent, the aged, or the handicapped or ill. (b) Except as otherwise provided by subsection (d) of this Section, no authority granted to area planning and development commissions by this Act shall be construed to authorize an area planning and development commission to manage, administer or operate any program involving the direct delivery of governmental services to consumers or to administer contracts for the delivery of governmental services to consumers except contracts for the administration of human service programs as defined by subsection (a) of this Section and as authorized by subsection (k) of Section 14 of this Act; provided, however, that area planning and development commissions shall be authorized to provide technical assistance to units of local government in areas of governmental services. As used herein, `governmental services' means those services provided by local units of government of Georgia and includes, by way of illustration and not of limitation, the following governmental services: (1) law enforcement, including arrest, detention and court administration (2) fire protection (3) solid waste collection and disposal (4) street and road construction, maintenance including curbs, sidewalks and street lights (5) parks, recreation areas and facilities (6) development, storage treatment and purification and distribution of water (7) storm water and sewerage disposal system (8) public housing (9) airport construction and maintenance (10) terminal and dock facilities and parking facilities

"GA1978.1.2296">

(11) air pollution control (12) libraries. (c) When an area planning and development commission administers a contract for the purposes of subsection (k) of Section 14 or pursuant to the authority of subsection (d) of this Section, no employee of the area planning and development commission, who is compensated for his services by the area planning and development commission, shall also serve, during the period of any such contract, as a board member, officer or paid employee of the entity contracting with the area planning and development commission. (d) Notwithstanding any limitations otherwise provided by this Act, an area planning and development commission may manage, administer or operate any program involving services in addition to `human service programs', as authorized by subsection (k) of Section 14, or engage in the direct delivery of goods and services to individual consumers until July 1, 1983, if the area planning and development commission was managing, administering or operating such programs or was engaged in such direct delivery of goods and services as of January 1, 1978. This authorization shall include continuation or renewal of such programs at any level of funding or addition of new program components to said programs and continuation or renewal of arrangements for such direct delivery of goods and services at increased levels of funding. Section 14B. When federal or State law or regulations require the designation of an areawide or multicounty public or private corporation, organization or agency for multicounty delivery of human service programs, the State agency administering such programs shall send a notice of intent to designate such areawide or multicounty corporation, organization or agency to units of local government in the area to be affected. Such notice shall discuss in general the details of the program and, when applicable, possible local government involvement. Section 5. 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. Laws 1971, p. 17), as amended, and nothing in this Act shall be construed to repeal, limit or diminish

"GA1978.1.2297">

any power heretofore possessed by any such metropolitan area planning and development commission. 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 April 11, 1978. INSURANCEINTEREST ON LIFE INSURANCE. Code Section 56-2503.1 Enacted. No. 1493 (House Bill No. 1567). AN ACT To amend Code Chapter 56-25, relating to life insurance, as amended, so as to require that insurers pay interest at a specified rate on the proceeds of policies of life insurance; to provide limitations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

"GA1978.1.2298">

Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-25, relating to life insurance, as amended, is hereby amended by adding a new Section after Code Section 56-2503, to be designated Code Section 56-2503.1, to read as follows: 56-2503.1. Failure to pay within 30 days of death of insured; interest; limitations. (a) Each insurer admitted to transact life insurance in this State shall pay interest on proceeds or payments under any policy of life insurance, individual or group, payable to a beneficiary residing in this State, or to a beneficiary under a policy issued in this State, or to a beneficiary under a policy insuring a person resident in this State at the time of death. (b) Interest payable pursuant to subsection (a) shall be computed from the insured's death until the date of payment and shall be at the following rate of interest: (1) In the event an action to recover the proceeds due under such policy is commenced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or (2) In the event no such action has been commenced, interest shall be computed daily at the greater of the rate of 6 per centum per annum or the highest interest rate currently paid by the insurer on proceeds left under an interest settlement option. (c) The provisions of this Section shall not apply to: (1) Proceeds under any such policy paid within 30 days after the date of death of the insured. (2) Require the payment of interest in an amount of less than $5.00. (3) Policies of credit life insurance. (4) Require the payment of interest for any period during which an insurer is required to pay interest under any State or federal law pertaining to interpleader.

"GA1978.1.2299">

(5) Any individual policy issued within 12 months of the death of the insured. (d) For the purposes of this Section, payment shall be deemed to have been received by a resident when manually delivered by an agent or representative of the insuring company, or when deposited by the insuring company in the United States mail, postage prepaid, and directed to the resident at his last known address as evidenced by the business records of the insuring company. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED. No. 1494 (House Bill No. 1576). AN ACT To amend an Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved March 6, 1976 (Ga. Laws 1976, p. 395), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 713), so as to clarify the status of retired peace officers; to change the provisions relative to exemptions from certification; to define the term retired peace officer; to provide for the certification and registration of retired peace officers; 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. Laws

"GA1978.1.2300">

1970, p. 208), as amended, particularly by an Act approved March 6, 1976 (Ga. Laws 1976, p. 395), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 713), is hereby amended by adding at the end of Section 2 a new subsection to read as follows: (i) `Retired peace officer' means a retired law enforcement officer who, prior to his retirement from service with the State, a sub-division or municipality thereof, was a peace officer within the meaning of such term as defined in subsection (d) above, and whose powers of arrest have been retained as authorized by the law enforcement unit from which he retired. A `retired peace officer' may be certified or registered upon voluntarily complying with certification or registration provisions of this Act. Section 2. Said Act is further amended by striking subsection (b) of Section 13, which reads as follows: (b) Peace officers commencing full-time employment with the Department of Public Safety, counties, or municipalities after July 1, 1970, are required to comply with certification provisions of this Chapter. Peace officers commencing full-time employment with the Department of Public Safety, counties or municipalities before July 1, 1970, and whose full-time employment continues on July 1, 1970, are exempt and are excused from compliance so long as said registration as provided for in subsection (e) of this section remains in effect., in its entirety. Section 3. Said Act is further amended by striking subsection (c) of Section 13 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, or municipalities, or the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue Alcohol and Tobacco Tax Unit, the Secretary of State's investigative section or a railroad after July 1, 1975, are required to comply with the certification provisions of this Act. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and excused from compliance

"GA1978.1.2301">

with the certification provisions of this Act, except as hereinafter provided, so long as said registration as provided for in subsection (e) of this Section remains in effect. Any peace officer otherwise exempt from the certification provisions of this Act must meet the qualifications and requirements specified in subsections (b), (d), (e) and (h) of Section 8 of this Act. Section 4. Said Act is further amended by striking from subsection (e) of Section 13 the figure 1977 and inserting in lieu thereof the figure 1978, and by striking the word Nothing where it appears at the beginning of the last sentence of said subsection and inserting in lieu thereof the following: Except as otherwise provided by subsection (c) of this Section, nothing, so that when so amended said subsection (e) shall read as follows: (e) Peace officers exempt from the certification provisions of this Act are required to register with the Council by December 31, 1978. 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. Except as otherwise provided by subsection (c) of this Section, nothing in this subsection shall be deemed to require any such exempt peace officer to comply with Section 8 and Section 9 of this Act for the period of time same registration shall remain in effect. Section 5. Said Act is further amended by redesignating subsections (c), (d), (e), (f) and (f) of Section 13 as subsections (b), (c), (d), (e) and (f), respectively. Section 6. Said Act is further amended by adding a new subsection (g) to Section 13 to read as follows:

"GA1978.1.2302">

(g) A retired peace officer, as defined in Section 2, shall be certified or registered upon complying with certification or registration provisions of this Act. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified or registered by this Act. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. THE GEORGIA DRIVER IMPROVEMENT ACT. Code Title 68D Enacted. No. 1495 (House Bill No. 1671). AN ACT To amend the Code of Georgia of 1933, as amended, so as to create a new Code Title 68D, to be known as The Georgia Driver Improvement Act; to provide for the creation, operation and management of driver improvement programs; to provide for a statement of purpose; to provide that the provisions of such Code Title are in addition to existing laws; to provide for optional additional methods for the restoration of drivers' licenses and the granting of limited driver permits for those persons whose drivers' licenses have been suspended or revoked; to provide for voluntary acceptance of the provisions of such Code Title; to provide for the administration of driver improvement programs; to provide for rules and regulations; to provide for practices and procedures; to provide for the approval of driver improvement clinics and the requirements for such approval; to provide for courses and their contents; to provide for the reinstatement of drivers' licenses and the practices and procedures in connection therewith; to provide for fees; to provide for hearings; to provide for the reduction of points accumulated by

"GA1978.1.2303">

drivers under certain conditions; 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. The Code of Georgia of 1933 is hereby amended by adding thereto a new Code Title 68D, which shall be known as The Georgia Driver Improvement Act, to read as follows: Title 68D The Georgia Driver Improvement Act Chapter 68D-1 Driver Improvement Program 68D-101. Georgia Driver Improvement Act; Purpose. The purpose of this Code Title, the Georgia Driver Improvement Act, is to improve and promote greater safety upon the highways and streets of this State; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; to provide uniform educational and training programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators; and to suspend or revoke the license of those persons who do not respond to the rehabilitation programs. 68D-102. Program Optional. The provisions of this Code Title are intended to provide an additional method for the restoration of the licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this State. Acceptance of the provisions of this Code Title shall be voluntary on the part of each driver within this State and no driver shall be compelled to participate in the driver improvement program established hereunder. The provisions of this Code Title shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with the provisions of this Code Title shall be an alternative method by which a driver may have his license restored after it has been suspended or revoked by the Department of Public Safety and shall be in addition to the methods provided for the restoration of a driver's license or the issuance of a limited driving permit by the provisions of Code Title 68B, as now or hereafter amended.

"GA1978.1.2304">

68D-103. Program Administration. The Driver Improvement Program created by this Code Title shall be administered by the Commissioner of Public Safety. The Commissioner is hereby authorized to promulgate and adopt rules and regulations necessary to carry out the provisions of this Code Title. For the purpose of generating greater interest in highway safety, the Commissioner may solicit the assistance of local governmental authorities, associations, societies, clubs, schools, colleges, and other organizations or persons, knowledgeable in highway safety driving standards, to participate in conjunction with the Department in the development of local driver improvement programs and in conducting driver improvement classes. 68D-104. Driver Improvement Clinics; Approval; Standards. The Commissioner of Public Safety shall establish criteria for the approval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, a professional defensive driving course, a basic alcohol or drug course, an advanced alcohol or drug program, advanced professional alcohol or drug treatment, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The Commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students and examinations. No approved clinic shall charge a fee of more than $40.00 for a basic alcohol or drug course or an advanced alcohol or drug program. No approved clinic shall charge a fee of more than $15.00 for a defensive driving course, an advanced defensive driving course or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records and financial statements of such clinic by the Department of Public Safety. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school or college. 68D-105. Reinstatement of Licenses; Points; Mandatory Suspensions. (a) The license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 68B-305, except for the offense of driving or being in

"GA1978.1.2305">

actual physical control of a motor vehicle while under the influence of alcohol or any drug, or as a result of the assessment of points pursuant to Code Section 68B-307, shall be reinstated by the Department immediately upon receipt by the Department of Public Safety of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $20.00. (b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 68B-305, except for the offense of driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any drug, or as a result of the assessment of points pursuant to Code Section 68B-307, shall be reinstated by the Department immediately upon receipt by the Department of Public Safety of a certificate of completion of an advanced defensive driving course and the payment of a restoration fee of $20.00. 68D-106. Resintatement of Licenses; Driving Under the Influence. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any drug pursuant to paragraph 3. of Code Section 68B-305 shall be reinstated by the Department immediately upon receipt by the Department of Public Safety of a certificate of completion of an approved basic alcohol or drug course and the payment of a restoration fee of $20.00. (b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any drug pursuant to paragraph 3. of Code Section 68B-305 shall be reinstated by the Department immediately upon receipt by the Department of Public Safety of a certificate of completion of an approved advanced alcohol or drug program and the payment of a restoration fee of $20.00. 68D-107. Point Count; Reduction. Upon the accumulation of eight points or more pursuant to the provisions of Code Section 68B-307 the total number of points accumulated by any driver shall be reduced by three points upon the satisfactory completion by such driver of an approved defensive driving course and the submission of a certificate by such driver to the Department of Public Safety.

"GA1978.1.2306">

The provisions of this Section shall be available one time only to each driver in any ten year period. 68D-108. Conditions of Title Exclusive. The requirements and conditions of this Code Title and the rules and regulations adopted pursuant to this Code Title shall be the exclusive requirements for restoration of a license under this Title or the issuance of a limited driving permit under this Title. Section 2. This Act shall become effective on October 15, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978. GEORGIA SPORTS HALL OF FAME BOARD CREATED. No. 1496 (House Bill No. 1809). AN ACT To create the Georgia Sports Hall of Fame Board; to provide for membership, expenses, offices, personnel, functions, purposes and funds; 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. There is hereby created the Georgia Sports Hall of Fame Board. The board shall be composed of nine members to be appointed by the Governor. Initially, three members shall be appointed for terms of two years, three for four years and three for six years. Thereafter, all members shall be appointed for terms of six years. The Governor shall consider different areas of the State when making appointments to the board. The members shall elect a

"GA1978.1.2307">

chairman, a vice chairman and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is hereby authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business. Section 2. The board shall obtain such halls, rooms, quarters and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures and other exhibits and material relating to sports, athletics and athletes. Section 3. It shall be the main plurpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in Georgia or elsewhere. The board is authorized to conduct surveys and polls and appoint committees to assist it in performing its functions and purposes. Section 4. The board is authorized to solicit and accept donations, contributions and gifts of money and property to enable it to carry out its functions and purposes. Such donations, contributions and gifts shall be exempt from all taxation in Georgia. The General Assembly is authorized to appropriate funds to the board. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1978.

"GA1978.1.2309">

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1978 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

"GA1978.1.2310">

PENALTY ASSESSMENTS IN CRIMINAL CASES. Proposed Amendment to the Constitution. No. 89 (Senate Resolution No. 31). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials; 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, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly shall be authorized to provide for the assessment of additional penalties in any case in which any court in this State shall impose a fine or order the forfeiture of any bond in the nature of the penalty for all offenses against the criminal or traffic laws of this State and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of meeting any and all costs, or any portion thereof, of providing training to law enforcement officers of the State and political subdivisions thereof and to the prosecuting officials of this State and political subdivisions 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 General Assembly to provide for

"GA1978.1.2311">

additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials? 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 MACONFIREMEN AND POLICE PENSION FUND. Proposed Amendment to the Constitution. No. 90 (Senate Resolution No. 313). A RESOLUTION To amend Resolution Act No. 78 found in Ga. Laws 1977, p. 1612, which proposed 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, so as to provide that the amendment proposed by such Resolution shall be repealed and shall not become a part of the Constitution under certain circumstances; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Resolution Act No. 78 found in Ga. Laws 1977, p. 1612, which proposed an amendment to the Constitution so as to increase the amount of the pensions paid to certain widows and children

"GA1978.1.2312">

of firemen and policemen who were members of the Firemen and Police Pension Fund of the City of Macon, is hereby amended by adding at the end of quoted subparagraph (d) of Section 1 the following: In the event an amendment to the Constitution completely revising Article X, relating to retirement systems and educational scholarships and changing other provisions of the Constitution in connection therewith, is ratified at the 1978 general election, then this subparagraph shall be repealed and shall not become a part of the Constitution. Section 2. All laws and parts of law in conflict with this Resolution are hereby repealed. FULTON COUNTYBOARD OF EDUCATION PENSION FUND. Proposed Amendment to the Constitution. No. 91 (Senate Resolution No. 279). To amend Resolution Act No. 53 found in Ga. Laws 1977, p. 1562, which proposed 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. Laws 1945, p. 528), as amended, and the beneficiaries of such individuals, so as to provide that the amendment proposed by such Resolution shall be repealed and shall not become a part of the Constitution under certain circumstances; to repeal conflicting laws; and for other purposes.

"GA1978.1.2313">

Be it resolved by the General Assembly of Georgia: Section 1. Resolution Act No. 53 found in Ga. Laws 1977, p. 1562, which proposed 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. Laws 1945, p. 528), as amended, and the beneficiaries of such individuals, is hereby amended by adding at the end of quoted subparagraph D. of Section 1 thereof the following: In the event an amendment to the Constitution completely revising Article X, relating to retirement systems and educational scholarships and changing other provisions of the Constitution in connection therewith, is ratified at the 1978 general election, then this subparagraph shall be repealed and shall not become a part of the Constitution. Section 2. All laws and parts of laws in conflict with this Resolution are hereby repealed. CLARKE COUNTYSHERIFF'S DUTIES. Proposed Amendment to the Constitution. No. 92 (Senate Resolution No. 239). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may provide for the powers and duties of the Sheriff of Clarke County by local law; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2314">

Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly may provide by local law for the powers and duties of the Sheriff of Clarke County without respect to uniformity. Such local law shall control in Clarke County over any general law heretofore or hereafter enacted dealing with the powers and duties of sheriffs. 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 General Assembly may provide by local law for the powers and duties of the Sheriff of Clarke County without respect to uniformity? 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.

"GA1978.1.2315">

SPALDING COUNTYORDINANCES. Proposed Amendment to the Constitution. No. 93 (Senate Resolution No. 356). A RESOLUTION Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Spalding County, Georgia, to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violations of such ordinances; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provisions of this Constitution, the governing authority of Spalding County is hereby authorized and empowered to adopt ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the governing and policing of the unincorporated areas of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority; and to provide penalties for violations of such ordinances, setting the nature and amount of such penalties or punishments; and to designate the court or courts which shall have jurisdiction in Spalding County over such offenses. 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.

"GA1978.1.2316">

The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to authorize and empower the governing authority of Spalding County to adopt ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the governing and policing of the unincorporated areas of said county and to provide for the enactment of punishment or penalties for the violation of such ordinances and the designation of a court which shall have jurisdiction over such ordinances and regulations? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. INCORPORATING AMENDMENTS INTO THE CONSTITUTION. Proposed Amendment to the Constitution. No. 94 (Senate Resolution No. 336). A RESOLUTION Proposing an amendment to the Constitution so as to provide that a special commission shall be authorized to incorporate amendments into the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2317">

Be it resolved by the General Assembly of Georgia: Section 1. Article XIII, Section I, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: Amendments to the Constitution of 1976 which are ratified at the same time a revised article or articles of such Constitution are ratified shall be incorporated as provided in this paragraph. There is hereby created a commission to be composed of the President of the Senate, the Speaker of the House of Representatives, the Attorney General, the Secretary of State, the Legislative Counsel and the Executive Director of the Select Committee on Constitutional Revision. The commission is authorized and directed to incorporate such amendments into the 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 incorporate properly such amendments into this Constitution and shall complete its duties prior to the first day of the year following the ratification of any such article and any such amendments. The commission shall deliver to the Secretary of State the provisions of the Constitution containing the incorporated amendments, and such provisions shall become a part of this Constitution. In order that the commission may perform its duties, this paragraph shall become effective as soon as it has been officially determined that this amendment has been ratified. 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 a special commission shall be authorized to incorporate amendments into the Constitution? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

"GA1978.1.2318">

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. PAYMENT FOR PRIVATE PROPERTY TAKEN FOR PUBLIC TRANSPORTATION PURPOSES. Proposed Amendment to the Constitution. No. 95 (Senate Resolution No. 333). A RESOLUTION Proposing an amendment to the Constitution so as to provide that when private property is taken or damaged for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor may be paid when the same has been finally fixed and determined as provided by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article I, Section III, Paragraph I of the Constitution is hereby amended by adding in the second sentence of subparagraph 1. after the words for public road and street purposes and before the words by the State the words or for any public transportation purposes, so that when amended subparagraph 1. of Paragraph I shall read as follows: 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

"GA1978.1.2319">

property is taken or damaged for public road and street purposes or for any public transportation 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. 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 when private property is taken or damaged for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate conpensation therefor may be paid when the same has been finally fixed and determined as provided by law? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2320">

CITY OF DOUGLASVILLEAD VALOREM TAX EXEMPTION. Proposed Amendment to the Constitution. No. 96 (House Resolution No. 744-2020). A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Douglasville; 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: Notwithstanding any other provisions of this Constitution to the contrary, the homestead of each resident of the City of Douglasville actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is hereby exempted in the amount of $4,000.00 from all ad valorem taxation by the City of Douglasville, provided that said resident is 65 years of age or over and provided that his income, together with the income of his spouse who also occupies and resides at such homestead, from all sources does not exceed $6,000.00 per annum. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Douglasville. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the governing authority of the City of Douglasville, or with a person designated by the governing authority of the City of Douglasville, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Douglasville, or the person designated by the governing authority of the City of Douglasville, to make a determination as to whether such owner is entitled to such exemption. After any such owner has filed the

"GA1978.1.2321">

proper affidavit, as provided above, and has been allowed the exemption provided for 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 governing authority of the City of Douglasville, or the person designated by the governing authority of the City of Douglasville, in the event he becomes ineligible for the exemption provided in this paragraph. The governing authority of the City of Douglasville, or the person designated by said governing authority, shall provide for the proper administration of this exemption. The exemption provided 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 provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Douglasville? 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.

"GA1978.1.2322">

TOCCOA-STEPHENS COUNTY BUILDING AND PARKS AUTHORITY. Proposed Amendment to the Constitution. No. 97 (House Resolution No. 735-2002). A RESOLUTION Proposing an amendment to an amendment to the Constitution known as the Toccoa-Stephens County Building and Parks Authority (Ga. L. 1964, pp. 948-964), ratified in the general election held November 3, 1964, so as to change the provisions relating to the requirement of a referendum for approval of leases and other contracts between said Authority and the City of Toccoa and County of Stephens; to change the provisions relating to the maximum amount of interest payable on bonds issued by said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph I of the Constitution, as amended particularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is hereby amended by striking the following: (5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any divisions, department, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreement with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said City and County and any division, department, institution or agency of the State to enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an

"GA1978.1.2323">

agreed sum for the use of such property and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; the substantive terms and conditions of such contracts and related agreements as relates to the City of Toccoa and Stephens County shall be approved by the assent of a majority of the qualified voters of said City and County, respectively, voting in an election for that purpose to be held as prescribed by law., and inserting in lieu thereof the following: (5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any division, department, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said City and County and any division, department, institution or agency of the State to enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an agreed sum for the use of such property and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority.

"GA1978.1.2324">

Section 2. Article IX, Section IV, Paragraph I of the Constitution, as amended particularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is further amended by striking the following: D. Revenue Bonds. The Authority or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed Ten Million ($10,000,000.00) Dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the costs as herein defined of any one or combination of 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 not exceeding five (5%) per centum per annum, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds., and inserting in lieu thereof the following: D. Revenue Bonds. The Authority or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed Ten Million ($10,000,000.00) Dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the costs as herein defined of any one or combination of 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 not exceeding market rates of interest, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed

"GA1978.1.2325">

by the Authority in the resolution providing for the issuance of the bonds. Section 3. Article IX, Section IV, Paragraph I of the Constitution, as amended particularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is further amended by striking the following: H. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine for the best interests of the Authority, but no such sale shall be made at a price as low as to require the payment of interest on the money received therefore at more than five (5%) per centum per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity., and inserting in lieu thereof the following: H. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 4. 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 change the provisions relative to referendum approval of contracts between the Toccoa-Stephens County Building and Parks Authority and the City of Toccoa or Stephens County and the maximum interest rate payable on revenue bonds issued by said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

"GA1978.1.2326">

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CRISP COUNTY-CORDELE INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 98 (House Resolution No. 719-1944). A RESOLUTION Proposing an amendment to the Constitution so as to increase the membership of the Crisp County-Cordele 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. Laws 1968, p. 1757, ratified November 5, 1968) and continued as a part of the Constitution of 1976, the following: The Authority shall be composed of five members, one of whom shall be the Chairman of the Commissioners of Roads and Revenues of Crisp County, one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the president of the Cordele-Crisp County Chamber of Commerce. The Commissioners of Roads and Revenues of Crisp County shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, successors to the initial member appointed by the Commissioners

"GA1978.1.2327">

of Roads and Revenues of Crisp County shall serve for three years and until their successors are duly elected and qualified. The City Commissioners of Cordele shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of two years and until their successors are duly appointed and qualified. Thereafter, successors to the initial member appointed by the City Commissioners shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Commissioners of Roads and Revenues of Crisp County or the City Commissioners of Cordele appoint a member of either Commission., and inserting in lieu thereof the following: The Authority shall be composed of seven members, one of whom shall be the Chairman of Crisp County Board of Commissioners, one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the President of the Cordele-Crisp County Chamber of Commerce. The Crisp County Board of Commissioners shall appoint two members, each of whom shall be a resident of Crisp County, within or without the city limits of Cordele and each of whom shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, each successor appointed by the Crisp County Board of Commissioners shall serve for three years and until his successor is duly elected and qualified. The City Commissioners of Cordele shall appoint two members, each of whom shall be residents of Crisp County within or without the city limits of Cordele and each of whom shall serve for a term of two years and until his successor is duly appointed and qualified. Thereafter, successors to the initial members appointed by the City Commissioners of Cordele shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Crisp County Board of Commissioners or the City Commissioners of Cordele appoint a member of either Commission. No vacancy shall impair the power of the Authority to act, provided that five (5) members are in accord with such action., so that when amended, subparagraph B. shall read as follows: B. The Authority shall be composed of seven members, one of whom shall be the Chairman of Crisp County Board of Commissioners,

"GA1978.1.2328">

one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the President of the Cordele-Crisp County Chamber of Commerce. The Crisp County Board of Commissioners shall appoint two members, each of whom shall be a resident of Crisp County, within or without the city limits of Cordele and each of whom shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, each successor appointed by the Crisp County Board of Commissioners shall serve for three years and until his successor is duly elected and qualified. The City Commissioners of Cordele shall appoint two members, each of whom shall be residents of Crisp County within or without the city limits of Cordele and each of whom shall serve for a term of two years and until his successor is duly appointed and qualified. Thereafter, successors to the initial members appointed by the City Commissioners of Cordele shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Crisp County Board of Commissioners or the City Commissioners of Cordele appoint a member of either Commission. No vacancy shall impair the power of the Authority to act, provided that five (5) members are in accord with such action. In the event a vacancy occurs on the Authority for any reason, the appointing authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chairman, Vice-Chairman and Secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority. Section 2. The Constitution, as amended, is hereby amended by striking subparagraph E. thereof, as added by said amendment as set forth in Ga. Laws 1968, p. 1757, which reads as follows: Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes., in its entirety, and inserting in lieu thereof a new subparagraph E. to read as follows: E. Any five (5) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved

"GA1978.1.2329">

by not less than five (5) affirmative votes, subject, however, in the event of a vacancy, to the provisions of subparagraph B. hereof. Section 3. 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 increase in membership of the Crisp County-Cordele Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CHARLTON COUNTYCIVIL JURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 99 (House Resolution No. 716-1916). 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 repeal Resolution Act

"GA1978.1.2330">

Number 80, found in Georgia Laws 1977, page 1616, which proposed an amendment to the Constitution increasing 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. 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 five hundred dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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.

"GA1978.1.2331">

Section 3. Resolution Act Number 80, found in Georgia Laws 1977, page 1616, 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, is hereby repealed in its entirety. DOWNTOWN WEST POINT DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 100 (House Resolution No. 711-1910). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown West Point Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX. Section VIII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly shall be authorized to create in and for the City of West Point the Downtown West Point Development Authority for the purpose of redevelopment of the downtown West Point area. Said Authority shall have the power to employ engineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of West Point for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of West Point, and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of West Point, to defray the costs of the foregoing. The Authority

"GA1978.1.2332">

shall have the power to issue bonds and revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against property used exclusively for residential purposes or property used for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of West Point which shall be subject to the provisions of amendment. The provisions of this amendment shall become effective November 10, 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 provide for the establishment of a Downtown West Point Development Authority and to provide for the powers, duties, and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2333">

LOWNDES COUNTYREGULATION OF ITINERANT BUSINESSES. Proposed Amendment to the Constitution. No. 101 (House Resolution No. 668-1867). A RESOLUTION Proposing an amendment to Article IX of the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Lowndes County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in said County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX of the Constitution of the State of Georgia, as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows: The Board of Commissioners of Lowndes County shall have the full power and authority to regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in Lowndes County and to require of each such peddler, vendor and tradesman conducting any business activity in Lowndes County to pay a license fee to be determined by the Board of Commissioners of Lowndes County unless such peddler, vendor, or tradesman is otherwise exempt from payment of such license fee under any provision of the general law 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 authorize the Board of Commissioners of

"GA1978.1.2334">

Lowndes County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in said County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY. Proposed Amendment to the Constitution. No. 102 (House Resolution No. 664-1850). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority to direct the election superintendent of Catoosa County to conduct additional referendums for the establishment of the Lakeview-Fort Oglethorpe Tax District and to authorize the issuance of bonds for the purpose of building a stadium and recreational facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section V of the Constitution, as proposed by a resolution appearing in Ga. Laws 1976, p. 1831 and ratified in the 1976 general election, is hereby amended by striking Paragraph

"GA1978.1.2335">

VI in its entirety and inserting in lieu thereof a new Paragraph VI to read as follows: Paragraph VI. Lakeview-Fort Oglethorpe Tax District. Upon the approval of the electors as herein provided the Lakeview-Fort Oglethorpe Tax District shall be established. The Tax District shall include all that area and territory located within Catoosa County within the following boundaries, to wit: The western boundary lines shall be the Walker County line, the northern boundary lines shall be the Tennessee State line. The eastern boundary lines shall follow the west Chickamauga Creek south of the Tennessee line until it intersects with the Battlefield Parkway, Georgia Highway 2-A, then follows 2-A until it intersects with the old Chickamauga Park line now owned by the Catoosa County Board of Education where it shall follow that line to its most southern point. The southern boundary line shall start at that point and follow the northern boundary of Chickamauga Battlefield until it intersects with the Walker County line. The Tax District shall not come into existence nor shall the Authority be authorized to levy taxes within such district or issue bonds until the creation of the district has been authorized in a referendum as hereinafter provided in this Paragraph. On or after January 1, 1979, the members of the Authority shall adopt a resolution directing the election superintendent of Catoosa County to issue the call for an election for the purpose of determining whether the Lakeview-Fort Oglethorpe Tax District shall be established. Not less than one nor more than 10 days after the receipt of such resolution it shall be the duty of the election superintendent to issue the call for such election. Those persons who are qualified to vote for members of the General Assembly who reside within the proposed district shall be eligible to vote in such election. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Catoosa County. The ballot shall have written or printed thereon the words:

"GA1978.1.2336">

[] YES [] NO Shall the Lakeview-Fort Oglethorpe Tax District be established and the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority be authorized to issue not more than $500,000 in bonds for the purpose of building a stadium and recreation facilities? All persons desiring to vote for the creation of the Tax District and construction of such facilities shall vote `Yes', and those persons desiring to vote against creation of the Tax District and construction of such facilities shall vote `No'. If more than one-half of the votes cast on such question are for creation of the Tax District, such Tax District shall thereupon immediately come into existence and the Authority shall thereupon be authorized to issue bonds as provided in this Section without further approval of the voters and shall further be authorized to tax within such Tax District. The expense of such election shall be borne by Catoosa County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. If more than one-half of the votes cast on such question in a referendum are against creation of the Tax District the Authority may call one or more additional referendums, but no such additional referendum shall be called within two years of the date of a preceding referendum. 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 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority to direct the election superintendent of Catoosa County to conduct additional referendums for the establishment of the Lakeview-Fort Oglethorpe Tax District and to authorize the issuance of

"GA1978.1.2337">

bonds for the purpose of building a stadium and recreational facilities? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. JONES COUNTYTAXATION FOR USE OF DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 103 (House Resolution No. 655-1828). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of Jones County to levy and collect an ad valorem property tax, not to exceed one-half mill, for the exclusive use of the Development Authority of Jones County; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article IX, Section VIII, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: For the purpose of developing and promoting the public good and general welfare, trade, commerce, industry, and employment opportunities in Jones County, the governing authority of Jones County is hereby authorized to levy and collect a tax, in addition to

"GA1978.1.2338">

those already provided for by law, not to exceed one-half mill, on all the taxable real property in Jones County, for the exclusive use of the Development Authority of Jones County. The tax herein authorized shall not be levied or collected until the governing authority of Jones County shall have activated said Authority as provided in the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, by electing the directors of said Authority, by declaring that there is a need for said Authority in Jones County, and by filing with the Secretary of State a copy of the resolution containing said declaration. 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 governing authority of Jones County to levy and collect an ad valorem property tax, not to exceed one-half mill, for the exclusive use of the Development Authority of Jones 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.

"GA1978.1.2339">

FAYETTE COUNTY INDUSTRIAL BUILDING AUTHORITY MEMBERSHIP. Proposed Amendment to the Constitution. No. 104 (House Resolution No. 654-1828). A RESOLUTION Proposing an amendment to the Constitution so as to increase the number of members of the Fayette County Industrial Building Authority and to change the method of appointing members of such Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VII, Section V, Paragraph I of the Constitution is hereby amended by striking paragraph B. as contained in an amendment which was proposed and ratified at the 1962 general election and which is contained in Ga. Laws 1962, p. 957, which reads as follows: B. The Authority shall consist of three members, one a resident of the City of Fayetteville, one a resident of Peachtree City and one a resident of Fayette County at large, all of whom shall be appointed by the Board of Commissioners of Roads and Revenues for Fayette County. The original members shall be appointed for two, four and six year terms, such terms to be determined by lot. Subsequent terms shall be for six years. Members shall be eligible for reappointment. Members shall serve until their successors are duly appointed and qualify and may be removed from office by the Board of Commissioners of Roads and Revenues only for misconduct or moving their residence from the county. Vacancies shall be filled for an unexpired term by the board of commissioners of roads and revenues. No vacancy shall impair the power of the Authority to act. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter., and inserting in lieu thereof the following:

"GA1978.1.2340">

B. The Authority shall consist of five members, all of whom shall be appointed by the Board of Commissioners of Fayette County. The members of the Authority who are in office on January 1, 1979, shall continue in office until the expiration of the terms of office to which they were appointed and until their respective successors are duly appointed and qualified. The two additional members shall be appointed by the Board of Commissioners of Fayette County as soon as possible following January 1, 1979. One of such additional members shall be appointed for an initial term of office expiring on January 1, 1981, and one of such additional members shall be appointed for an initial term of office ending on January 1, 1983. Subsequent terms of office for all members shall be for six years and until their respective successors are duly appointed and qualified. Members shall be eligible for reappointment. Members shall serve until their successors are duly appointed and qualified and may be removed from office by the Board of Commissioners of Fayette County only for misconduct or moving their residence from the county. Vacancies shall be filled for the unexpired term by the Board of Commissioners of Fayette County. No vacancy shall impair the power of the Authority to act. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. 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 number of members of the Fayette County Industrial Building Authority and to change the method of appointing members of 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.

"GA1978.1.2341">

CHATHAM COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 105 (House Resolution No. 653-1828). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the compensation of the members of the Board of Education of Chatham County may be changed by local law without the necessity of a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end of subsection (b) the following new paragraph: Any other provision of this Constitution to the contrary notwithstanding, the compensation of the members of the Board of Education of Chatham County may be changed by local law without the necessity of a referendum. 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 compensation of the members of the Board of Education of Chatham County may be changed by local law without the necessity of a referendum?

"GA1978.1.2342">

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. WALKER COUNTYCIVIL JURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 106 (House Resolution No. 650-1826). A RESOLUTION Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Walker 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 Walker County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $500.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law.

"GA1978.1.2343">

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 dollar amount of civil cases over which the Justices of the Peace in Walker County shall have jurisdiction from $200.00 to $500.00? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons 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. CARROLL COUNTYCIVIL SERVICE SYSTEM. Proposed Amendment to the Constitution. No. 107 (House Resolution No. 645-1791). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Carroll County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2344">

Be it resolved by the General Assembly of Georgia: Section 1 . Article IX, Section V, Paragraph I of the Constitution of 1976 is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by law for a Civil Service System of Carroll County for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Carroll County. 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 General Assembly to provide by law for a civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Carroll 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.

"GA1978.1.2345">

MONROE COUNTYPOWERS OF GRAND JURY. Proposed Amendment to the Constitution. No. 108 (House Resolution No. 642-1790). A RESOLUTION Proposing an amendment to the Constitution so as to provide that in Monroe County the grand jury shall be authorized to arbitrate and resolve certain disputes relating to certain county matters as the General Assembly by local law may provide; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof a new Paragraph to read as follows: Notwithstanding any other provisions of this Constitution to the contrary, in Monroe County the grand jury is authorized to arbitrate and resolve certain disputes relating to certain county matters, as the General Assembly by local law may provide. 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 in Monroe County the grand jury shall be authorized to arbitrate and resolve certain disputes relating to certain county matters, as the General Assembly by local law may provide? 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.

"GA1978.1.2346">

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. POLK COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 109 (House Resolution No. 629-1752). A RESOLUTION Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Polk 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 Polk 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 of 1976.

"GA1978.1.2347">

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 Polk County 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. CITY OF NEWNANPOWERS OF BOARD OF WATER, SEWERAGE AND LIGHT COMMISSIONERS. Proposed Amendment to the Constitution. No. 110 (House Resolution No. 576-1662). A RESOLUTION Proposing an amendment to the Constitution so as to clarify and limit the powers of the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the operational governing authority for the utility systems of the City of Newnan; to provide for submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2348">

Be it resolved by the General Assembly of Georgia: Section 1. The Constitution, as amended, is hereby amended by adding to the sentence added to Article VII, Section VII, Paragraph V of the Constitution of 1945 by Ga. Laws 1974,p. 1700 (ratified November 5, 1974), and continued as a part of the Constitution of 1976, the following: Provided that nothing in the next preceding sentence shall be construed so as to empower said Board of Water, Sewerage and Light Commissioners of the City of Newnan to discontinue utility services to the City of Newnan or charge said City of Newnan any fee therefor, to take title to and hold real property in its name, or to set the salaries of the persons serving as commissioners on said board., so that when so amended the said sentence shall read as follows: Notwithstanding anything in this paragraph to the contrary, the Board of Water, Sewerage and Light Commissioners of the City of Newnan shall have complete and sole control and management of the water, sewerage and light works of the City of Newnan independent of the mayor and board of aldermen of said city; shall have the power and authority to make and enter into contracts, shall have the power and authority to charge the citizens of Newnan, and all other persons, firms, corporations or governmental or other entities, such sums as they may deem just and proper for the use of said utilities; shall have power and authority to make all rules and regulations as in their discretion are necessary or proper for the management and control of the water, sewerage and lights of said City of Newnan; shall have power to enforce said rules and regulations by refusing to supply, or to discontinue the supply to any person, firm, corporation, or government or other entity who fails or refuses to comply with said rules and regulations; and shall have the power and authority to perform all acts that may in the opinion of said board be necessary or proper for the operation and maintenance of said utility systems. Provided that nothing in the next preceding sentence shall be construed so as to empower said Board of Water, Sewerage and Light Commissioners of the City of Newnan to discontinue utility services to the City of Newnan or charge said City of Newnan any fee therefor, to take title to and hold real property in its name, or to set the salaries of the persons serving as commissioner on said board.

"GA1978.1.2349">

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 prohibit the Board of Water, Sewerage and Light Commissioners of the City of Newnan from discontinuing services to the City of Newnan or charging any fees for said services, from taking title to and holding real property in its name, and from setting the salaries of the individuals serving as commissioners on said board? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DeKALB COUNTYHOMESTEAD DEFINED. Proposed Amendment to the Constitution. No. 111 (House Resolution No. 555-1586). A RESOLUTION Proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term homestead as that term is used for purposes of determining certain exemptions from certain taxation in DeKalb County; to provide for submission

"GA1978.1.2350">

of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding, the term `homestead,' as such term is used for purposes of determining eligibility for homestead exemption from local county, city and school taxes in DeKalb County, shall include, but not be limited to, a claimant holding under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation, which holds property, either as owner or under a ninety-nine year lease. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 extend homestead exemptions from local property taxes to owner occupants of nonprofit cooperative housing corporations in DeKalb 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.

"GA1978.1.2351">

CHATHAM COUNTY AND THE CITY OF SAVANNAH SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 112 (House Resolution No. 549-1580). A RESOLUTION Proposing an amendment to the Constitution so as to exempt the independent school system of Chatham County and the City of Savannah from the Paragraph of the Constitution providing that the Constitution shall not affect school systems established prior to the adoption of the Constitution of 1877 and to provide that such school system shall be deemed to be a county school system within the meaning of the Constitution and general laws of this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph VII of the Constitution is hereby amended by adding at the end thereof a new sentence to read as follows: This Paragraph shall not be applicable to the independent school system of Chatham County and the City of Savannah, and such school system shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this State, but any heretofore existing local law relative to such school system which is now in effect shall continue in effect until changed, superseded or repealed by an Act of 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:

"GA1978.1.2352">

[] YES [] NO Shall the Constitution be amended so as to exempt the independent school system of Chatham County and the City of Savannah from the Paragraph of the Constitution providing that the Constitution shall not affect school systems established prior to the adoption of the Constitution of 1877 and to provide that such school system shall be deemed to be a county school system within the meaning of the Constitution and general laws of this State? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. LANIER COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 113 (House Resolution No. 546-1545). A RESOLUTION Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Lanier 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:

"GA1978.1.2353">

Notwithstanding any other provisions of this Constitution to the contrary, justices of the peace in Lanier 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 $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 Lanier 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. 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.

"GA1978.1.2354">

CITY OF CLARKESVILLEHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 114 (House Resolution No. 545-1545). A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of Clarkesville who are 65 years of age or older shall be granted an exemption of not more than $10,000.00 as fixed by the mayor and council from time to time on their homestead from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Clarkesville who is 65 years of age or over is hereby granted an exemption of not more than $10,000.00 as fixed by the mayor and council from time to time on his homestead from all ad valorem taxation by the City of Clarkesville as long as any such resident of the City of Clarkesville actually occupies said homestead as his residence. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Clarkesville. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Clarkesville, or with a person designated by the governing authority of the City of Clarkesville, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Clarkesville, or the person designated by the governing authority of the City of Clarkesville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Clarkesville, or the person designated by the said governing authority, shall provide for the proper administration of this exemption. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1978.

"GA1978.1.2355">

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 residents of the City of Clarkesville who are 65 years of age or older shall be granted an exemption of not more than $10,000.00 as fixed by the mayor and council from time to time on their homestead from all ad valorem taxation? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. RICHMOND COUNTYGARBAGE DISPOSAL. Proposed Amendment to the Constitution. No. 115 (House Resolution No. 543-1532). A RESOLUTION Proposing an amendment to the Constitution of the State of Georgia so as to authorize Richmond County to acquire, construct, equip, maintain and operate incinerators, garbage and refuse facilities, to prescribe and revise rates and to collect fees, tolls and charges for the use thereof, to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations,

"GA1978.1.2356">

private corporations, and private persons for the use thereof, and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping such incinerator, garbage and refuse facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The Constitution is hereby amended by adding at the end of Article IX, Section VIII, Paragraph I, the following: Anything in this Constitution to the contrary notwithstanding, Richmond County, Georgia, is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities of every kind and character and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to contract with other political subdivisions or public corporations and private corporations and persons for the use thereof and to accomplish the foregoing is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping incinerator, garbage and refuse facilities, including, but not limited to, all buildings, structures and equipment useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, and paying all expenses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et seq.), amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq.), as amended, and when so validated thereunder shall be forever incontestable and conclusive in every respect. Section 2. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amendment. Section 3. 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.

"GA1978.1.2357">

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 Richmond County to acquire, construct, add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF MACONHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 116 (House Resolution No. 530-1520). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Macon to grant to each person who is 65 years of age or over an exemption from all ad valorem taxes levied by the City of Macon in an amount not to exceed $2,000.00 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, from all sources, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes; to provide for the submission

"GA1978.1.2358">

of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof, the following: The governing authority of the City of Macon is hereby authorized to grant to each person who is 65 years of age or over an exemption from all ad valorem taxes levied by the City of Macon in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or his agent, files an affidavit with the governing authority of the city, 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 governing authority to make a determination as to whether such owner is entitled to such exemption. The governing authority shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemptions, 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

"GA1978.1.2359">

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 governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The governing authority of the City of Macon may provide for the proper administration of this exemption including penalties necessary therefor. 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: [] YES [] NO Shall the Constitution be amended so as to authorize the governing authority of the City of Macon to grant to each person who is 65 years of age or over an exemption from all ad valorem taxes levied by the City of Macon in an amount not to exceed $2,000.00 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, from all sources, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2360">

BIBB COUNTYHOMESTEAD DEFINED. Proposed Amendment to the Constitution. No. 117 (House Resolution No. 485-1380). A RESOLUTION Proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term homestead as that term is used for purposes of determining certain exemptions from certain taxation in Bibb County; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding, the term `homestead', as such term is used for purposes of determining eligibility for homestead exemption from local county, city and school taxes in Bibb County, shall include, but not be limited to, a claimant holding under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation, which holds property, either as owner or under a ninety-nine year lease. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 extend homestead exemptions from local property taxes to owner occupants of nonprofit cooperative housing corporations in Bibb County?

"GA1978.1.2361">

All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GWINNETT COUNTYCOMPENSATION OF MEMBERS OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 118 (House Resolution No. 471-1337). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the amount of compensation and expenses to be paid to members of the Gwinnett County Board of Education without the necessity of such local law being approved in a referendum election; 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(b) of the Constitution of Georgia of 1976 is hereby amended by adding at the end thereof, the following: The provisions of Paragraph II(b) to the contrary notwithstanding, the General Assembly may by local law provide for the compensation and expenses of the members of the Board of Education of Gwinnett County. Such local law need not be conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. 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.

"GA1978.1.2362">

The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the amount of compensation and expenses to be paid to members of the Gwinnett County Board of Education without the necessity of such local law being approved in a referendum election? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GWINNETT COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 119 (House Resolution No. 455-1312). A RESOLUTION Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which Justices of the Peace of Gwinnett County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2363">

Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section VII, Paragraph II of the Constitution of 1976 is hereby amended by providing at the end thereof the following paragraph: Provided, however, that in Gwinnett County, justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly 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 dollar amount of civil cases over which the Justices of the Peace in Gwinnett County shall have jurisdiction from two hundred dollars to five hundred dollars? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2364">

COBB COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 120 (House Resolution No. 163-686). A RESOLUTION Proposing an amendment to the Constitution so as to provide that all residents of the Cobb County School District who are 62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb County School District 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 paragraph: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the Cobb County School District who is 62 years of age or over is hereby granted an exemption from all Cobb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence within the Cobb County School District. The homestead 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 provide that all residents of the Cobb County School District who are 62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb County School District ad valorem taxes?

"GA1978.1.2365">

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. ELECTIVE FRANCHISE. Proposed Amendment to the Constitution. No. 121 (House Resolution No. 445-1274). A RESOLUTION Proposing an amendment to the Constitution so as to completely revise Article II relating to the elective franchise; 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 is hereby amended by striking Article II in its entirety and substituting in lieu thereof a new Article II to read as follows: ARTICLE II VOTING AND ELECTIONS SECTION I. METHOD OF VOTING; RIGHT TO REGISTER AND VOTE Paragraph I. Method of Voting. Elections by the people shall be by secret ballot and shall be conducted in accordance with procedures provided by law.

"GA1978.1.2366">

Paragraph II. Right to Register and Vote. Every person who is a citizen of the United States and a resident of Georgia as defined by law, at least eighteen years of age, not disenfranchised by this Article, and who meets minimum residency requirements as provided by law shall be entitled to register, and being registered in the manner provided by law, to vote at any election by the people. Paragraph III. Exceptions to Right to Register and Vote. No person may register, remain registered or vote who has been convicted of a felony involving moral turpitude, except upon completion of the sentence, or who has been judicially determined to be mentally incompetent, unless the disability has been removed. SECTION II. GENERAL PROVISIONS Paragraph I. Procedures to be Provided by Law. A method of appeal from the decision to allow or refuse to allow any person to register or vote, and provision for returns of all elections by the people to be made to the Secretary of State shall be provided by law. Paragraph II. Persons Not Eligible to Hold Office. No person who is not a registered voter, or who has been convicted of a felony involving moral turpitude, unless his civil rights have been restored, or who is the holder of public funds illegally, shall be eligible to hold any office or appointment of honor or trust in this State. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law. Paragraph III. Effective Date. This Article shall become effective on July 1, 1979. 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:

"GA1978.1.2367">

[] YES [] NO Shall the Constitution be amended so as to completely revise Article II relating to the elective franchise? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FULTON COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 124 (Senate Resolution No. 311). A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County School District ad valorem taxes for each resident of Fulton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security Act; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2368">

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of 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, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security Act. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are 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 or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act. 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 herafter 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

"GA1978.1.2369">

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. It is specifically provided that the homestead exemption provided for herein shall not apply to the one-quarter mill advalorem tax levied by the State, but in all other respects such homestead exemption shall supersede and replace a homestead exemption for residents of Fulton County who are 65 years of age or over or disabled when such homestead exemption has been provided by previously existing provisions of this Constitution relating specifically to residents of Fulton County. The homestead 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 provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County School District ad valorem taxes for each resident of Fulton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such

"GA1978.1.2370">

homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security 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. DeKALB COUNTYFORM OF GOVERNMENT. Proposed Amendment to the Constitution. No. 125 (Senate Resolution No. 323). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the form of government of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb 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 IX, Section II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"GA1978.1.2371">

Any other provision of this Constitution to the contrary notwithstanding, in addition to any powers heretofore possessed by the General Assembly, the General Assembly may provide by law for the form of government of DeKalb County and, in connection therewith, may create or establish the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and may provide for the distribution of such governmental powers among such officers, bodies, branches, departments or agencies in such manner as the General Assembly shall determine. No law enacted pursuant to the authority herein granted shall remove or diminish any power heretofore possessed by DeKalb County, except that no such power heretofore possessed may be exercised in any manner to change the form of government of DeKalb County or to change the distribution of powers among the various officers, bodies, branches, departments or agencies of the DeKalb County government as created or established by law enacted pursuant to the authority herein granted, unless such changes are specifically authorized by such law. Any lay enacted pursuant to the authority herein granted shall provide for an elective governing body of DeKalb County, and if executive powers are separated from legislative powers, the chief executive officer shall be an elective official. The effectiveness of any law adopted pursuant to the authority herein granted shall be conditioned on the approval of a majority of the qualified electors of DeKalb County voting at elections held for such purpose when any such law affects the DeKalb County government in any one or more of the following ways: (a) Changing the number of members, terms of office or the manner of electing the members of the governing body of DeKalb County. (b) Changing the term of office or the method of electing the chief executive officer of DeKalb County. (c) Establishing the powers and duties of the executive or legislative branch of the DeKalb County government. (d) Changing the powers and duties of the executive or legislative branch of the DeKalb County government when such powers and duties have been established by Acts of the General Assembly, pursuant to the authority herein granted.

"GA1978.1.2372">

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 General Assembly to provide by law for the form of government of DeKalb County, which shall include an elective governing body and an elective chief executive officer if legislative and executive powers are separated, and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adoped pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb 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.

"GA1978.1.2373">

CHATHAM COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 126 (Senate Resolution No. 347). A RESOLUTION Proposing an amendment to the Constitution so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each person who is 65 years of age or over or who is totally disabled is hereby granted an exemption from all county ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County 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 may otherwise be provided by the Board of Commissioners of Chatham County, does not exceed an amount to be fixed by the Board of Commissioners of Chatham County for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or his agent, files an affidavit with the Tax Commissioner of Chatham County, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner

"GA1978.1.2374">

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. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The Board of Commissioners of Chatham County may provide by resolution or ordinance for the proper administration of this exemption and shall set the amount of such exemption and any income limitations required to qualify for such exemption by resolution or ordinance. The exemption provided for herein shall apply to all taxable years beginning after the adoption of a resolution or ordinance by the Board of Commissioners of Chatham County providing for such exemption. The amount of such exemption and the qualifications therefor may be changed by the Board of Commissioners of Chatham County by resolution or ordinance and any such change shall be effective and shall apply to all taxable years beginning after the adoption of such resolution or ordinance. The Board of Commissioners of Chatham County shall define the term `totally disabled' by resolution or ordinance. 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 each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead

"GA1978.1.2375">

owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF LITHONIAHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 127 (Senate Resolution No. 359). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Lithonia in an amount of $2,000.00 from all City of Lithonia ad valorem taxes; to provide that residents of the City of Lithonia who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income from certain members of the family, not exceeding $4,000.00 per annum shall be granted an additional homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide procedures in connection with obtaining such exemptions; 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:

"GA1978.1.2376">

Any other provisions of this Constitution to the contrary notwithstanding, the homestead of each resident of the City of Lithonia actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes in an amount of $2,000.00 of its value. In addition to the $2,000.00 homestead exemption provided for above, each resident of the City of Lithonia who is 65 years of age or older or who is totally disabled is hereby granted an exemption from all ad valorem taxes in the amount of $2,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The homestead exemptions provided for herein shall continue for so long as any such resident of the City of Lithonia actually occupies said homestead as his residence. Provided, however, no homestead exemption from ad valorem taxation by the City of Lithonia shall exceed the sum of $4,000.00. The value of the homestead in excess of the above exempted amount or amounts shall remain subject to ad valorem taxation by the City of Lithonia. No resident shall 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 his 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. No resident who is entitled to the additional exemption as provided for above shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Lithonia, or with the person designated by the governing authority of the City of Lithonia, giving his age and the amount of

"GA1978.1.2377">

income which he receives and such additional information as may be required to enable the governing authority of the City of Lithonia, or the person designated by the governing authority of the City of Lithonia, to make a determination as to whether such owner is entitled to such exemption. In addition, in order to qualify for the exemption for a disabled person provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9 of the Code of Georgia, relative to medical practitioners, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapability is likely to be permanent. 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 exist or may hereafter be amended, shall apply thereto; but after any such person has filed the proper application and certificates as provided above and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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 provide for a homestead exemption for resident homeowners of the City of Lithonia in an amount of $2,000.00 and to provide an additional homestead exemption in the amount of $2,000.00 for persons who are 65 years of age or older or who are totally disabled and who

"GA1978.1.2378">

have a net income not exceeding $4,000.00 for the immediately preceeding taxable year? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DeKALB COUNTYAD VALOREM TAX EXEMPTIONS. Proposed Amendment to the Constitution. No. 128 (House Resolution No. 49-217). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements to real property in DeKalb County; to limit the amount and duration of such exemption; 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 after the penultimate subparagraph thereof a new subparagraph to read as follows: The value of improvements made to buildings, structures or portions thereof in DeKalb County by the owner is hereby exempted from ad valorem property taxes levied by DeKalb County and the

"GA1978.1.2379">

DeKalb County School System. Said exemption shall not exceed 40% of the fair market value of the building, structure or portion thereof, as it existed prior to the improvement, exclusive of the value of the land on which it is situated, and the duration of said exemption shall be two years from the date the improvement is made. The term `improvements' shall not include furniture, fixtures, equipment or machinery. Said exemption shall be in addition to all other exemptions provided by law. Said exemption shall begin in the tax year in which any such improvement meets the county inspection requirements. The provisions of this subparagraph shall be implemented and terminated at the discretion of the governing authority of DeKalb County; however, when terminated, any such exemption which has been established shall continue until the two-year exemption period expired. 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 governing authority of DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements made to real property, subject to certain limitations? 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.

"GA1978.1.2380">

DeKALB COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 129 (House Resolution No. 239-908). A RESOLUTION Proposing an amendment to the Constitution so as to increase the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed twelve hundred fifty dollars; 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 of Georgia of 1976 is hereby amended by adding at the end thereof the following paragraph: Provided, however, that in DeKalb County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and the General Assembly is hereby authorized to increase from time to time, by local law, such jurisdiction as to principal sum to an amount not to exceed twelve hundred fifty dollars. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to the political subdivision affected, notwithstanding the provisions of any conflicting general 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.

"GA1978.1.2381">

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 maximum dollars amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed twelve hundred fifty 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. AD VALOREM TAX ON INTANGIBLE PROPERTY. Proposed Amendment to the Constitution. No. 130 (House Resolution No. 30-129). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from the return of, or payment of the ad valorem tax on, certain intangible personal property under certain circumstances; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2382">

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 immediately preceding the last paragraph thereof the following: Subject to the conditions and limitations provided by law, a taxpayer may be exempted from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax. 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 General Assembly to exempt from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax? 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.

"GA1978.1.2383">

FULTON COUNTYRETIREMENT AND PENSION BENEFITS. Proposed Amendment to the Constitution. No. 131 (House Resolution No. 40-178). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: Any other provision of this Constitution to the contrary notwithstanding, the governing authority of Fulton County is hereby authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County. The governing authority of Fulton County is hereby authorized to appropriate county funds for the purpose of increasing such retirement or pension benefits, and no such increase in benefits shall be paid from the Fulton County Teachers' Retirement Fund but shall be paid instead from the general funds of Fulton County. In the event a constitutional amendment completely revising Article X, relating to retirement systems and educational scholarships, is ratified at the 1978 general election, then this paragraph shall be null and void and shall not become a part of the Constitution.

"GA1978.1.2384">

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 governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2385">

AD VALOREM TAX ON CERTAIN LIVESTOCK. Proposed Amendment to the Constitution. No. 132 (House Resolution No. 85-370). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt swine, bovines, and horses from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly may exempt all swine, bovines, and horses from all ad valorem taxation. 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 General Assembly to exempt swine, bovines (cattle), and horses from all ad valorem taxation? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2386">

COUNTIES AND MUNICIPALITIESREDEVELOPMENT POWERS. Proposed Amendment to the Constitution. No. 133 (House Resolution No. 162-686). A RESOLUTION Proposing an amendment to the Constitution to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph V to read as follows: Paragraph V. Additional Redevelopment Powers. (a) It is the purpose of this Paragraph to authorize the General Assembly to grant additional powers to counties or municipalities or both in order for such counties, within the unincorporated areas thereof, or such municipalities within their corporate limits, to maintain and establish more effective redevelopment programs. (b) Subject to such procedures, requirements and limitations as may be provided by such law, including, but not limited to, defining the terms `redevelopment,' `redevelopment program,' and `redevelopment area,' the General Assembly, only by general law, is hereby authorized to grant to counties or municipalities or both any one or more of the following powers:

"GA1978.1.2387">

(1) The power to grant exemptions from State, county or municipal ad valorem taxation on property located within a redevelopment area or to provide tax incentives affecting such taxation, or the rate thereof, on property located within a redevelopment area. Any such tax exemptions or tax incentives may apply to ad valorem taxation for educational purposes but only with the consent of the county board of education, or, in the case of an independent school system, with the consent of the fiscal authority responsible for setting the ad valorem tax rate for educational purposes, whose ad valorem tax for educational purposes would be affected by such tax exemptions or tax incentives. (2) The power to issue tax allocation bonds as a method of financing, in whole or in part, the costs of a redevelopment project. Tax allocation bonds are bonds issued on the basis of pledging increased ad valorem tax revenues or projected increased ad valorem tax revenues resulting from a redevelopment project or a projected redevelopment project for the repayment of such bonds. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section VII of this Constitution. The repayment of tax allocation bonds shall not affect ad valorem taxation for educational purposes unless the issuance of such bonds is approved by the county board of education or appropriate fiscal authority of an independent school system as provided in subparagraph (1) hereof relative to tax exemptions or tax incentives. (3) The power to use, pledge or assign lease contracts or the revenue received from lease contracts on property owned by a county or municipality within a redevelopment area as security to obtain financing for redevelopment projects. In granting the authority provided by this subparagraph to counties or municipalities, the General Assembly may provide that any obligations incurred pursuant to such authority shall not constitute debt within the meaning of Article IX, Section VII of this Constitution. (4) The power to enter into contracts with private persons, firms or corporations for redevelopment purposes.

"GA1978.1.2388">

(5) The power to create public corporations or to designate existing public corporations to serve as redevelopment agencies on behalf of counties or municipalities. (c) In order to assist counties or municipalities, or both, in providing more effective redevelopment programs, the General Assembly is hereby authorized to create a State public corporation for the purpose of providing financial aid to such political subdivisions or to the public corporations created or designated as redevelopment agencies of such political subdivisions. The General Assembly may authorize any such State public corporation to enter into contracts with such political subdivisions or with the public corporations created or designated as redevelopment agencies of such political subdivisions as a method of providing financial assistance for redevelopment purposes. Any such State public corporation may be created to have the same status as a State authority created and activated prior to November 8, 1960, within the meaning of Article VII, Section III of this Constitution. (d) No law enacted pursuant to the authority of this Paragraph shall authorize a municipality to take any action affecting county or county school district taxation or authorize a county to take any action affecting municipal taxation, including municipal taxation for educational purposes for those municipalities having an independent school system. (e) The authority provided for the General Assembly by this Paragraph is hereby declared to be cumulative of any powers heretofore possessed 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 authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto?

"GA1978.1.2389">

All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DeKALB COUNTY SCHOOL DISTRICTHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 134 (House Resolution No. 436-1274). A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"GA1978.1.2390">

Any other provisions of this Constitution to the contrary notwithstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is hereby granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his 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 and all other members of his family who also reside at and occupy 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. 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 resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead 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.

"GA1978.1.2391">

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 resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. 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 provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross imcome of his spouse and all members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence? 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.

"GA1978.1.2392">

NONPROFIT BINGO GAMES. Proposed Amendment to the Constitution. No. 135 (House Resolution No. 444-1274). A RESOLUTION Proposing an amendment to the Constitution to amend the provisions relating to nonprofit bingo games so as to authorize the General Assembly to legalize, define, and regulate the operation of nonprofit bingo games; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article I, Section II, Paragraph XI of the Constitution is hereby amended by striking the following: except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period of $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

"GA1978.1.2393">

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., and inserting in lieu thereof the following: except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this State. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games., so that when so amended, Article I, Section II, Paragraph XI shall read: 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 General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this State. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games. 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 provisions relating to nonprofit bingo games so as to authorize the General Assembly to legalize, define, and regulate nonprofit bingo games? 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.

"GA1978.1.2394">

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. RECALL ELECTIONS OF PUBLIC OFFICIALS. Proposed Amendment to the Constitution. No. 136 (House Resolution No. 478-1349). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the recall of public officials who hold elective office; to repeal Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, which proposed an amendment to the Constitution providing for the recall of officials; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article I 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 . The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds and all other matters relative to such recall shall be provided for in such law. On the date any such law becomes effective, all local laws relative to recall shall stand repealed, and no local law relative to recall shall be enacted after such date.

"GA1978.1.2395">

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 General Assembly to provide by general law for the recall of 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. Section 3 . Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, proposing an amendment to the Constitution so as to provide for the recall of State, county and municipal public officials who hold elective office, is hereby repealed. EFFECTIVE DATE OF CONSTITUTIONAL AMENDMENTS. Proposed Amendment to the Constitution. No. 137 (House Resolution No. 479-1349). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the effective date of amendments to the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2396">

Be it resolved by the General Assembly of Georgia: Section 1. Article XII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the word itself the words or the resolution proposing the amendment, so that when so amended Paragraph IV shall read as follows: Paragraph IV. Effective date of amendments. Unless the amendment itself or the resolution proposing the amendment shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification. 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 effective date of amendments to the Constitution? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2397">

AD VALOREM TAX EXEMPTION IN CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 138 (House Resolution No. 482-1380). A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain property located within any county 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 which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, county, municipal and school taxation, including such taxation to pay interest on and retire bonded indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: Property located within any county 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 which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth and which is used by such nonprofit corporation primarily for its general headquarters shall be exempted by the General Assembly from all State, county, municipal and school taxation, including such taxation to pay interest on and retire bonded indebtedness, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations or associations to affiliate with such nonprofit corporation. This paragraph shall be effective for all taxable years beginning after December 31, 1978.

"GA1978.1.2398">

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 certain property located within any county 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 which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, county, municipal and school taxation, including such taxation to pay interest on and retire bonded indebtedness? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2399">

HOMESTEAD EXEMPTION FOR CERTAIN DISABLED VETERANS. Proposed Amendment to the Constitution. No. 139 (House Resolution No. 512-1458). A RESOLUTION Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to provide for a homestead exemption for the unremarried widow or minor children of certain disabled veterans; 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 paragraph of Article VII, Section I, Paragraph IV in its entirety and inserting in lieu thereof a new sixth paragraph, to read as follows: Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $25,000.00 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 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 wheelchair, 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. The unremarried widow or minor children of any such disabled veteran, as defined herein, shall also

"GA1978.1.2400">

be entitled to an exemption of $25,000.00 on the homestead so long as the unremarried widow or minor children continue to actually occupy the home 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 exemption granted herein to the veteran, his unremarried widow or minor children shall remain subject to taxation. The State Revenue Commissioner is hereby authorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment to the Constitution is ratified by the electorate. 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: [] YES [] NO Shall the Constitution be amended so as to increase the homestead exemption from $12,500.00 to $25,000.00 for disabled veterans who have been disabled 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 wheelchair, 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 affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair and to provide for a homestead exemption equal to the homestead exemption received by the veteran during his lifetime for his unremarried widow or minor children so long as his unremarried widow or minor children continue to actually occupy the home as a residence and homestead?

"GA1978.1.2401">

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. BUTTS COUNTYHOMESTEAD EXEMPTION FOR SCHOOL TAXES. Proposed Amendment to the Constitution. No. 140 (House Resolution No. 528-1520). A RESOLUTION Proposing an amendment to the Constitution so as to exempt certain homestead property in Butts County from ad valorem taxes levied for school purposes; to provide limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the ultimate paragraph thereof, to read as follows: Any other provisions of this Constitution to the contrary notwithstanding, each resident of Butts County who is 62 years of age or over is hereby granted an exemption from all Butts County school ad valorem taxes on the full value of the homestead owned and occupied by him as a residence of 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 other than any federal old-age survivors or

"GA1978.1.2402">

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. 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. 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 Butts County, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit 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 exempt from Butts County School Taxes the value of a homestead owned by an individual 62 years of age or older and having an income of not more than $8,000.00 exclusive of retirement benefits?

"GA1978.1.2403">

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. COMPENSATION FOR INNOCENT VICTIMS OF CRIME. Proposed Amendment to the Constitution. No. 141 (House Resolution No. 532-1529). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime; 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 VIII, Paragraph XII of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: 9. The General Assembly is hereby authorized to provide by law for compensating innocent victims of crime. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to appropriate

"GA1978.1.2404">

funds to carry out the provisions of any law adopted pursuant to the authority of this paragraph. The General Assembly shall be further authorized to provide for the assessment of additional penalties in any case in which any court in this State shall impose a fine or order the forfeiture of any bond in the nature of the penalty for certain or all offenses against the criminal or traffic laws of this State and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of compensating innocent victims of crime. 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 General Assembly to provide by law for compensating innocent victims of crime and to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime? 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.

"GA1978.1.2405">

PIKE COUNTYAD VALOREM TAX RETURNS. Proposed Amendment to the Constitution. No. 142 (House Resolution No. 550-1580). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding a new paragraph at the end thereof, to read as follows: Subject to such procedures as may be provided by local law, the governing authority of Pike County may require that returns of property for ad valorem taxation in the county be made to the county board of tax assessors or its successor agency. 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 governing authority of Pike County to require that ad valorem tax returns be made to the county board of tax assessors? 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.

"GA1978.1.2406">

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. TAX RETURNS AND PAYMENTS IN CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 143 (House Resolution No. 566-1599). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly by law to require the tax receiver, tax collector, or tax commissioner of any county 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 to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all other consenting municipalities located wholly or partially within such county at no charge to said municipalities; 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 amendment to the Constitution ratified on November 7, 1950, and which is set forth in Ga. Laws 1950, pages 441-442, and which was continued in force and effect by the Constitution of 1976 is hereby amended by striking therefrom the following: Provided, however, that the General Assembly of the State shall have the authority to require or permit the Tax Receiver, Tax Collector, or Tax Commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta, and to permit the retention

"GA1978.1.2407">

of a percentage of such collections as compensation for such services., and substituting in lieu thereof as a paragraph to appear at the end of Article IX, Section I, Paragraph VI of the Constitution the following: The General Assembly is hereby authorized by law to require or permit the tax receiver, tax collector, or tax commissioner of any county 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 to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all consenting municipalities lying wholly or partially within such county at no charge to said municipalities. Any law enacted pursuant to the foregoing authority may also establish uniform filing and due dates for tax purposes within such county, and establish procedures by which the tax receiver, tax collector or tax commissioner of any such county shall bring property lying within any municipality which lies wholly or partially within such county to sale for the purpose of collecting taxes due to said municipalities, whether such property lies within such county or within any other county. 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 General Assembly by law to require the tax receiver, tax collector, or tax commissioner of any county 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 to receive tax returns of and collect taxes due to the largest municipality located wholly or partially within any such county and to any or all other consenting municipalities located wholly or partially within such county at no charge to said municipalities?

"GA1978.1.2408">

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. COUNTY PLANNING IN CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 144 (House Resolution No. 567-1602). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county 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, and applicable to any municipality located wholly or partially within such county, notwithstanding any uniformity provisions otherwise contained in this Constitution; to provide for the preparation and annual updating, by the county governing authority, of a comprehensive plan for all of the unincorporated area of the county; to provide for a countywide framework plan composed of such comprehensive plan and the adopted comprehensive plans of each municipality in such county which has developed and maintained a comprehensive plan; to provide for submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2409">

Be it resolved by the General Assembly of Georgia: Section 1 . Article IX, Section IV, Paragraph II of the Constitution, as amended, is hereby amended by adding a new paragraph at the end thereof to read as follows: Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, the General Assembly shall have the power by general, local or special law applicable to any county 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, and applicable to any municipality located wholly or partially within such county to require the county governing authority of any such county to prepare and annually update a comprehensive plan for all unincorporated portions of such county; and to require the county governing authority to prepare a countywide framework plan which shall serve as a formal mechanism for achieving continuing communication and coordination among the local governments of such county so as to accomplish the coordinated, adjusted, and harmonious physical growth and development within such county. The countywide framework plan shall consist of the adopted comprehensive development plans of each municipality, located wholly or partially within such county, which has developed and maintained a comprehensive development plan. The countywide framework plan shall also include a comprehensive plan prepared by the county governing authority for the unincorporated portion of the county. The goals and objectives of the countywide framework plan shall reflect the policies adopted in the comprehensive plans of the county and municipalities and shall be formulated to advance conditions favorable to health, safety, neighborhood preservation, prosperity, civic activities, recreational opportunities, educational opportunities, and cultural opportunities. The countywide framework plan shall be prepared in accordance with procedures which shall be prescribed by general, special, or local act of the General Assembly. Provided, however, that the General Assembly shall not grant to the governing authority of any such county, any power to make

"GA1978.1.2410">

planning or zoning determinations for areas within the jurisdiction of any incorporated municipality. 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 General Assembly to enact general, local or special laws applicable to any county 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, and applicable to any municipality located wholly or partially within such county, so as to provide for the preparation and annual updating, by such county governing authority, of a comprehensive plan for all of the unincorporated county, and to provide for a countywide framework plan which shall consist of the adopted comprehensive plans of each municipality in such county, which has developed a comprehensive plan along with the comprehensive plan for the unincorporated portion of such 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.

"GA1978.1.2411">

FULTON COUNTYSEVEN MEMBER PLANNING COMMISSION. Proposed Amendment to the Constitution. No. 145 (House Resolution No. 568-1603). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a seven-member Fulton County Planning Commission; to provide for their appointment by the Fulton County Board of Commissioners; to provide guidelines for appointments thereto so that one member, who will be appointed as Chairman of the Fulton County Planning Commission, shall reside anywhere within Fulton County, two members shall be appointed who are residents of north Fulton County, two members shall be appointed who are residents of the City of Atlanta, and two members shall be appointed who are residents of south Fulton County; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article IX, Section IV, Paragraph II of the Constitution, as amended, is hereby amended by adding a new paragraph at the end thereof to read as follows: Notwithstanding any other provision of this Constitution or the general laws of this State, in order for the Fulton County Planning Commission to reflect the diversity of Fulton County, the Fulton County Planning Commission shall be composed of seven members appointed by the Fulton County Board of Commissioners in such manner as hereinafter provided. One such appointed member of the Fulton County Planning Commission shall be designated Chairman of the Planning Commission by the Board of Commissioners, and such member may reside anywhere within the boundaries of Fulton County. Of the remaining six members appointed to the Fulton County Planning Commission, two members shall be residents of north Fulton County, two members shall be residents of the City of Atlanta, and two members shall be residents of south Fulton County. For the purpose of this amendment, north Fulton County shall include all portions of Fulton County, whether incorporated or

"GA1978.1.2412">

unincorporated, which are situated north of the Atlanta city limits; south Fulton County shall include all portions of Fulton County, whether incorporated or unincorporated, which are situated south of the Atlanta city limits. 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 seven-member Fulton County Planning Commission; to provide for their appointment by the Fulton County Board of Commissioners; to provide guidelines for their appointment thereto so that one member, who will be appointed Chairman of the Fulton County Planning Commission, shall reside anywhere within Fulton County, two members shall be appointed who are residents of north Fulton County, two members shall be appointed who are residents of the City of Atlanta, and two members shall be appointed who are reidents of south Fulton County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2413">

SANITARY LANDFILLS IN CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 146 (House Resolution No. 569-1605). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincorporated area of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or within any municipality located wholly or partially within any such county, together with the personal property, debts, assets and employees thereof, to such county for operation of said sanitary landfills or garbage disposal systems; to provide that such county shall have full power and authority, within the unincorporated and incorporated regions of the county, to operate sanitary landfills and garbage disposal systems; to provide that no municipality located wholly or partially within any such county may operate a sanitary landfill or garbage disposal system; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincorporated area of any county 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, and all existing municipally owned or operated sanitary landfills or garbage disposal systems within any municipality located wholly or partially within any such county, together with the personal property, debts, assets and employees thereof, are hereby transferred to such county for operation of said sanitary landfills or garbage disposal systems.

"GA1978.1.2414">

After midnight, December 31, 1978, all public sanitary landfills and garbage disposal systems in the unincorporated area of any such county and within all parts of any municipality located wholly or partially within any such county shall be funded, maintained, operated, and continued in existence by such county and no municipality located wholly or partially within any such county may operate a sanitary landfill or garbage disposal system, except as authorized by this amendment. Sanitary landfills and garbage disposal systems within any such county shall be transferred and continued in existence in accordance with procedures which shall be prescribed by local act of 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 transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincorporated area of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, or within any municipality located wholly or partially within any such county, together with the personal property, debts, assets and employees thereof to such county for operation of said sanitary landfills or garbage disposal systems; and to provide that no municipality located wholly or partially within any such county operate a sanitary landfill or garbage disposal system? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

"GA1978.1.2415">

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. UNIFIED MUNICIPAL/COUNTY WATER AND SEWER SYSTEMS IN CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 147 (House Resolution No. 570-1606). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local, or special law to create a unified municipal/county water and sewer system between any county having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and the largest municipality lying wholly or partially therein; to provide for the largest municipality within such county to own, finance, operate and manage the municipal/county water and sewer system on a unified basis throughout such county and in such other areas as may be desirable; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof the following: Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any other general law of this State, the General Assembly shall have the power by general, local, or special law to create a unified municipal/county water and sewer system between any county having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and the largest municipality lying wholly or partially therein. The terms `municipality', `municipal', or `largest municipality' as used in this amendment, shall mean the largest municipality by population according

"GA1978.1.2416">

to the last United States Decennial Census lying wholly or partially within such county, unless a different meaning clearly appears from the context. Without limiting the foregoing, the General Assembly shall have the power to: (1) Require such municipal water and sewer system and the county water and sewer system to be merged and operated as a unified municipal/county water and sewer system. (2) Prohibit the operation of any water or sewer system by such county or such municipality other than the system created pursuant to this amendment. (3) Provide for the lease or transfer of any public property, or the purchase or condemnation of private property, for the operation of the unified municipal/county water and sewer system. (4) Provide for such municipality to own, finance, operate and manage the municipal/county water and sewer system on a unified basis throughout such county and in such other areas as may be desirable. (5) Provide for the manner and method of retirement of bonded indebtedness secured by revenues of any system of any governmental unit joining the system created pursuant to this amendment. (6) Provide the terms and conditions upon which such county, the largest municipality lying wholly or partially within such county, or any other municipality lying wholly or partially within such county shall receive the services of the municipal/county water and sewer system. (7) Provide that the system created pursuant to this amendment shall be deemed to be the water and sewer system of the largest municipality in such county for purposes of existing and new bonded indebtedness of said municipality, and that there shall be no pledge of the credit or any other encumbrance on any other participating municipality whether participating in whole or in part in said system.

"GA1978.1.2417">

(8) Provide the provisions, terms or conditions as necessary to effectuate the purposes of this amendment, subject to the limitations herein contained. (9) Nothing herein contained shall be deemed to compel consolidation of either the water or sewer system in whole or in part of any municipality lying wholly or partially within such county without the consent of the governing authority of such affected municipality, except the water and sewer system of the largest municipality in such county. (10) Notwithstanding anything herein contained to the contrary, each municipality retaining and operating a water or sewage system separate from the unified municipal/county water and sewage system shall retain sole and exclusive control to determine and assess rates, charges and revenues from its separate water or sewer system. 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 General Assembly to create a unified municipal/county water and sewer system between any county having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and the largest municipality lying wholly or partially therein? 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.

"GA1978.1.2418">

LIBRARY FACILITIES AND SERVICES IN CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 148 (House Resolution No. 571-1607). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the transfer of all existing library facilities and services located within any county 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 and within any municipality located wholly or partially within such county, together with the property, debts, assets and employees thereof, to a countywide library service; to designate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding government of the countywide library service; to provide for a library board of trustees who shall administer the countywide library service; to authorize the General Assembly to provide for retention of title to real estate and buildings used for library purposes by certain municipalities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, all existing public library systems, facilities and services located within any county 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 and all library facilities and services located within all parts of any municipality located

"GA1978.1.2419">

wholly or partially within such county, are hereby designated as, and made a part of, a countywide library service. The county shall be the funding government for all library services provided by the countywide library service. After midnight, December 31, 1978, all public library services and facilities in the unincorporated region of any such county and within all parts of any municipality located wholly or partially within any such county shall be maintained, operated, and continued in existence by the countywide library service, and no municipality located wholly or partially within any such county may operate a public library system or facility, except as authorized by this amendment. Responsibility for constructing, operating, and maintaining all library facilities and services within all above-mentioned portions of any such county shall be hereinafter vested in the countywide library service which shall be administered by a library board of trustees. On or before January 1, 1979, all physical facilities, obligations, debts, assets, records, employees, causes of action, rights, and all other personal or real property of every public library located in any such county or in any municipality located wholly or partially within any such county shall be transferred to such county for operation of the countywide library service. The countywide library service shall be established and all transfers made in accordance with procedures which shall be prescribed by local Act of the General Assembly. The composition of the library board of trustees and the manner of appointment thereto shall also be in accordance with procedures which shall be prescribed by local Act of the General Assembly. The General Assembly shall be authorized to provide by law that any municipality other than the largest municipality located wholly or partially within any such county shall retain title to real estate and buildings used for library purposes. 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.

"GA1978.1.2420">

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 transfer of all existing library facilities and services located within any county 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 and within any municipality located wholly or partially within any such county, together with the property, with certain exceptions, debts, assets, and employees thereof, to the countywide library service; to designate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding government of the countywide library service; and to provide for a library board of trustees who shall administer the countywide library service? 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.

"GA1978.1.2421">

TRAFFIC ENGINEERING IN FULTON COUNTY. Proposed Amendment to the Constitution. No. 149 (House Resolution No. 572-1608). A RESOLUTION Proposing an amendment to the Constitution so as to establish a method for providing prompt traffic engineering services, to be performed by the City of Atlanta at cost, in Fulton County and municipalities located wholly or in part within Fulton County; to authorize the governing authority of Fulton County or any municipality located wholly or partially within Fulton County to call on the City of Atlanta to provide traffic engineering services; to require the City of Atlanta to provide a reasonable estimate of the cost of providing the requested traffic engineering services; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Notwithstanding any other provision of this Constitution or the general laws of this State, upon request of the governing authority of Fulton County or the governing authority of any municipality lying wholly or partially within Fulton County, the City of Atlanta shall promptly provide, at cost, traffic engineering services to the county or municipality requesting said services, pursuant to the method provided for herein. If a need for traffic engineering services is ascertained by Fulton County, or any municipality located wholly or partially within Fulton County, such county or municipality may certify such determination to the governing authority of the City of Atlanta, together with a request for a reasonable estimate of the cost, to the City of Atlanta, for furnishing such service to the requesting county or municipality. The City of Atlanta shall then prepare an estimate, the cost of which shall be paid by the requesting county or municipality. Said estimate shall be presented to the governing authority of

"GA1978.1.2422">

the requesting county or municipality within 60 days of the initial request, unless a longer period is consented to by the requesting county or municipality. After receiving such estimate, the governing authority of the requesting county or municipality shall have the right, by resolution, to call upon the City of Atlanta to provide such traffic engineering services at the cost thereof. The resolution shall set forth the manner of payment for said services, such that the City of Atlanta shall not be required, except with its consent, to advance any funds or incur any expense in providing said services. Upon receiving said resolution requesting traffic engineering services and stating the method of payment therefor, the governing authority of the City of Atlanta shall promptly provide said service at cost to said city. 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 establish a method for providing prompt traffic engineering services, to be performed by the City of Atlanta at cost, in Fulton County and municipalities located wholly or partially within Fulton County; to authorize the governing authority of Fulton County or any municipality located wholly or partially within Fulton County to call on the City of Atlanta to provide traffic engineering services; and to require the City of Atlanta to provide a reasonable estimate of the cost of providing the requested traffic engineering services? 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.

"GA1978.1.2423">

FINANCING SERVICESCERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 150 (House Resolution No. 573-1608). A RESOLUTION Proposing an amendment to the Constitution so as to provide that under certain conditions the General Assembly shall be authorized by law to provide requirements relative to the financing of services in 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; to provide that the General Assembly may by law provide for the implementation of such requirements and for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof a new Paragraph to be designated Paragraph IIA and to read as follows: Paragraph IIA. Financing Services Within Certain Counties. Notwithstanding any other provision of this Constitution, the General Assembly shall be authorized by law to prohibit the governing authority of any county 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 from levying and collecting taxes and from expending public funds from taxes to finance, exercise, or perform any service as defined by such law except when such service is provided within a tax service district created pursuant to such law. To this end and without limiting the generality of the foregoing, the General Assembly may by such law provide for any one or more of the following:

"GA1978.1.2424">

1. Define and enumerate governmental services which shall be provided by such counties only within tax service districts. 2. Require such counties to create initial tax service districts following the effective date of such law for the financing and provision of services therein. 3. Provide for the manner and method of creating or modifying tax service districts to be established in addition to or in lieu of initial tax service districts created pursuant to such law. 4. Provide that special districts existing within such counties shall be unaffected by such law until otherwise changed or modified pursuant to such law. 5. Provide that district services provided by such counties within tax service districts created pursuant to such law shall be reasonably uniform throughout such tax service districts. 6. Provide for the taxation and allocation of costs of financing services provided within tax service districts and provide for advalorem tax millage rate limitations within such tax service districts. 7. Provide for the method of retirement of indebtedness of such counties outstanding on the effective date of such law and for the creation and retirement of indebtedness incurred by such counties after the effective date of such law, including the debt limitation applicable to such counties. 8. Provide that the rate and manner of taxation may vary in any tax service district created pursuant to such law from that in the total area of such counties or from that in another tax service district. 9. Provide any other provisions, terms, or conditions as necessary to effectuate the purposes of this Paragraph. The authority granted herein shall not authorize the General Assembly to create or authorize the governing authority of a county subject to the provisions of this Paragraph to create a tax service district within the boundaries, or any portion of the boundaries, of

"GA1978.1.2425">

any municipality located wholly or partially within such county, unless the creation of such tax service district is with the approval of the governing authority of such municipality. The provisions of this Paragraph are hereby declared to be cumulative and supplemental to any powers heretofore possessed by the General Assembly and not in lieu of such powers. Except for annexation of territory by municipalities pursuant to methods provided for annexation by certain Acts of the General Assembly of Georgia approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended, and an Act approved March 20, 1970 (Ga. Laws 1970, p. 426), as amended, this Paragraph shall be null and void unless there is in effect on and after January 1, 1979, a statute that prohibits annexation of any area larger than 40 acres or having more than 50 residents without a referendum to any municipality lying wholly or partially within 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. 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 under certain conditions the General Assembly shall be authorized by law to provide requirements relative to the financing of services by 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 and for other matters relative thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. 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.

"GA1978.1.2426">

FULTON COUNTYBRANCH OFFICES FOR CONDUCTING COUNTY BUSINESS. Proposed Amendment to the Constitution. No. 151 (House Resolution No. 574-1662). A RESOLUTION Proposing an amendment to the Constitution so as to provide that in Fulton County, in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the Board of Education for the conduct of matters pertaining to education; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provisions of this Constitution, in Fulton County in addition to the county seat at which shall be located the principal offices and permanent records of all county officers, not more than two branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing authority of the county, and branch offices for the conduct of educational matters may be established elsewhere in the county by resolution of the Board of Education of Fulton County. The governing authority and the Board of Education shall be authorized to take official action at such branch offices. 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.

"GA1978.1.2427">

The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide that in Fulton County in addition to the county seat, not more than two branch offices may be established by the governing authority of the county for the conduct of county business and by the Board of Education for the conduct of matters pertaining to education? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CONSTITUTIONAL AMENDMENTS. Proposed Amendment to the Constitution. No. 152 (House Resolution No. 586-1710). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the publication of a summary of each proposed general amendment to the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2428">

Be it resolved by the General Assembly of Georgia: Section 1. Article XII, Section I, Paragraph I of the Constitution is hereby amended by striking the second paragraph which reads as follows: 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., and inserting in lieu thereof the following: The Attorney General, the Legislative Counsel and the Secretary of State shall 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, a summary of such proposal shall be published in the official organ of each county and, if deemed advisable by the `Constitutional Amendments Publication Board', in not more than 20 other newspapers in the State which meet the qualifications for being selected as the official organ of a county. Said Board shall be composed of the Governor, the Lieutenant Governor and the Speaker of the House of Representatives and shall designate the additional newspapers, if any, in which such summary shall be published. The summary shall be prepared by the Attorney General, the Legislative Counsel and the Secretary of State. Such summary shall be published once each week for three

"GA1978.1.2429">

consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. A copy of the entire proposed amendment shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection. If such proposed amendment is not general, it shall be published 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 any newspaper with a paid circulation which exceeds that of the official organ or in the official organ of each county in which the directly affected political subdivision or subdivisions are located. The Constitutional Amendments Publication Board shall designate whether the official organ or another newspaper shall be selected for such publication. A proposal for a new Constitution shall be published in the same manner as a proposed general amendment. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions 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: [] YES [] NO shall the Constitution be amended so as to provide for the publication of a summary of each proposed general amendment to the Constitution? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2430">

CITY OF ROSWELLHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 153 (House Resolution No. 587-1710). A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of Roswell who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Roswell who is 65 years of age or over is hereby granted an exemption of $2,000.00 on his or her homestead from all ad valorem taxation by the City of Roswell so long as any such resident of the City of Roswell actually occupies said homestead as his residence. There shall be no more than one $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Roswell. 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 Roswell, or with a person designated by the governing authority of the City of Roswell, giving his age and any additional information as may be required to enable the governing authority of the City of Roswell, or the person designated by the governing authority of the City of Roswell, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Roswell, 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.

"GA1978.1.2431">

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 residents of the City of Roswell who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PAULDING COUNTYCIVIL SERVICE SYSTEM. Proposed Amendment to the Constitution. No. 154 (House Resolution No. 590-1718). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to create a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2432">

Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by law for the creation of a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County. 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 General Assembly to provide by law for the creation of a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding 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.

"GA1978.1.2433">

PROCESSING OF CLAIMS AGAINST THE STATE NOT IN EXCESS OF $500.00 Proposed Amendment to the Constitution. No. 155 (House Resolution No. 615-1748). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00; 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 VI, Section V, Paragraph I of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: The General Assembly is hereby authorized to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but the General Assembly is hereby authorized to provide for the waiver or qualification of such immunity in such law. The General Assembly is hereby authorized to provide in such law for all matters relative to the provisions 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: [] YES [] NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00?

"GA1978.1.2434">

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. WAYNE COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 156 (House Resolution No. 632-1756). A RESOLUTION Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Wayne 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 Wayne 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 $2,000.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law.

"GA1978.1.2435">

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 dollar amount of civil cases over which the Justices of the Peace in Wayne County shall have jurisdiction from $200.00 to $2,000.00? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HEALTH INSURANCE FOR RETIRED PUBLIC SCHOOL TEACHERS. Proposed Amendment to the Constitution. No. 157 (House Resolution No. 638-1777). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers; to authorize the General Assembly to appropriate funds for the administration of the plan and to finance the employer contributions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2436">

Be it resolved by the General Assembly of Georgia: Section 1. Article III, Section VIII, Paragraph XII of the Constitution of 1976 is hereby amended by adding a new paragraph 9. at the end thereof to read as follows: 9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a health insurance plan for retired public school teachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons. 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 General Assembly to provide by law for a health insurance plan for retired public school teachers and to further authorize the General Assembly to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons? 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.

"GA1978.1.2437">

INDEMNIFICATION WITH RESPECT TO DEATH OF LAW ENFORCEMENT OFFICERS, FIREMEN AND PRISON GUARDS. Proposed Amendment to the Constitution. No. 158 (House Resolution No. 656-1834). A RESOLUTION Proposing an amendment to the Constitution so as to provide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty; 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 VIII, Paragraph XII of the Constitution is hereby amended by striking paragraph 7. in its entirety and inserting in lieu thereof a new paragraph 7. to read as follows: 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, to provide for insurance, to provide for a continuing fund or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions 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.

"GA1978.1.2438">

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 funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty? 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. BANKS COUNTYHOMESTEAD EXEMPTION FOR TAX PURPOSES. Proposed Amendment to the Constitution. No. 159 (House Resolution No. 657-1835). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Banks County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2439">

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each resident of Banks County who is 65 years of age or over is hereby granted an exemption from all Banks County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Banks County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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 provide that each resident of Banks County who

"GA1978.1.2440">

is 65 years of age or over shall be granted an exemption from all Banks County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence? 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. STEPHENS COUNTYHOMESTEAD EXEMPTION FOR TAX PURPOSES. Proposed Amendment to the Constitution. No. 160 (House Resolution No. 658-1835). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Stephens County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each resident of Stephens County who is 65 years of age or over is hereby granted an exemption from all Stephens County ad valorem taxes, including taxes for education, in the amount of

"GA1978.1.2441">

$8,000.00 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Stephens County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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 provide that each resident of Stephens County who is 65 years of age or over shall be granted an exemption from all Stephens County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence?

"GA1978.1.2442">

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. WHITE COUNTYHOMESTEAD EXEMPTION FOR TAX PURPOSES. Proposed Amendment to the Constitution. No. 161 (House Resolution No. 661-1850). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of White County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each resident of White County who is 65 years of age or over is hereby granted an exemption from all White County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of White County, giving his age and such additional information relative to receiving

"GA1978.1.2443">

the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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 provide that each resident of White County who is 65 years of age or over shall be granted an exemption from all White County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence? 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.

"GA1978.1.2444">

HABERSHAM COUNTYHOMESTEAD EXEMPTION FOR TAX PURPOSES. Proposed Amendment to the Constitution. No. 162 (House Resolution No. 662-1850). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Habersham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each resident of Habersham County who is 65 years of age or over is hereby granted an exemption from all Habersham County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Habersham County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed

"GA1978.1.2445">

the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 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 provide that each resident of Habersham County who is 65 years of age or over shall be granted an exemption from all Habersham County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence? 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.

"GA1978.1.2446">

LOWNDES COUNTYSTREET IMPROVEMENTS, ETC. IN UNINCORPORATED AREAS. Proposed Amendment to the Constitution. No. 163 (House Resolution No. 669-1867). A RESOLUTION Proposing an amendment to the Constitution so as to authorize Lowndes County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, streetlights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of abutting property owners owning not less than two-thirds of the front footage of the abutting property to be improved; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section I, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following: Within the unincorporated areas of Lowndes County the Board of Commissioners of Lowndes County, as the governing authority of said county, shall have full power and authority to construct, pave, maintain and otherwise improve public streets, roadways, curbing, guttering, drainage, streetlights and sidewalks, and to assess all or a portion of the cost of such construction, pavement, maintenance or improvement against the abutting property owners thereof; provided, however, abutting property owners owning not less than two-thirds of the front footage of the abutting property to be improved must agree to such assessment before said governing authority shall have authority to assess said abutting property owners for the costs of such improvements. If said abutting property owners approve such assessments as herein provided, said governing authority may provide for the issuance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property. In all such cases, however, the cost shall be determined and assessed under uniform rules and regulations

"GA1978.1.2447">

as adopted from time to time by the governing authority of Lowndes County and applied uniformly to all roads, streets, sidewalks, curbing, guttering, drainage, streetlights and properties of the same class, and similarly situated, and further provided that such rules and regulations as initially adopted may be changed, rescinded, modified, and amended from time to time by the governing authority of Lowndes County with the effective date of any such change, rescission, modification or amendment being at least thirty (30) days after publication of notice of such change, rescission, modification or amendment one time in the newspaper in which sheriffs' advertisements are published in Lowndes County. 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 Lowndes County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, streetlights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of abutting property owners owning not less than two-thirds of the front footage of the abutting property to be improved? 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.

"GA1978.1.2448">

CITY OF SAVANNAH-CHATHAM COUNTYHOMESTEAD EXEMPTION FOR SCHOOL TAX PURPOSES. Proposed Amendment to the Constitution. No. 164 (House Resolution No. 672-1888). A RESOLUTION Proposing an amendment to the Constitution so as to provide for an exemption, from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in a specified amount of the assessed value of the homestead of each resident of Chatham County who is sixty-two 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 his family residing within the homestead, exceeding $10,000; to provide for all matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Each resident of Chatham County who is 62 years of age or over and who does not have an annual income from all sources, including the income from all sources of all members of his family residing within the homestead, exceeding $10,000 is hereby granted an exemption, from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in the amount of $12,000 of the assessed value of his homestead. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Chatham County Tax Commissioner on a form provided by the tax commissioner for that purpose which shall state the owner's age, the amount of income he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for the same period, and such other additional information as may be reasonably required by the tax commissioner. The exemption granted by this

"GA1978.1.2449">

paragraph shall apply to those properties to which the legal title is vested in one or more title holders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this paragraph. Such exemption shall also apply to those homesteads to which the title is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein. The exemption provided for by this paragraph 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 exempt from, ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, $12,000 of the assessed value of the homestead of each resident of Chatham County who is sixty-two 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 his family residing within the homestead, exceeding $10,000? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2450">

ROCKDALE COUNTYRECALL ELECTIONS. Proposed Amendment to the Constitution. No. 165 (House Resolution No. 673-1888). A RESOLUTION Proposing an amendment to the Constitution, so as to provide for the recall of elected officials of Rockdale County and of municipalities within Rockdale County; to provide for petitions; to provide for the conduct of such recall elections; to provide for practices, procedures and requirements in connection with such recall elections; to provide for the filling of vacancies; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article I, Section III of the Constitution is hereby amended by adding at the end thereof the following: Notwithstanding any other provisions of this Constitution, the elected public officials of Rockdale County and of each municipality within Rockdale County shall be subject to recall at any time after their election upon petition in writing. The petition for such recall election shall be signed by not less than 30 percent of the registered voters of the county, or municipality in case of municipal officers, or, if such official is elected from a district or ward, of said district or ward, who are registered to vote on the date the notice required by this paragraph is given to the election superintendent of the political subdivision involved. The persons sponsoring such petition shall be electors of the particular political subdivision concerned and shall address such petition to the election superintendent of the political subdivision involved, petitioning him to call for a special election to submit the question of whether any such elected official shall be recalled. Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted to the election superintendent of the political subdivision involved with a notice that a petition is to be circulated seeking signatures for a special election for the recall of an elected official. Each petition shall contain sufficient space so that each elector who signs the petition

"GA1978.1.2451">

shall enter immediately to the right of his signature his printed name, date and address. Each petition shall contain the affidavit of the person who has obtained the signatures on the petition to the effect that to the best of his knowledge and belief all of the signatures appearing on the particular petition are valid signatures of electors of the political subdivision concerned. The petition shall be submitted to the election superintendent of the political subdivision involved with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the election superintendent of the political subdivision involved. If such petition is not submitted within the 45-day time limit it shall be void and of no force or effect. Upon submission of the petition to the election superintendent of the political subdivision involved it shall be the duty of the election superintendent to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by the election superintendent within 15 days following the date on which the petition is submitted to the election superintendent. In the event he determines that the petition is in order, it shall be the duty of the election superintendent of the political subdivision involved to issue the call for an election and such call shall be issued within 10 days following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45 days following the issuance of the call. It shall be his further duty to publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof in the official organ of the county in which the sheriff's advertisements appear. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following: [] YES [] NO Shall (name of officeholder), (name of office) be recalled and removed from office? Those persons desiring to vote in favor of recall shall vote `Yes,' and those desiring to vote against recall shall vote `No.' If a majority of those voting in such election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall the member

"GA1978.1.2452">

shall remain in office. It shall be the duty of the election superintendent to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures or if a majority of those voting in the recall election vote against recall no new petition shall be presented to the election superintendent of the political subdivision involved within one year from the date of the submission of the previous petition. Vacancies created by recall shall be filled in the same manner as other vacancies. Any person who is recalled from office under the provisions of this Section shall be eligible to fill the vacancy created by such recall. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 elected officials of Rockdale County and of municipalities within Rockdale 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.

"GA1978.1.2453">

HOUSTON COUNTYARBITRATION BOARD. Proposed Amendment to the Constitution. No. 166 (House Resolution No. 674-1888). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a Board of Arbitration for Houston County, when necessary, to arbitrate certain budget and salary matters concerning constitutional or county officers; to provide procedures for arbitrating such budget and salary disputes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provisions of this Constitution, there is hereby created a Board of Arbitration for Houston County to be appointed when necessary as hereinafter provided. When a dispute arises between the governing authority of Houston County and a constitutional or county officer concerning the proposed budget for the office of said officer or concerning the salary of said officer in cases where the salary is set by the governing authority, said officer may call for the arbitration of such dispute by notifying the governing authority in writing, setting forth specifically the area or areas of the budget or salary in dispute. This written notice must be given within 30 days of the adoption of the budget by the governing authority. Thereafter, a three-member Board of Arbitration shall be appointed as follows: within ten days after such notification, one member shall be appointed by the governing authority and one member shall be appointed by the aggrieved officer; and within ten days after such appointments, the two appointed members shall appoint the third member of the Board. No person shall be appointed who is not a resident of Houston County or who is an employee of the Houston County Commissioners or of a constitutional officer. The Board shall render its decision on the dispute within 30 days after the appointment of the third member of the Board. The Board

"GA1978.1.2454">

shall consider only those matters specifically set forth in the written notice to the governing authority. Such decision shall be final and binding on all parties concerned. The governing authority and the officer shall cooperate with the Board and furnish documents, papers and other information required by the Board. Each member of the Board shall be paid $50.00 for each day or substantial portion thereof in which he attends to arbitration duties pursuant to this paragraph. In the event more than one constitutional officer disputes the budget or salary within 30 days of adoption of the budget by the governing authority, nothing herein shall be construed to prevent one Arbitration Board from settling all disputes, provided the aggrieved constitutional officers and the governing authority agree on the members of the Board and agree to let the one Board settle all disputes. 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 Board of Arbitration for Houston County, when necessary, to arbitrate certain budget and salary matters concerning constitutional or county officers? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2455">

DOWNTOWN AMERICUS AUTHORITY. Proposed Amendment to the Constitution. No. 167 (House Resolution No. 714-1916). A RESOLUTION Proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Americus to contract with the Authority for the use by the City of Americus or the residents thereof of any facilities or services of the 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 I. Article IX, Section VIII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: DOWNTOWN AMERICUS AUTHORITY. 1. Creation. There is hereby created a body corporate and politic to be known as the Downtown Americus Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. 2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equiping, maintaining and operating public projects, public buildings and other public facilities, and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property

"GA1978.1.2456">

therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof. 3. Membership. The Authority shall consist of twelve members appointed by the Mayor and Council of Americus and the Mayor of Americus who shall serve as an ex officio voting member. All members shall be citizens of the United States. The original members of the Authority shall be appointed as follows: four for a term of six years; four for a term of four years; and four for a term of two years. Thereafter, all members shall be appointed for a term of six years each and until their successors are appointed and qualified. Any member of the Authority may be appointed to succeed himself after the expiration of one year following a regular term of office. All appointments shall be for a term commencing on January 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall meet at least once each month. The Authority shall elect one of its members as Chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the Authority shall elect one of its members as Chairman in the same manner for a one-year term. The Authority shall also elect a Vice Chairman and Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary and Treasurer. Seven members of the Authority shall constitute a quorum. A majority of the members is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally become a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and

"GA1978.1.2457">

regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. 4. Definitions. As used herein the following words and terms shall have the following meanings: A. The word `Authority' shall mean the Downtown Americus Authority herein created. B. The word `projects' or `project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of any public project, public building or other public facility, or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic, cultural and historical growth, public welfare, trade, commerce, tourism, education, amusement and recreation. C. The term `cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determine the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the `cost of the project or projects'

"GA1978.1.2458">

and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects. D. The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957; pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. E. Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Americus or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects. 5. Powers. The Authority shall have the powers: A. To adopt and alter a corporate seal; B. To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; C. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; and no property shall be acquired under the provisions hereof

"GA1978.1.2459">

upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia; D. To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; E. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with the United States of America or any agency or instrumentality thereof, and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Americus is hereby authorized to enter into contracts and related agreements for the use by the City of Americus or the residents thereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; F. To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

"GA1978.1.2460">

G. To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; H. To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; I. To purchase, take, receive by gift, will or otherwise, lease, or otherwise own, hold, improve, use and otherwise deal in and with, real and personal property, or any interest therein, wherever situated; J. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; K. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and L. To do all things necessary or convenient to carry out the powers expressly given hereunder. 6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at

"GA1978.1.2461">

the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. 8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State. 10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

"GA1978.1.2462">

11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. 13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. 14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Americus, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia. 15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the

"GA1978.1.2463">

powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. 16. To Whom Proceeds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide. 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of

"GA1978.1.2464">

whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

"GA1978.1.2465">

19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Sumter County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. 22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents

"GA1978.1.2466">

shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished. 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic, cultural and historical growth, public welfare, trade, commerce, tourism, education, amusement, recreation or to alleviate traffic congestion in the City of Americus and thereby better protect the lives and property of its residents and others using its streets. 27. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability

"GA1978.1.2467">

for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations of the Authority. 28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. 29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 30. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 31. General Assembly. This amendment is self-executing and does not require any enabling legislation for it to become effective. However, the General Assembly may, by local Act, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Americus, Georgia, as the same now or may hereafter exist. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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:

"GA1978.1.2468">

[] YES [] NO Shall the Constitution be amended so as to create the Downtown Americus 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 Americus 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 Americus to contract with the 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. DeKALB COUNTYSPECIAL SERVICES TAX DISTRICTS. Proposed Amendment to the Constitution. No. 168 (House Resolution No. 715-1916). A RESOLUTION Proposing an amendment to the Constitution so as to provide that after a certain date municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service

"GA1978.1.2469">

charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental services provided therein by said county and to authorize the General Assembly to provide by law for such matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: Effective January 1, 1980, each municipality lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall each constitute a special services tax district for the provision of district services therein by DeKalb County. As used herein, `district services' means the following governmental services: (1) Police protection. (2) Fire protection. (3) Garbage and solid waste collection and disposal. (4) Street and road maintenance, including the maintenance of curbs, sidewalks, streetlights and devices to control the flow of traffic on streets and roads or any combination thereof. (5) Parks, recreational areas, programs and facilities. (6) Storm water and sewage collection and disposal systems. (7) Public housing. (8) Urban redevelopment programs. Effective January 1, 1980, and thereafter, the governing authority of DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges and fees for the provision of district services

"GA1978.1.2470">

within a special services tax district only in accordance with the kind, character, type and degree of district services provided by the county within such special services tax district or in accordance with a contract entered into between DeKalb County and the municipality constituting such special services tax district. The provisions of this paragraph are self-executing and shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the governing authority of DeKalb County in the absence of a legislative act of the General Assembly, but the General Assembly shall be authorized by law to control the subject matter of this paragraph and to further define and implement the provisions thereof, including the deletion of services designated herein as `district services' or the addition of other `district services', or any combination thereof, in such manner and pursuant to such terms and conditions as the General Assembly may provide by such 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 provide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental services provided therein by said county and to authorize the General Assembly to provide by law for such matters? 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.

"GA1978.1.2471">

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. JACKSON COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 169 (House Resolution No. 718-1944). A RESOLUTION Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Jackson 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 Jackson 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 $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:

"GA1978.1.2472">

[] YES [] NO Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Jackson 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. 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. CHEROKEE COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 170 (House Resolution 720-1944). A RESOLUTION Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Cherokee 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:

"GA1978.1.2473">

Provided, however, that in Cherokee County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly 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 dollar amount of civil cases over which the Justices of the Peace in Cherokee County shall have jurisdiction from two hundred dollars to five hundred dollars? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2474">

DeKALB COUNTYAD VALOREM TAX RATE Proposed Amendment to the Constitution. No. 171 (House Resolution No. 722-1944). A RESOLUTION Proposing an amendment to the Constitution so as to provide requirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb 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 IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: Except as hereinafter provided, the ad valorem tax millage rates for educational and county government purposes set, respectively, by the Board of Education and Board of Commissioners of DeKalb County for calendar year 1979 shall produce total revenues for such year not exceeding the total revenues received, respectively, by each such Board for calendar year 1977 plus 8% of such 1977 total revenues. Thereafter, beginning with calendar year 1980, the Board of Education and the Board of Commissioners of DeKalb County shall each set their respective ad valorem tax millage rate for each calendar year at a rate which will produce total revenues for each such Board not exceeding the total revenues received by each such Board during the immediately preceding calendar year plus 4% of such total revenues received during such preceding calendar year. If the Board of Education or the Board of Commissioners desires to set their respective ad valorem tax millage rate higher than the rates authorized above, the action to set such higher rates shall be taken by a majority vote of the full membership of the Board of Education or the Board of Commissioners, as the case may be. Prior to the action to set any such tax millage rate higher than the rates authorized above, the Board of Education or the Board of Commissioners shall conduct at least three public hearings within

"GA1978.1.2475">

DeKalb County, one of which shall be held at the county courthouse, one of which shall be held in the northern half of the county and one of which shall be held in the southern half of the county. The Board of Education or the Board of Commissioners shall cause the date, time, place and purpose of each such public hearing to be advertised in a newspaper of general circulation in DeKalb County for at least two consecutive weeks prior to the conduct of each public hearing. The Board of Education or the Board of Commissioners shall also send a press release to other news media serving DeKalb County at least five but not more than ten days prior to the conduct of each public hearing. Each such press release shall give the date, time, place and purpose of each such public hearing. The provisions of this paragraph shall not be construed to increase the maximum ad valorem tax millage rate for educational purposes which may be set by the Board of Education of DeKalb County. 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 requirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb 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.

"GA1978.1.2476">

DOWNTOWN CONYERS DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 172 (House Resolution No. 727-1960). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers and to provide for the powers, privileges, duties and immunities of said Authority and of the City of Conyers in relation to said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph: The General Assembly shall be authorized by law: (a) to provide for the creation of the Downtown Conyers Development Authority, a public body corporate and politic and a political subdivision of the State of Georgia, for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers; (b) to provide that said Authority shall have the powers, among others, (i) to define and redefine the geographical boundaries of said downtown area, (ii) to acquire, construct, equip, improve, alter, remodel, renovate, own, repair, maintain, lease, sell and dispose of properties within said downtown area, (iii) to execute, deliver and perform leases and other contracts with the City of Conyers and other public and private persons in furtherance of the purpose of redeveloping said downtown area, (iv) to execute, deliver and perform trust indentures and deeds to secure debt and to otherwise secure payment of its obligations, (v) to employ engineers and planners, (vi) to prepare a master plan for the redevelopment of said downtown area, (vii) to issue, sell and validate revenue bonds and to pledge its rents, revenues and receipts to the payment of the principal of and interest on said revenue bonds, and (viii) to have and exercise the

"GA1978.1.2477">

right and power of eminent domain in carrying out its public purpose; (c) to grant to and confer upon said Authority all or any of the powers, privileges, duties and/or immunities now or hereafter granted to and conferred upon municipalities by the Urban Redevelopment Law (Ga. Laws 1955, p. 354, et seq. ) and all acts amendatory thereof; and (d) to empower the governing body of the City of Conyers to create a special urban redevelopment tax district (or districts) within said downtown area of the City of Conyers and to levy and collect taxes within said district (or districts) based on taxable values of real property located within said district (or districts) established with reference to the then current tax digest of the City of Conyers, the proceeds of which taxes may be paid over to said Authority pursuant to the terms of leases or other contracts entered into between said Authority and the City of Conyers, acting in and for said tax district (or districts). The General Assembly shall provide for all matters relating to the membership composition of the Authority, terms of office and related matters, and may grant to and confer upon said Authority and the City of Conyers such additional powers, privileges, duties and/or immunities as it shall deem needful in order that the redevelopment of said downtown area might be carried out in an expeditious and thorough manner. 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 General Assembly to provide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers, and to provide for the powers, privileges, duties and immunities of said Authority and of the City of Conyers in relation to said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

"GA1978.1.2478">

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 CONYERS PUBLIC FACILITIES AUTHORITY. Proposed Amendment to the Constitution. No. 173 (House Resolution No. 732-1980). A RESOLUTION Proposing an amendment to the Constitution of the State of Georgia so as to create the City of Conyers Public Facilities Authority; to provide for the powers, authorities and duties of said Authority; to authorize said Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize said Authority to contract with the City of Conyers and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Conyers to contract with said Authority for the use by said City or the residents thereof of any facilities or services of said Authority; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws and constitutional provisions; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

"GA1978.1.2479">

Section 1. City of Conyers Public Facilities Authority. There is hereby created a public body corporate and politic to be known as the City of Conyers Public Facilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued (except as limited hereinafter), implead and be impleaded, complain and defend in all courts of law and equity. The Authority is hereby granted the same exemptions and exclusions from taxation by the State of Georgia and its political subdivisions and taxing districts as are now or hereafter granted to cities and counties of this State pursuant to the Constitution and laws of this State. The Authority shall be an instrumentality of the State of Georgia and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Conyers, Georgia, as the same now or may hereafter exist. Section 2. Purpose. Without limiting the generality of any of the provisions hereof the general purpose of the Authority is declared to be that of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and/or operating public projects, fire stations, police stations, and other public buildings and facilities, public parking lots, garages and other public parking structures and any and all other public facilities useful, convenient, or desirable in connection therewith, including without limitation, any public facilities which the City of Conyers might be empowered to acquire, construct, own, maintain and/or operate from time to time, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such public facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof. Section 3. Membership. The Authority shall consist of five (5) members who shall be residents of the City of Conyers. The Mayor of the City of Conyers shall be a member of the Authority. The remaining four (4) members of the Authority shall be appointed by the Mayor of the City of Conyers, and approved by the City Council of the City of Conyers, to serve for a term of one (1) year from the date of such approval and until their successors shall have been appointed and approved. Of said four (4) remaining members of the

"GA1978.1.2480">

Authority, not more than two (2) of them shall be individuals who are members of the City Council of the City of Conyers. The term of office of a member of the Authority who at the time of his appointment and approval is also a member of the City Council of the City of Conyers shall terminate when his term of office as a member of such council expires or otherwise terminates. Any appointed member of the Authority may be reappointed as a member of the Authority. Immediately after such appointments or reappointments, the members of the Authority shall enter upon their duties. Any vacancy on the Authority with respect to an appointed member shall likewise be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as Chairman and another member as Vice-Chairman and it shall also elect a Secretary and Treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority may be compensated as determined from time to time by the governing body of the City of Conyers; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 4. Definitions. As used herein the following words and terms shall have the following meanings: (a) The word `Authority' shall mean the City of Conyers Public Facilities Authority created in Section 1 hereof. (b) The word `Projects' or `Project' shall be deemed to mean and include the acquisition, construction, equipping, extension, improvement, maintenance and/or operation of any public project, fire station, police station, public building or other public facility, public parking lot, garage, or other public parking structure or similar public undertaking and any and all other public facilities useful, convenient or desirable in connection with such undertakings including,

"GA1978.1.2481">

without limitation, any public facilities which the City of Conyers might be empowered to acquire, construct, own, maintain and/or operate from time to time, and the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such public facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such undertakings, deemed by the Authority to be necessary, convenient or desirable. (c) The term `cost of the Project' shall embrace the cost of acquisition and construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest on its revenue bonds accruing prior to and during acquisition and construction, and for one year after completion of acquisition and construction, cost of engineering, architectural, fiscal, accounting and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the Project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the acquisition and construction of any Project and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the Project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions hereof for such project. (d) The terms `revenue bonds', `bonds' and `obligations' as used herein, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any present or future amendments thereto and, in addition, shall also mean obligations of the Authority, the issuance of which are specifically provided for herein. (e) Any Project shall be deemed `self-liquidating' if, in the judgment of the Authority, the anticipated revenues 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, repairing, renewing and replacing the Project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such Project.

"GA1978.1.2482">

Section 5. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; and if the Authority shall deem it expedient to acquire and/or contruct any Project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State of Georgia for the credit of the general fund of the State of an amount of money equal to the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any Project on any lands the title to which shall then be in the City of Conyers, the governing authority of said City is hereby authorized to convey title to such lands to the Authority upon payment to the credit of the general funds of said City an amount of money equal to the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority of said City and the Chairman of the Authority; (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents, accountants, and attorneys, and fix their respective compensations; (e) To enter into contracts and leases, and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of Projects and leases of Projects and contracts with respect to the use of Projects which it causes to be acquired or constructed, and to dispose by conveyance of its title in and to real and personal property of every kind and character, and

"GA1978.1.2483">

any and all persons, firms and corporations, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable and without limiting the generality of the above, authority is specifically granted to the Authority to enter into contracts, leases and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to Projects, areas and facilities and relative to any property, which the State of Georgia or such department or agency has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof, and the Authority is specifically authorized to convey title in and to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders 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 herein. The City of Conyers is authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract, lease or agreement entered into by and between the Authority and the City of Conyers, in order to enable the Authority to pay the principal of and interest on any of its bonds as the same mature and to create and maintain a debt service reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing, operating, renewing and replacing the property or facilities so furnished by the Authority; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and/or manage Projects, the cost of any such Project to be paid in whole or in part from the proceeds of revenue bonds and/or other funds available to the Authority; (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

"GA1978.1.2484">

(h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose: (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and/or laws of the State of Georgia; (k) The Authority and any trustee acting under any trust indenture delivered in connection with the issuance of bonds, are specifically authorized, from time to time, to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein, not required in the normal operation of and usable in the furtherance of the purposes for which the Authority was created, except as such right and power may be limited as provided herein; (l) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed forty (40) years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and City of Conyers as the lessee; and (m) To do all things necessary or convenient to carry out the powers expressly granted herein. Section 6. Revenue Bonds. The Authority, or any public authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost of any one or

"GA1978.1.2485">

more Projects (as herein defined). The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law as now or hereafter amended. Interest shall be payable semiannually or annually, principal shall mature at such time or times not exceeding forty (40) years from the date or dates of such bonds, shall be payable as to both principal and interest in lawful monies of the United States of America, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any present or future amendments thereto. Section 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State of Georgia. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest. Section 8. Same; Signatures; Seal. All such bonds shall be executed by the manual or facsimile signature of the Chairman or the Vice-Chairman of the Authority and attested by the manual or facsimile signature of the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman or Vice-Chairman and the Secretary and Treasurer of the Authority. At least one of the signatures appearing on each bond shall be a manual signature. Any coupon may bear the signatures of such persons and any bond may be signed, sealed and attested on

"GA1978.1.2486">

behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized and shall hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bond or on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. Section 9. Same; Negotiability; Exemption From Taxation. All revenue bonds issued under the provisions hereof shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the interest payable thereon shall be exempt from all taxation within the State of Georgia. Section 10. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purposes provided in the proceedings authorizing the issuance of such bonds. Section 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupon which shall become mutilated or be destroyed or lost. Section 13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required hereby. Any resolution, providing for the issuance of revenue bonds under the provisions hereof, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special or adjourned meeting of the Authority by a majority of its members present at such meeting.

"GA1978.1.2487">

Section 14. Credit Not Pledged. Revenue bonds issued hereunder shall not be deemed to constitute a debt of the City of Conyers, nor a pledge of the faith and credit of said City, but such bonds shall be payable solely from the funds hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said City 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 the foregoing provisions of this sentence. Section 15. Trust Indenture as Security. In the discretion of the Authority, any issue of 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 of Georgia. 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 from time to time 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 covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the Project, the maintenance, operation, repair and insurance of the Project, and the custody, safeguarding and application of all monies, 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 may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out

"GA1978.1.2488">

any 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 16. To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in such trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolution or trust indenture may provide. Section 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular Project or Projects, regardless of whether or not such fees, earnings and revenues were produced by a particular Project for which bonds have been issued 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 of and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest becomes due, (2) the principal of the bonds as the same becomes due, (3) any premium upon bonds acquired by redemption, payment or otherwise, (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed

"GA1978.1.2489">

shall forthwith be cancelled and shall not be reissued, printed and delivered. Section 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required hereby 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 19. Refunding Bonds. The Authority is authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable. Section 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Rockdale County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, political 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 being

"GA1978.1.2490">

sued and if consenting to same, which has contracted with the Authority for the services and facilities of any Project for which bonds are to be issued and sought to be validated and such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Authority. Section 22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Moneys Received Considered Trust Funds. All moneys received pursuant to the provisions hereof, 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 herein and in the resolution providing for the issuance of such bonds or such trust indenture. Section 24. Rates, Charges and Revenues; Use. The Authority is authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions

"GA1978.1.2491">

or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such undertakings or Projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereafter made or the sale of any of its lands and facilities. Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the Project or Projects constructed under the provisions hereof, including the basis on which Projects shall be furnished. Section 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder. Section 27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations of the Authority. Section 28. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. Section 29. Powers Declared Supplemental and Additional. The foregoing provisions hereof shall be deemed to provide an additional

"GA1978.1.2492">

and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred elsewhere in the Constitution or by other laws, and shall not be regarded as in derogation of any powers now existing. Section 30. Effect of Partial Invalidity Hereof. Should any sentence, clause, phrase, or part hereof be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder hereof or any part hereof, other than the part so held to be unconstitutional or invalid, but the remaining provisions hereof shall remain in full force and effect, and it is the express intention of this amendment to enact each provision of this amendment independently of any other provision hereof. Section 31. Audit. At the conclusion of each fiscal year of the Authority, the financial affairs of the Authority shall be audited by an independent certified public accounting firm. The City Council of the City of Conyers shall select the firm which shall conduct the audit. Section 32. Repeal. This amendment does not in any way take from the City of Conyers the authority to acquire, construct, equip, own, develop, operate and maintain projects, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended. Section 33. Activation of Authority. The Authority shall be deemed to be created upon the effectiveness of this amendment. However, the Authority shall not be deemed to be activated and thereby fully empowered to pursue its public purposes as specified herein until such time as the governing authority of the City of Conyers shall, by appropriate resolution, declare the need for the Authority to be activated and to operate within the City of Conyers. Section 34. General Assembly. This amendment is self-enacting and does not require any enabling legislation by the General Assembly of the State of Georgia for it to become effective. However, the General Assembly may, by law, further regulate the management and conduct of the Authority not inconsistent with any other provisions

"GA1978.1.2493">

of this Constitution. More specifically, the General Assembly may, by general or local legislation, alter or change the structure, organization, programs, or activities of the Authority, and may terminate the Authority, subject to the limitation that contracts of the Authority then in existence may not be impaired in violation of those provisions of the Constitution of the United States of America and of the Constitution of the State of Georgia prohibiting the same. Section 35. Repealer. All laws and parts of laws and constitutional provisions and parts thereof in conflict with this amendment are hereby repealed. 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 the City of Conyers Public Facilities Authority, to provide for the powers, authorities and duties of such Authority, to authorize such Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, to authorize the Authority to contract with the City of Conyers and other public bodies, and to authorize the City of Conyers to contract with the Authority for the use by said City or its residents of any facilities or services of the 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.

"GA1978.1.2494">

UPSON COUNTYSALES AND USE TAX. Proposed Amendment to the Constitution. No. 174 (House Resolution No. 776-2023). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, that occur in the County of Upson; to provide for the collection, administration, and disbursement of the tax by the State Revenue Commissioner; to provide for the adjustment of the mill rate for county ad valorem taxation, which adjustment shall be equal both in portions of Upson County inside the boundaries of any municipality or outside the boundaries of any municipality; to provide for the expenditure of the proceeds of the tax; to provide that any Act adopted during the year 1978 by virtue of this Resolution that imposes a sales and use tax in and for the County of Upson shall not be effective if, during the year 1978, or in any subsequent year, the statewide sales and use tax, as imposed by the State of Georgia throughout the State, should be increased to a rate greater than three percent; to provide that if any Act or constitutional amendment adopted during the year 1978 increasing the sales and use tax Statewide becomes ineffective for any reason, then any Act thereafter adopted by virtue of the power conferred by this amendment, levying a one percent sales and use tax in Upson County, shall, prior to being implemented, be submitted for approval to the voters of said county in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding thereto the following: A. The General Assembly of Georgia shall have the power by general or special law to:

"GA1978.1.2495">

(1) Impose a sales and use tax at the rate of one percent on all items, uses and transactions that occur in Upson County, Georgia, which items, uses and transactions are taxed under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, which tax shall be in addition to all other taxes of every kind now imposed by law, except that Section 26A of the Georgia Retailers' and Consumers' Sales Tax Act (Ga. Laws 1975, p. 984) shall not be effective in Upson County, Georgia, so long as any tax authorized by the General Assembly by virtue of this Resolution shall be in effect; (2) Provide the manner in which the tax so imposed shall be collected, administered and disbursed by the State Revenue Commissioner; (3) Provide for the enforcement of the Act or Acts and the imposition of penalties for failure to comply with the Act or Acts; (4) Provide that the governing authority of the County of Upson shall adjust the mill rate for county ad valorem taxation during the year 1979 and in subsequent years, and further provide a method by which the mill rate for county ad valorem taxation shall be adjusted; (5) Provide that adjustment in the mill rate for county ad valorem taxation shall be equal both as to property inside the boundaries of any municipality and outside the boundaries of any municipality; (6) Provide that any Act adopted during the year 1978 by virtue of this Resolution, which Act shall impose a sales and use tax of one percent on all items, uses and transactions that occur in Upson County, Georgia, shall not be effective in the event that during the year 1978, or in any subsequent year, a statewide increase in the sales and use tax should be imposed so that the tax imposed by the State throughout the State of Georgia would be greater than three percent. Should any Act or constitutional amendment adopted during the year 1978 increasing the sales and use tax Statewide become ineffective for any reason, then any Act thereafter adopted by virtue of the power conferred by

"GA1978.1.2496">

this amendment, levying a one percent sales and use tax in Upson County, shall, prior to being implemented, be submitted for approval to the voters of said county in a referendum thereon. B. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1978. Any Act passed after January 1, 1978, germane to the subject matter of this amendment, whether it be a general or special law, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining to all or any one or more of said functions, which law or laws may be passed prior to or subsequent to the submission of this amendment for ratification. 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 General Assembly to impose an additional tax of one percent on all items, uses and transactions subject to the Georgia Retailers' and Consumers' Sales and Use Tax Act which occur in Upson County, Georgia, and to provide for the reduction of the mill rate of ad valorem taxation upon property in Upson County, Georgia, which reduction shall be the same both for property lying inside any municipality or outside any municipality? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2497">

DeKALB COUNTY RETIREMENT HOME AUTHORITY. Proposed Amendment to the Constitution. No. 175 (House Resolution No. 799-2065). A RESOLUTION Proposing an amendment to the Constitution so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to non-profit, tax exempt religious or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing; to provide for powers, authority, funds, purposes and procedure of the Authority; to provide for the issuance by the Authority of its revenue bonds and to exempt from taxation said bonds and the interest thereon and the property and income of the Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section VIII of the Constitution is hereby amended by adding at the end thereof a new Paragraph to read as follows: Paragraph VI. (a) Declaration of Need. Whereas, if the aging citizens and inhabitants of DeKalb County and environs are to receive adequate and economic housing, provision must be made for acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities; Now, therefore, it is hereby declared that there exists in DeKalb County and environs a need for an Authority to function for the purpose aforesaid.

"GA1978.1.2498">

(b) Creation of the Authority. There is hereby created a body corporate and politic to be known as the `DeKalb County Retirement Home Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. (c) Purpose. The purpose of the Authority shall be to acquire, construct, improve, equip, alter, repair, and maintain one or more retirement homes for lease or sale to nonprofit firms or corporations as hereinafter set forth, and to take all other necessary or desirable action, in order to provide or make available adequate and economic retirement home facilities for DeKalb County. The Authority may acquire existing retirement homes if it determines that such acquisition would result in lower charges to the residents thereof than if no such acquisition took place. (d) Members. The members of the Development Authority of DeKalb County, created pursuant to an Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended, shall be ex officio members of this Authority and shall be appointed and serve for the same terms as provided therein. No vacancy shall impair the power of the Authority to act. The Authority is hereby empowered to elect a chairman, vice chairman and secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (e) Definitions. As used in this amendment, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) `Authority' shall mean the DeKalb County Retirement Home Authority hereby created and any successor or successors thereto. (2) `Retirement Home' or `Project' shall mean any residential facility for the aging, including related dining and entertainment facilities, all real and personal property required for the purposes thereof, including land and any rights or undivided

"GA1978.1.2499">

interest therein, easements, furnishings, machinery, and equipment. `Retirement Home' or `Project' shall not include any nursing home or other health care facility. (3) `Cost of Project' shall mean all costs of acquisition and construction of a project, including all costs of franchises, fees, permits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority for the construction or maintenance of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued hereunder for such project. (4) `Bonds' or `revenue bonds' shall mean any bonds issued by the Authority under the provisions of this amendment, including refunding bonds. (5) `Nonprofit Firm or Corporation' means any firm or corporation which has no shareholders and is organized so that no income or profits are distributable to or for the benefit of any private person, and is qualified as exempt from federal income taxation as being organized and operated exclusively for religious or charitable purposes. (f) Conduct of Meetings. Any three (3) members shall constitute a quorum for the transaction of the business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.

"GA1978.1.2500">

(g) Powers. The Authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this amendment, including, but without limiting the generality of the foregoing, the power: (1) Litigation. To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity. (2) Seal. To adopt and alter a corporate seal. (3) Acquisition of Property. To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to insure the same against any and all risks as such insurance may, from time to time, be available, and use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or to sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the Authority and the purposes thereof. The Authority shall not have the power of eminent domain under the provisions of any law of the State of Georgia applicable to the condemnation of property for public use. (4) Officers and Agents. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their compensation. (5) Contracts. To make contracts, leases and to execute all instruments necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed, and all private persons, firms and corporations and the State of Georgia and all political subdivisions, departments, instrumentalities, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable.

"GA1978.1.2501">

(6) Gifts, Grants, and Disposal of Property. To accept, receive and administer gifts, grants, appropriations, and donations of money, materials and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, and pledge, any and all of its property and assets. (7) Investment. To invest any accumulation of its funds in any fund or reserve in any manner that public funds of the State of Georgia or its political subdivisions may be invested. (8) General. To do any and all things necessary or proper for the accomplishment of the objectives of this amendment and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State, including employment of professional and administrative staff and personnel and retaining of legal, engineering, and other professional services, the purchasing of all kinds of insurance including, without limitation, insurance against tort liability and against risks of damage to property, including the power to borrow money for any of the corporate purposes of the Authority; provided, however, that obligations of the Authority other than revenue bonds, for which provision is herein made, shall be payable from the general funds of the Authority and shall not be a charge against any special fund allocated to the payment of revenue bonds, and including the power to indemnify and hold harmless any parties contracting with the Authority or its agents from damage to persons or property and the power to act as self-insurer with respect to any loss or liability. (9) Indebtedness. To borrow money for any of its corporate purposes and to issue notes; to issue its revenue bonds as hereinafter provided in evidence of its indebtedness incurred with respect to the powers above described payable from the revenues and receipts to the Authority from the lease or sale by the Authority of the projects of the Authority and other available funds thereof; to execute trust agreements or indentures; to sell,

"GA1978.1.2502">

convey, pledge, mortgage, hypothecate, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof. (10) Administration. To adopt, alter and repeal such bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (h) Revenue Bonds. In addition to the purposes for which revenue bonds are now permitted by this Constitution to be issued, the Authority, in order to finance any project or to refund any revenue bonds then outstanding, is hereby authorized to issue revenue bonds bearing interest at the rate or rates and maturing in the years and amounts determined by the Authority, and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any revenue bonds of the Authority. (i) Dissolution of Authority. Should the Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to DeKalb County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. (j) Taxation. The Authority is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Georgia, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this amendment, and for such reasons, the State of Georgia covenants with the holders from time to time of the revenue bonds issued hereunder that the Authority shall be required to pay no taxes or assessments imposed by the

"GA1978.1.2503">

State of Georgia or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority whether in the form of fees, rentals, charges, purchase price, installments or otherwise, and that the revenue bonds of the Authority, their transfer and the income therefor shall at all times be exempt from taxation within the State of Georgia. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. (k) Lease or Sale of Projects. No project acquired hereunder shall be operated by the Authority, but shall be leased or sold to one or more nonprofit firms or corporations for operation as a retirement home, and if revenue bonds or other obligations are to be issued to pay all or part of the cost of such project, the project must be so leased or the contract for its sale entered into prior to or simultaneously with the issuance of such bonds or obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than 50 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay principal of and interest and premium, if any, on all such bonds and other obligations as such principal and interest become due. Any such lease may contain an option on the part of the lessee to purchase the project for an amount sufficient to repay all such bonds or, after the bonds have been retired, for a nominal amount. (l) Immunity from Liability. (1) Authority Members. Neither the members of the Authority nor any person executing bonds or notes on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof. (2) Credit Not Pledged. No revenue bonds or other obligations issued under provisions of this amendment shall constitute a debt of the State of Georgia or of DeKalb County.

"GA1978.1.2504">

(m) Construction. This amendment, being for the welfare of DeKalb County and its inhabitants, shall be liberally construed to effect the purposes hereof. (n) Implementation. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit, tax exempt religious or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2505">

RETIREMENT SYSTEMS AND EDUCATIONAL SCHOLARSHIPS. Proposed Amendment to the Constitution. No. 176 (Senate Resolution No. 217). A RESOLUTION Proposing an amendment to the Constitution so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revision; 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 VIII, Paragraph XII of the Constitution is hereby amended by adding at the end of said Paragraph XII two new subparagraphs to be designated subparagraphs 9 and 10 and to read as follows: 9. Whenever the Board of Human Resources is entitled to receive federal funds made available pursuant to any federal vocational rehabilitation program, said Board shall be authorized to receive and administer such funds in accordance with the terms of said federal program, and where the program so provides, said Board may disburse said funds to nonprofit corporations or associations which are engaged solely in vocational rehabilitation of disabled persons. 10. The expenditure of public funds pursuant to the provisions of Article X of this Constitution shall not constitute a violation of subparagraph 1 or 2 of this Paragraph. Section 2. Article VII, Section II, Paragraph I, subparagraph 8 of the Constitution is hereby amended by striking said subparagraph 8 in its entirety and substituting in lieu thereof a new subparagraph 8 to read as follows: 8. For the purposes set forth in Article X of this Constitution and for the purpose of making such employer contributions under

"GA1978.1.2506">

federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by public officers and employees, their dependents and survivors. Section 3. Article VIII, Section IV, Paragraph II of the Constitution is hereby amended by striking said Paragraph II, which reads as follows: Paragraph II. Program for Elderly Citizens. The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Paragraph shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Paragraph., in its entirety. Section 4. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph (e) to read as follows: (e) Any county board of education and the board of education of any countywide school district are authorized to expend education funds for the purpose of supporting any heretofore existing local retirement system covering employees of such board of education and, except as hereinafter provided, are vested with the authority to maintain and modify any such local retirement system. When employer contributions to any such local retirement system have been paid heretofore, in whole or in part, from county funds pursuant to the requirements of a local act of the General Assembly, the continued use of county funds for such purpose is authorized, and the control over such local retirement system shall continue to be vested in the General Assembly. The General Assembly may require employer contributions to such local retirement system to be paid

"GA1978.1.2507">

from the education funds of the county board of education whose employees are covered under such local retirement system or may require that such employer contributions be paid from a combination of county funds and education funds in such manner as the General Assembly shall determine. No provision of this paragraph shall operate to prohibit the General Assembly from enacting any general law controlling the subject matter of this paragraph. Section 5. Article IX, Section II, Paragraph I of the Constitution is hereby amended by adding immediately preceding the period appearing at the end of subparagraph 1 of paragraph (c) thereof the following: , and except as otherwise provided in Section IV, Paragraph II, subparagraph (16) and Section V, Paragraph II, subparagraph 10 of this Article, so that when so amended said paragraph (c) shall read as follows: (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, and except as otherwise provided in Section IV, Paragraph II, subparagraph (16) and Section V, Paragraph II, subparagraph 10 of this Article. 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.

"GA1978.1.2508">

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. Section 6. Article IX, Section II, Paragraph II of the Constitution is hereby amended by striking therefrom the following: retirement or pension systems,, so that when so amended said Paragraph II shall read as follows: 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 insurance, workmen's compensation, and hospitalization benefits for said employees. Section 7. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding immediately following subparagraph (15) thereof a new subparagraph (16) to read as follows: (16) The power to maintain and modify heretofore existing retirement or pension systems and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or appointed public officers and employees whose compensation is paid in whole or in part from county or municipal funds and for the beneficiaries of such officers and employees. Section 8. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by adding immediately preceding the period appearing at the end of said Paragraph III the following:

"GA1978.1.2509">

or to prevent the expenditure of any public funds of a political subdivision for the purposes set forth in Article X, Section I of this Constitution, so that when so amended said Paragraph III shall read as follows: Paragraph III. Taxing Power and Contributions of Counties, Cities and Political Subdivisions Restricted. The General Assembly shall not authorize any county, municipal corporation or political subdivision 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 individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits or to prevent the expenditure of any public funds of a political subdivision for the purposes set forth in Article X, Section I of this Constitution. Section 9. Article IX, Section V, Paragraph II of the Constitution is hereby amended by striking subparagraph 10 thereof in its entirety and substituting in lieu thereof a new subparagraph 10 to read as follows: 10. To provide insurance, hospitalization benefits, workmen's compensation benefits and coverage under federal old-age and social security programs for its officers and employees, including elective county officers and their employees, and for employees of the county board of education and for the beneficiaries of any such officers and employees and to provide retirement and pension benefits as authorized under Section IV, Paragraph II, subparagraph (16) of this Article. The funds necessary for any benefits authorized herein for employees or county boards of education and their beneficiaries shall be paid from education funds, except as otherwise provided by paragraph (e) of Article VIII, Section V, Paragraph II of this Constitution. Section 10. Article X of the Constitution is hereby amended by striking said Article in its entirety and substituting in lieu thereof a new Article X to read as follows:

"GA1978.1.2510">

ARTICLE X. RETIREMENT SYSTEMS AND STUDENT ASSISTANCE Section I. Retirement Systems Paragraph I. Expenditure of Public Funds Authorized . Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries. Paragraph II. Increasing Benefits Authorized . Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension system wholly or partially supported from public funds. Paragraph III. Firemen's Pension System . The method of funding the Firemen's Pension System as set forth in the Act creating said System, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, is continued until changed by law. Paragraph IV. Funding Standards . It shall be the duty of the General Assembly to enact legislation to define funding standards which will assure the actuarial soundness of any retirement or pension system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension system shall be passed by the General Assembly without concurrent provisions for funding in accordance with the defined funding standards. Section II. Student Assistance Paragraph I. Student Assistance Programs Authorized . (a) Pursuant to laws now or hereafter enacted by the General Assembly, public funds may be expended for any of the following purposes: (1) To provide grants, scholarships, loans, or other assistance to students for educational purposes. (2) To provide for a program of guaranteed loans to students for educational purposes; to pay interest, interest subsidies

"GA1978.1.2511">

and fees to lenders on such loans; and the General Assembly is authorized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program. (3) To match funds now or hereafter available for student assistance pursuant to any federal law. (4) To provide grants, scholarships, loans, or other assistance to State employees for educational purposes. (b) Contributions made in support of any student assistance program now or hereafter established under provisions of this Section may be deductible for State income tax purposes as now or hereafter provided by law. Paragraph II. Guaranteed Revenue Debt . Guaranteed revenue debt may be incurred to provide funds to make loans to students for educational purposes, to purchase loans made to students for educational purposes, or to lend or make deposits of such funds with lenders which shall be secured by loans made to students for educational purposes. Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section III of this Constitution. Paragraph III. Public Authorities . Public authorities or public corporations heretofore or hereafter created for such purposes shall be authorized to administer student assistance programs, and, in connection therewith, may exercise such powers as may now or hereafter be provided by law. Paragraph IV. Waiver of Tuition . The Board of Regents of the University System of Georgia shall be authorized to establish programs allowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the General Assembly may provide by law for the establishment of any such program for the benefit of elderly citizens of the State. Section 11 . The following amendments to the Constitution of 1945 and to the Constitution of 1877 which were continued in force and effect by Article XIII, Section I, Paragraph II of the Constitution of 1976 are hereby repealed in their entirety:

"GA1978.1.2512">

A. The amendment authorizing the General Assembly to enact laws authorizing Chatham County to create a retirement fund and a system of retirement pay for county employees which was ratified on June 8, 1937, and which is set forth in Georgia Laws 1937, pages 16-18. B. The amendment authorizing the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county employees and for county school employees and to levy taxes for that purpose which was ratified on June 6, 1939, and which is set forth in Georgia Laws 1939, pages 39-41. C. The amendment authorizing the General Assembly to enact laws authorizing Richmond County to create a retirement or pension fund and a system of retirement or pension pay for county employees which was ratified on August 3, 1943, and which is set forth in Georgia Laws 1943, pages 48-51. D. The amendment extending coverage of the pension system authorized by the Constitution for county employees in Fulton County to provide that the benefits of said pension system shall be available to all State, State and county and county officers, deputies and employees and the deputies of such officers whose salaries or wages are paid in whole or in part from the funds of Fulton County which was ratified on November 2, 1948, and which is set forth in Georgia Laws 1947, pages 1749-1751. E. The amendment authorizing the General Assembly, with respect to Bibb County, to enact laws constituting pension or retirement plans for all or any persons elected or appointed, or appointed by any elected or appointed official, whether or not a county or State officer, whose salary, wage or compensation is paid wholly or in part from the funds of Bibb County, which was ratified on November 7, 1950, and which is set forth in Georgia Laws 1950, pages 431-434. F. The amendment empowering the governing authority of Bibb County to adopt, revise, amend, and modify pension, disability and retirement plans for all or any persons elected or appointed, whether or not a county or a State officer, whose salary, wage or

"GA1978.1.2513">

compensation is paid wholly or in part by Bibb County, which was ratified on November 8, 1966, and which is set forth in Georgia Laws 1966, pages 881-883. G. The amendment authorizing an increase in retirement benefits of retired employees of the City of Griffin which was ratified on November 7, 1972, and which is set forth in Georgia Laws 1971, pages 935-936. H. The amendment authorizing an increase in retirement benefits of persons retired under the retirement system of the Board of Education for the City of Savannah and the County of Chatham which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1692-1693. I. The amendment authorizing the governing authority of Fulton County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system established for any employees of Fulton County which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1809-1811. J. The amendment authorizing the City Council of the City of East Point to provide by ordinance from time to time for the increase of retirement or pension benefits of retired persons who retired at any time prior to January 1, 1975, pursuant to any retirement system, pension system or any similar system heretofore created by law or by the governing authority of the City of East Point and to authorize the City Council of said City to appropriate funds for such purpose, which was ratified November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1495-1496. K. The amendment providing that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any future such census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation and who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or

"GA1978.1.2514">

hereafter created by law, which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1493-1495. L. The amendment authorizing 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 which was ratified on November 2, 1976, and which is set forth in Georgia Laws 1976, pages 1887-1888. M. The amendment authorizing the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of said City, which was ratified on November 2, 1976, and which is set forth in Georgia Laws 1976, pages 1872-1873. Section 12 . 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 completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revision? 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.

"GA1978.1.2515">

WRITE-IN CANDIDATES IN SPECIAL ELECTIONS. Proposed Amendment to the Constitution. No. 177 (Senate Resolution No. 233). A RESOLUTION Proposing an amendment to the Constitution so as to require write-in candidates in special elections to file a notice of intention of candidacy in the same manner as such candidates are required to file notices of intention of candidacy in general elections; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1 . Article II, Section III, of the Constitution is hereby amended by striking Paragraph III in its entirety and substituting in lieu thereof a new Paragraph III to read as follows: 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 or special election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general or special 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 or special 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. In the event an amendment to the Constitution completely revising Article II is ratified at the 1978 general election, the provisions of this Paragraph shall be repealed on June 30, 1979.

"GA1978.1.2516">

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 require a notice of candidacy of write-in candidates in special elections? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GOVERNOR'S VETO. Proposed Amendment to the Constitution. No. 178 (Senate Resolution No. 234). A RESOLUTION Proposing an amendment to the Constitution so as to change the methods and procedures for overriding the Governor's veto of bills enacted by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2517">

Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section II of the Constitution is hereby amended by striking Paragraph VI in its entirety and inserting in lieu thereof a new Paragraph VI to read as follows: 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 30 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 House 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 35 days (Sundays excepted) from the date of the adjournment of the session of the General Assembly at which such bill was passed. Following the date of the adjournment of the most recent session, the General Assembly shall meet in special session in the State Capitol at 10:00 a.m. on the first Monday following the 90th day subsequent to said adjournment to consider all bills passed during such session and vetoed by the Governor. No such special session shall exceed one calendar day. No actions shall be taken at such sessions except the consideration of bills vetoed by the Governor and votes to override such vetoes. Bills vetoed by the Governor shall first be considered by the House of the General Assembly in which it originated. In the event the action of the Governor is overridden by two-thirds of the votes of such House of the General Assembly, the same shall be immediately transmitted by the Secretary of, or the Clerk of, such House of the General Assembly to the other House of the General Assembly to be considered by such House. No special session for the purpose of considering bills vetoed by the Governor shall be held unless three-fifths of the members

"GA1978.1.2518">

elected to each House declare in writing and file with the presiding officer of the respective House that such special session is necessary. The declarations must be received by the presiding officers of the respective Houses at least fifteen days prior to the day on which the special session is to convene. If a special session is not held, any such bill vetoed by the Governor may be considered by the House of the General Assembly in which it originated at any time within the first ten days of the next regular session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such House of the General Assembly, the same shall be immediately transmitted by the Secretary of, or the Clerk of, such House of the General Assembly to the other House of the General Assembly. It shall be the duty of the presiding officer of such other House 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 House of the General Assembly, such bill shall become law. In the event either House of the General Assembly shall 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 House of the General Assembly last acting upon such bill, or upon the effective date of the bill as specified in such bill, or by general law, whichever is later. 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. 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:

"GA1978.1.2519">

[] YES [] NO Shall the Constitution be amended so as to change the methods and procedures for overriding the Governor's veto of bills enacted by the General Assembly? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DeKALB COUNTYHOMESTEAD EXEMPTION FOR TAX PURPOSES. Proposed Amendment to the Constitution. No. 179 (Senate Resolution No. 326). A RESOLUTION Proposing an amendment to the Constitution so as to change the homestead exemption from ad valorem taxes levied for county and school purposes in DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end of the third unnumbered paragraph thereof, which reads as follows: The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually

"GA1978.1.2520">

occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities., the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of DeKalb County is hereby granted an exemption from all DeKalb county and DeKalb County School district ad valorem taxes in the amount hereinafter provided of the value of the homestead owned and occupied by said resident as a homestead within DeKalb County. For calendar year 1979, such homestead exemption shall be fifteen percent of the assessed value of the homestead, but not less than $3,000.00 and not more than $4,000.00; for calendar year 1980, such homestead exemption shall be seventeen and one-half percent of the assessed value of the homestead, but not less than $3,500.00 and not more than $5,000.00; for calendar year 1981, such homestead exemption shall be twenty percent of the assessed value of the homestead, but not less than $4,000.00 and not more than $6,000.00; for calendar year 1982, such homestead exemption shall be twenty-two and one-half percent of the assessed value of the homestead, but not less than $4,500.00 and not more than $7,000.00; for calendar year 1983 and thereafter, such homestead exemption shall be twenty-five percent of the assessed value of the homestead, but not less than $5,000.00 and not more than $8,000.00. For the purpose of DeKalb County and DeKalb County School District ad valorem taxes, the homestead exemption granted herein shall be in lieu of the heretofore existing basic homestead exemption of $2,000.00, and the provisions of this

"GA1978.1.2521">

Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted herein for residents of DeKalb County shall be in addition to and cumulative of any other homestead exemption heretofore or hereafter granted by this Constitution or 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 provide that the DeKalb County homestead exemption from taxes levied for county and school purposes shall be increased by annual steps from 15 percent of the assessed value of the homestead in 1979, but not less than $3,000.00 and not more than $4,000.00, to 25 percent of the assessed value of the homestead in 1983, but not less than $5,000.00 and not more than $8,000.00? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1978.1.2522">

AD VALOREM TAXATION IN CERTAIN COUNTIES (600,000 OR MORE). Proposed Amendment to the Constitution. No. 180 (Senate Resolution No. 351). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county 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, and applicable to any municipality located wholly or partially within such county, to provide for the assessment of property in any such county or municipality by a board of assessors; to establish county boards of equalization within any such county; to provide that the General Assembly may by law provide for the implementation of such boards and for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The amendment to the Constitution ratified on November 4, 1952, which is set forth in Ga. Laws 1952, pp. 591-594, and which was continued in force and effect by the Constitution of 1976 is hereby amended by striking all language added to the Constitution by said amendment and substituting in lieu thereof, as a paragraph to appear at the end of Article IX, Section I, Paragraph VI, the following: Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, the General Assembly shall have the power by general, local or special law applicable to any county 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, and applicable to any municipality located wholly or partially within such county to:

"GA1978.1.2523">

(a) Provide for the establishment of a board of tax assessors, to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, method of appointment, filling vacancies, removal and remuneration; and (b) Authorize said board to assess all taxable property in the county, and to assess all taxable property of any municipality lying wholly or partially within such county, for all purposes, which are now or may hereafter be authorized by law; and (c) Create a board of tax appeals and equalization or any other system of appeals, by whatever name designated, and to define the jurisdiction, powers and duties thereof and the number, terms and qualifications of members of such board and methods of appointment, filling vacancies, removal and remuneration of its members, and establish procedures for appeals from assessments made by the board of tax assessors and for the equalization of said assessments; and (d) Authorize or direct appropriations by the county or by any municipality lying therein, or provide otherwise, for the support of the board or boards created pursuant to the authority herein granted; and (e) Provide for the transfer of property necessary for the operation of said boards. (f) Nothing in this amendment should be construed to apply to corporations and persons now required by law to return their property to state revenue commission, formerly the comptroller general, for ad valorem taxation. 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 General Assembly to enact

"GA1978.1.2524">

general, local or special laws applicable to any county 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, and applicable to any municipality located wholly or partially within such county, so as to provide for the assessment of property in any such county or municipality by a board of assessors; to establish county boards of equalization within any such county and for other matters relative thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DeKALB COUNTYRECALL OF MEMBERS OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 181 (Senate Resolution No. 372). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the recall and removal of members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1978.1.2525">

Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph II, Subparagraph (b) is hereby amended by adding at the end thereof a new paragraph, to read as follows: Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly is hereby authorized to provide by local law for the recall and removal of members of the DeKalb County Board of Education. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to the political subdivision affected, notwithstanding the provisions of any conflicting general 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 authorize the General Assembly to provide by local law for the recall and removal of members of the DeKalb County 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.

"GA1978.1.2526">

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 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 16 HB 1987 City of Austell 3-13-78 17 HB 1320 Handguns and shotguns used for hunting deer 4-3-78 18 HB 1026 Amends Orthotists Practice Act 4-4-78 19 HB 246 Removes data processing used by Board of Regents from DAS 4-6-78 20 HB 247 Reimbursement of the counties for prisoner costs by DOR 4-6-78 21 HB 1786 Discharge of firearms prohibited in only one county on Sunday between 9 AM and 4 PM 4-6-78 22 SB 448 Method of payment for livestock purchased at auction 4-6-78 23 SR 125 Property conveyance to City of Swainsboro 4-6-78 24 SB 547 Suing of foreign corporations in contract matters 4-10-78 25 HB 1312 Sexual exploitation of minors 4-10-78 26 HB 1598 Control of public schools by municipal, etc. zoning law or ordinances 4-10-78 27 HB 1636 Amends Physician's Assistants Act 4-10-78 28 HB 1804 Distribution formula of proceeds of local option sales tax levy for only one county 4-10-78 29 SB 457 Extends State Commission on Compensation's responsibilities to each full-time chief executive officer of each state executive branch board, bureau, etc. 4-10-78 30 SB 499 Would fix salary of 21 state officials to what they were receiving in December 1977 4-10-78 31 SB 43 Establishes a Department of Actuarial Services 4-11-78 32 SB 509 Changes procedure for revocation and suspension of licenses and permits issued by DNR for violations of Game Fish Laws 4-11-78 33 SB 534 Allows parent to appoint by will a testamentary guardian for a mentally retarded or mentally ill child 4-11-78

"GA1978.1.2529">

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

"GA1978.1.2531">

CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS ARTICLE I. Bill of Rights 4931 ARTICLE II. Elective Franchise 4936 ARTICLE III. Legislative Branch 4939 ARTICLE IV. Constitutional Boards and Commissions 4953 ARTICLE V. Executive Branch 4959 ARTICLE VI. Judiciary 4965 ARTICLE VII. Taxation 4978 ARTICLE VIII. Education 4997 ARTICLE IX. Counties and Municipal Corporations 5003 ARTICLE X. Retirement Systems and Educational Scholarships 5020 ARTICLE XI. The Laws of General Operation in Force in this State 5029 ARTICLE XII. Amendments to the Constitution 5030 ARTICLE XIII. Miscellaneous Provisions 5031

"GA1978.1.2530">

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.

"GA1978.1.2532">

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.

"GA1978.1.2533">

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 Guaranteed. 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

"GA1978.1.2534">

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.

"GA1978.1.2535">

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

"GA1978.1.2536">

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

"GA1978.1.2537">

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 be law require the State and State agencies and institutions, and counties, municipalities, school

"GA1978.1.2538">

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.

"GA1978.1.2539">

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.

"GA1978.1.2540">

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

"GA1978.1.2541">

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.

"GA1978.1.2542">

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

"GA1978.1.2543">

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.

"GA1978.1.2544">

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

"GA1978.1.2545">

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 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.

"GA1978.1.2546">

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.

"GA1978.1.2547">

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,

"GA1978.1.2548">

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

"GA1978.1.2549">

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

"GA1978.1.2550">

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

"GA1978.1.2551">

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.

"GA1978.1.2552">

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

"GA1978.1.2553">

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.

"GA1978.1.2554">

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.

"GA1978.1.2555">

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

"GA1978.1.2556">

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

"GA1978.1.2557">

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

"GA1978.1.2558">

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

"GA1978.1.2559">

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:

"GA1978.1.2560">

(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.

"GA1978.1.2561">

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

"GA1978.1.2562">

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

"GA1978.1.2563">

at a special election, which shall be held within sixty days from the date on which the Speaker of the House 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, herein-before 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.

"GA1978.1.2564">

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

"GA1978.1.2565">

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,

"GA1978.1.2566">

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.

"GA1978.1.2567">

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.

"GA1978.1.2568">

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

"GA1978.1.2569">

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

"GA1978.1.2570">

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

"GA1978.1.2571">

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

"GA1978.1.2572">

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.

"GA1978.1.2573">

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.

"GA1978.1.2574">

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

"GA1978.1.2575">

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.

"GA1978.1.2576">

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, Judes, 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

"GA1978.1.2577">

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)

"GA1978.1.2578">

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.

"GA1978.1.2579">

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.

"GA1978.1.2580">

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 jur, 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.

"GA1978.1.2581">

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.

"GA1978.1.2582">

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

"GA1978.1.2583">

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

"GA1978.1.2584">

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.

"GA1978.1.2585">

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

"GA1978.1.2586">

is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye. The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of such city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such 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

"GA1978.1.2587">

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

"GA1978.1.2588">

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;

"GA1978.1.2589">

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

"GA1978.1.2590">

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 provided 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.

"GA1978.1.2591">

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

"GA1978.1.2592">

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, wil 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

"GA1978.1.2593">

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

"GA1978.1.2594">

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

"GA1978.1.2595">

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

"GA1978.1.2596">

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

"GA1978.1.2597">

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

"GA1978.1.2598">

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

"GA1978.1.2599">

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.

"GA1978.1.2600">

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 be 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

"GA1978.1.2601">

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.

"GA1978.1.2602">

(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

"GA1978.1.2603">

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,

"GA1978.1.2604">

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.

"GA1978.1.2605">

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.

"GA1978.1.2606">

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,

"GA1978.1.2607">

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 twelvemonth 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

"GA1978.1.2608">

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

"GA1978.1.2609">

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. South election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph III of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. In the event that the Judge of the Probate Court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid: Provided, however, that in any proceeding in which the validity of the petition is at 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.

"GA1978.1.2610">

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.

"GA1978.1.2611">

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.

"GA1978.1.2612">

(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

"GA1978.1.2613">

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.

"GA1978.1.2614">

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.

"GA1978.1.2615">

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.

"GA1978.1.2616">

(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

"GA1978.1.2617">

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.

"GA1978.1.2618">

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

"GA1978.1.2619">

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

"GA1978.1.2620">

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

"GA1978.1.2621">

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

"GA1978.1.2622">

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

"GA1978.1.2623">

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

"GA1978.1.2624">

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

"GA1978.1.2625">

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

"GA1978.1.2626">

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.

"GA1978.1.2627">

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

"GA1978.1.2628">

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

"GA1978.1.2629">

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

"GA1978.1.2630">

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

"GA1978.1.2631">

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,

"GA1978.1.2632">

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

"GA1978.1.2633">

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, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. Paragraph III. Veto Not Permitted . The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution. Paragraph IV. Effective date of amendments . Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification. ARTICLE XIII. MISCELLANEOUS PROVISIONS Section I. Miscellaneous Provisions Paragraph I. Continuation of Officers . Except as otherwise provided in this Constitution, the officers of the State and all political subdivisions thereof now existing shall continue in the exercise of their functions and

"GA1978.1.2634">

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.

"GA1978.1.2635">

COUNTIES AND SUPERIOR COURT CIRCUITS

"GA1978.1.2636">

SUPREME COURT OF GEORGIA As of June 1, 1978 H. E. NICHOLS Chief Justice HIRAM K. UNDERCOFLER Presiding Justice ROBERT H. JORDAN Associate Justice ROBERT H. HALL Associate Justice HAROLD N. HILL, JR. Associate Justice JESSE G. BOWLES Associate Justice THOMAS O. MARSHALL Associate Justice ANNE S. EMANUEL Law Assistant BEN G. ESTES Law Assistant ELEANOR D. HENDERSON Law Assistant CHARLES N. HOOPER Law Assistant SAMUEL D. HEWLETT, III Law Assistant DAVID W. HUNT Law Assistant DOUGLAS B. KIDD Law Assistant ROSEMARY KITTRELL Law Assistant CLARENCE LORENTZSON Law Assistant STEPHANIE B. MAVIS Law Assistant BARRY S. MITTENTHAL Law Assistant LEE PERRY Law Assistant MAUD SANDERS Law Assistant CHARLES E. WEBB Law Assistant WARREN A. WEBB Law Assistant SIMON J. WEINSTEIN Law Assistant MRS. SHERIE WELCH Law Assistant DENNIS A. YORK Assistant to the Court MRS. JOLINE BATEMAN WILLIAMS 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, 1978 JOHN SAMMONS BELL Chief Judge BRASWELL D. DEEN, JR. Presiding Judge J. KELLEY QUILLIAN Presiding Judge JULIAN WEBB Judge WILLIAM LEROY McMURRAY, JR. Judge GEORGE T. SMITH Judge ARNOLD SHULMAN Judge HAROLD R. BANKE Judge A. W. BIRSONG, JR. Judge STEPHEN H. BLOCK Law Assistant JEANNE J. BOWDEN Law Assistant ROBERT H. BRINSON, JR. Law Assistant WILLIAM K. CARMICHAEL Law Assistant T. MIL CLYBURN Law Assistant SALLY ELIZABETH CONLIN Law Assistant MARGARET W. DEIMLING Law Assistant DAN GHENT Law Assistant KENNETH A. HOWARD Law Assistant RONALD F. JOHNSON Law Assistant STANLEY E. KREIMER, JR. 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 JEAN J. YOUNG 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

"GA1978.1.2638">

JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of June 1, 1978 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, Chief Judge, Pembroke JAMES E. FINDLEY Judge, Reidsville. DUPONT K. CHENEY, D.A., Hinesville. BryanThird Monday in March; first Monday in November. EvansFirst Monday in February 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, Chief Judge, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta.

"GA1978.1.2639">

BurkeSecond Monday in May November. ColumbiaFourth Monday in March September. RichmondThird Monday in January, March, May, July, September November. BLUE RIDGE CIRCUIT. HONS. MARION T. POPE, JR., Chief Judge, P.O. Box 589, Canton; RICHARD B. NEVILLE, JR., Judge, Cumming. FRANK C. MILLS, III, D.A., 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. GORDON KNOX, JR., Chief Judge, Hazlehurst. WILLIAM R. KILLIAN, Judge, Brunswick. 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. JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus. OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, Judge, Columbus. KENNETH BEMIS FOLLOWILL, Judge, P.O. Box 1340, Columbus. WILLIAM J. SMITH, D.A., Columbus 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.

"GA1978.1.2640">

CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Judge, Cartersville. JESSIE CORNELIA MADDOX, Judge, Calhoun. 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. ROBERT E. KELLER, D.A. Jonesboro. ClaytonFirst Monday in February, May, August November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, Chief Judge, 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., Chief Judge, Dalton. COY H. TEMPLES, Judge, Dalton. CHARLES A. PANNELL, JR., D.A., Chatsworth. MurraySecond Monday in February August. WhitfieldSecond Monday in January July. 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.

"GA1978.1.2641">

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, Chief Judge, FRANK S. CHEATHAM, JR., PHYLLIS KRAVITCH, Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Monday in March, June, September December. FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Barnesville. R. ALEX CRUMBLEY, Judge, P.O. Box 775, McDonough. 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 Monday in March; second Monday in September. PikeThird Monday in April November. SpaldingFirst Mondays in February, June October.

"GA1978.1.2642">

UpsonThird Mondays in March August; first Monday in November. GWINNETT CIRCUIT. HONS. CHAS. C. PITTARD, Chief Judge, Duluth; REID MERRITT, Judge, Lawrenceville. 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, Chief 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. C. CLOUD MORGAN, Chief Judge, Macon; GEORGE B. CULPEPPER, III, Judge, Fort Valley; WALKER P. JOHNSON, Judge, Macon. WILLARD DONALD THOMPSON, 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., Chief Judge, P.O. Box 701, Sandersville; MARVIN B. HARTLEY, JR., Judge, 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.

"GA1978.1.2643">

MOUNTAIN CIRCUIT. HON. JACK N. GUNTER, Judge, P.O. Box 485, Clarkesville. 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, Chief Judge, JAMES E. PALMOUR, III, Judge, 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, Chief 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.

"GA1978.1.2644">

OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Chief Judge, P.O. Box 865, Eastman. PRESTON N. RAWLINS, JR., Judge, McRae. PHILLIP R. WEST, D.A., P. O. Box 571, 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. CHARLES M. FERGUSON, D.A., Cuthbert. ClayThird Monday in March and November. EarlyThird Monday in January and July. MillerFourth Monday in February 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.

"GA1978.1.2645">

ROME CIRCUIT. HONS. ROBERT L. ROYAL, Chief Judge, JOHN A. FRAZIER, JR., Judge, 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. ANTHONY WALLACE CATO, Judge, Bainbridge. BakerThird Monday in January and July. CalhounLast Monday in May and November. DecaturFirst Monday in February, May, August and November. GradyThird Monday in March 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 April and November. ColquittFirst Monday in February and August. EcholsFirst Monday in February and August. LowndesFirst Monday in March, and the Tuesday immediately following the first Monday in September. ThomasFirst Monday in April and October. SOUTHWESTERN CIRCUIT. HON. WILLIAM F. BLANKS, Judge, Circuit Office, P.O. Box 784, Americus. CLAUDE N. MORRIS, D. A., Americus. LeeFourth Monday in April and October. MaconSecond Monday in May and November. SchleySecond Monday in February and August. StewartSecond Monday in January and July. SumterFourth Monday in February, May and August; first Monday in December. WebsterFourth Monday in January and July. STONE MOUNTAIN CIRCUIT. HONS. WILLIAM T. DEAN, Chief Judge, Conyers; CLARENCE L. PEELER, JR.; CURTIS V. TILLMAN; CLYDE HENLEY;

"GA1978.1.2646">

EWELL T. HENDON, JR.; ROBERT K. BROOME; KEEGAN FEDERAL, Judges, Decatur. 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. ARTHUR W. FUDGEN, Judge, Dallas, ROBERT J. NOLAND, Judge, Douglasville. 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.

"GA1978.1.2647">

WAYCROSS CIRCUIT. HON. BEN A. HODGES, Chief 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, Chief Judge, Athens. JOSEPH J. GAINES, 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.

"GA1978.1.2648">

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Ad valorem taxation in certain counties (600,000 or more) 2522 Ad valorem tax exemption in certain counties (600,000 or more) 2397 Ad valorem tax on certain livestock 2385 Banks County; homestead exemption for tax purposes 2438 Bibb County; homestead defined 2360 Butts County; homestead exemption for school taxes 2401 Carroll County; civil service system 2343 Charlton County; civil jurisdiction of justices of the peace 2329 Chatham County and City of Savannah; school system 2351 Chatham County; board of education 2341 Chatham County; homestead exemptions 2373 Chatham County; homestead exemption for school tax purposes 2448 Clarke County; sheriff's duties 2313 Clarkesville, City of; homestead exemptions 2354 Cherokee County; jurisdiction of justice of the peace 2472 Claims against State not in excess of $500.00 2433 Cobb County; homestead exemptions 2364 Compensation for innocent victims of crime 2403 Conyers, City of; public facilities authority 2478 Counties and municipalities; redevelopment powers 2386 Crisp County-Cordele Industrial Development Authority 2326 DeKalb County; ad valorem tax exemptions 2378 DeKalb County; ad valorem tax rate 2474 DeKalb County; form of government 2370 DeKalb County; homestead defined 2349 DeKalb County; homestead exemption for tax purposes 2519 DeKalb County; jurisdiction of justices of the peace 2380 DeKalb County; recall of members of board of education 2524 DeKalb County; retirement home authority 2497 DeKalb County; school district homestead exemptions 2389 DeKalb County; special service tax districts 2468 Douglasville, City of; ad valorem tax exemption 2320 Downtown Americus Authority 2455 Downtown Conyers Development Authority 2476 Downtown West Point Development Authority 2331 Effective date of Constitutional Amendments 2395 Elective franchise 2365 Fayette County; industrial building Authority membership 2339 Financing services in certain counties (600,000 or more) 2423 Fulton County, board of education pension fund 2312 Fulton County; branch offices for conducting county business 2426 Fulton County; homestead exemptions 2367 Fulton County; retirement and pension benefits 2383 Fulton County; seven member planning commission 2411 Fulton County; traffic engineering 2421 Governor's Veto 2516

"GA1978.1.2649">

Gwinnett County; compensation of members of board of education 2361 Habersham County; homestead exemption for tax purposes 2444 Health insurance for retired public school teachers 2435 Homestead exemption for certain disabled veterans 2399 Houston County; arbitration board 2453 Incorporating Amendments to the Constitution 2316 Indemnification with respect to death of law enforcement officers, firemen and prison guards 2437 Intangible property, ad valorem tax 2381 Jackson County; jurisdiction of justices of the peace 2471 Jones County; taxation for use of development authority 2337 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority 2334 Lanier County; jurisdiction of justices of the peace 2352 Library facilities in certain counties (600,000 or more) 2418 Lithonia, City of; homestead exemptions 2375 Lowndes County; regulation of itinerant businesses 2333 Lowndes County; street improvements, etc., in unincorporated areas 2446 Macon, City of; fireman and police pension fund 2311 Macon, City of; homestead exemptions 2357 Monroe County; powers of grand jury 2345 Newnan, City of; powers of board of water, sewerage and light commissioners 2347 Nonprofit bingo games 2392 Paulding County; civil service system 2431 Payment for private property taken for public transportation purposes 2318 Penalty assessments in criminal cases 2310 Pike County; ad valorem tax returns 2405 Planning in certain counties, (600,000 or more) 2408 Polk County; jurisdiction of justices of the peace 2346 Publication of Constitutional Amendments 2427 Recall elections of public officials 2394 Retirement systems and educational scholarships 2505 Richmond County; garbage disposal 2355 Rockdale County; recall elections 2450 Roswell, City of; homestead exemption 2430 Sanitary landfills in certain counties (600,000 or more) 2413 Savannah, City of; homestead exemption for school tax purposes 2448 Spalding County; ordinances 2315 Special elections; write in candidates 2515 Stephens County; homestead exemption for tax purposes 2440 Tax returns and payments in certain counties (600,000 or more) 2406 Toccoa-Stephens County Building and Parks Authority 2322 Unified municipal/county water and sewer systems in certain counties (600,000 or more) 2415

"GA1978.1.2650">

Upson County; sales and use tax 2494 Walker County; civil jurisdiction of justices of the peace 2342 Wayne County; jurisdiction of justices of the peace 2434 White County; homestead exemption for tax purposes 2442 CODE SECTIONS Chapters 7-3, 7-4, enacted 2270 9-401.2, amended 1949 13-203, amended 1710 13-203.1, amended 2068 23-1704, amended 2029 23-2304, amended 1048 24-107, repealed 899 24-820, amended 1693 Chapter 24-17, amended 1939 24-1705, amended 1038 24-1710, amended 891 24-1802, amended 891 24-2603.3, enacted 1370 Chapter 24-27, amended 1787 24-2715, amended 1654 24-2801, amended 244 Title 24A, amended 1512 24A-2501, amended 1758 26-1007 through 26-1009, enacted 903 26-1312, amended 1420 26-1507, amended 1658 26-1601, amended 236 26-1704, amended 2020 26-1709, amended 1985 26-1802, amended 2257 26-1802.1, enacted 2257 26-1812, amended 1457 26-2001, amended 3 26-2703, amended 851 26-2713, amended 1779 26-2801, amended 228 26-2904, amended 1607 26-9912, enacted 2195 26-9913, enacted 2199 27-101, amended 2033 30-127, amended 258 32-904, amended 1074 , 1446 32-935, repealed 1726 32-942.1, enacted 1446 , 1462 32-1106, repealed 309 32-1116 through 32-1118, repealed 309 32-1127, repealed 309 Title 34, amended 1004 34-605, amended 1035

"GA1978.1.2651">

34-605.1, amended 1037 34-610, amended 1023 34-705, 34-706, amended 812 34-1003, amended 1781 34-1112, enacted 1979 34-1208, amended 1979 Chapter 34-13, amended 1039 34-1406.1, enacted 900 Title 34A, amended 1025 , 1045 34A-503, amended 1035 34A-1004, amended 1024 34A-1108, amended 1024 Chapter 34A-12, amended 1042 38-415, amended 1657 38-1205, amended 2000 Chapter 40-6A, enacted 911 Chapter 40-15, amended 309 40-1814, amended 220 40-1902, amended 1144 , 1701 40-1904, repealed 1054 Title 41A, amended 1717 Chapter 41A-5, amended 1714 Chapter 41A-27, enacted 1712 Title 45, amended 816 , 1552 45-302.1, enacted 2264 45-302(h), enacted 935 45-529, amended 1755 47-101, amended, House districts 73, 78 1043 Chapter 49-6, amended 1531 Title 56, amended 1149 56-203.1, enacted 2297 56-319.1, enacted 2023 56-407.1, amended 1895 Chapter 56-5, amended 2073 56-507, amended 1423 , 1936 56-615, amended 2025 56-704, amended 2016 56-705, amended 2016 56-1016, amended 1936 56-1042, amended 1639 56-1042, enacted 1936 56-1313, amended 215 56-2430.3, enacted 2017 56-3002, amended 1522 56-9912, amended 215 59-106, amended 1611 59-108, amended 1377 59-112, amended 221 , 1379 59-202, amended 906 59-305, 59-306, repealed 309 59-709, amended 910

"GA1978.1.2652">

Title 61, amended 938 65-213.1, enacted 1422 Chapter 67-7, amended 1705 67-2001, amended 243 Title 68, amended 2241 68-206, enacted 901 68-221, amended 927 Title 68A, amended 1483 68A-706, amended 2065 68A-804, amended 1967 68A-1112, amended 1601 Title 68B, amended 225 68B-202, amended 931 , 2189 68B-215, amended 920 68B-218, amended 2191 68B-307, amended 1655 68B-316, amended 1452 68C-101, amended 1494 68C-301, amended 1494 68C-307.1, amended 1527 Title 68D, enacted 2302 Chapter 69-15a, enacted 1898 74-107, amended 258 Chapted 74-5, enacted 258 74-711, amended 2059 76-101, amended 1924 76-201, amended 1924 79-501, amended 1365 Title 79A, amended 1668 79A-202.1, enacted 1962 79A-206, amended 1962 79A-401.1, enacted 1962 79A-811.1, enacted 2237 84-507, amended 2050 84-601, amended 1454 Chapter 84-7, amended 240 84-724, amended 1760 84-907, amended 1381 84-927, amended 223 84-1004, amended 1635 Chapter 84-14, amended 231 84-1405, amended 953 Chapter 84-16, amended 1488 84-1611, amended 1753 84-4004, amended 1526 Chapter 84-56, enacted 1728 84-6613, amended 1505 84-9982, enacted 1728 Title 88, amended 941 Chapter 88-2, amended 2031 88-310, amended 1663

"GA1978.1.2653">

Chapter 88-4, amended 1856 Chapter 88-5, amended 1567 , 1789 Chapter 88-9, repealed 275 Chapter 88-12, amended 2262 88-1803, amended 1974 88-1804.1, enacted 2009 88-1805, amended 1970 88-1901, amended 1757 88-1911, amended 1969 88-2010, enacted 811 Chapter 88-25, amended 1826 Chapter 88-31, amended 1068 Chapter 88-33, enacted 1726 89-827 through 89-831, repealed 309 89-834, repealed 309 91-104a, amended 1047 Title 91A, created 309 Title 92, repealed 309 92-14, amended 186 92-3007, amended 1469 92-3106, amended 1471 92-3107, amended 1456 92-3108, amended 1456 92-3118, amended 1444 92-3216, amended 1748 92-3701, amended 2006 92-3902A, amended 928 92-4801, amended 1703 92-5702, amended 1950 92-5708, amended 1778 92-5910, amended 1603 92-6010, amended 1604 92-6201, amended 1700 92-6903, amended 1751 Title 95A, amended 1989 95A-1307, enacted 1473 101-202, amended 2288 105-1301, amended 2218 105-106, amended 2202 , 2218 , 2267 Chapter 109A-9, amended 1081 113-607, amended 1605 113-1301, amended 1509 Title 114, amended 2220 SUPREME COURT Justices, compensation 4 Record retention rules 1372

"GA1978.1.2654">

COURT OF APPEALS Judges' compensation 4 SUPERIOR COURTS See also General Index under name of County Alcovy Circuit; additional judge 1064 Atlanta Circuit; assistant district attorneys 2170 Brunswick Circuit; terms 878 Cherokee Circuit; additional judge 959 Clerks' retirement system, benefits, etc. 2069 Clerks' salaries 937 Cobb Circuit; additional judge 970 Deposit of funds in registry of court 1704 Dismissal of appeals for failure to pay court costs 1986 District attorneys compensation 4 Electronic or mechanical selection of jurors 1377 Griffin Circuit; supplement to judges and district attorney 879 Griffin Circuit; terms 1481 Habeas Corpus clerks, etc. in certain judicial circuits 2051 Judges' compensation 4 Lookout Mountain Circuit; additional judge 949 Ogeechee Circuit; additional judge 1050 Recordation of deeds by clerks 1654 Recording of criminal cases by clerks 1787 Recording of maps, plats, etc. by clerks 1616 Rome Circuit; assistant district attorney 886 South Georgia Circuit; additional judge 975 Travel expenses of judges 1371 JUVENILE COURTS Juvenile Court Code amended 1512 Transfer of cases to other courts 1758 PROBATE COURTS See also General Index under name of County Costs 1939 Disqualification of judges, clerks 891 Judges' bonds 1038 Judges' salaries 1953 Notice of motion for probate of will in solemn form 1605 STATE COURTS See also General Index under name of County Clayton County; judge's salary 3581 Cobb County; additional judge 3253 Cobb County; magistrates 4096 Glynn County; clerk's compensation 4357

"GA1978.1.2655">

Habersham County; solicitor's secretary 3608 Hall County; solicitor's salary, etc. 3531 Long County; solicitor's salary 4065 Muscogee County; salaries of solicitor and assistant 4113 Peace warrants 1924 Spalding County; terms 3441 Stephens County; salaries 3156 Sumter County; compensation of judge and solicitor 3344 Thomas County; judge's salary 3259 Thomas County; solicitor's salary 3262 Troup County; salaries 3211 Wayne County; solicitor's salary, secretarial allowance, etc. 4071 COUNTIES AND COUNTY MATTERS Counties See General Index by name of County. COUNTY MATTERS BY POPULATION 2,750-3,250; salary act for commission clerks repealed 3612 4,000-4,575; compensation of tax collectors 1147 7,040-7,055; small claims courts 3514 7,300-7,350; coroners' compensation 3340 9,705-9,905; sale of alcoholic beverages 1562 10,450-10,650; probate judges' salaries 4407 10,450-10,650; sheriffs' salaries 3537 10,450-10,650; tax returns 1700 12,950-13,150; burial expenses for paupers 1048 13,650-14,750; tax returns 3591 18,358-19,148; small claims courts 3821 18,500-19,000; compensation of boards of education members 1049 19,500-19,700; small claims courts 3821 26,290-27,280; compensation of county commissioners 4430 32,500-32,800; sale of alcoholic beverages by private clubs 1550 35,000-44,000; expenses of members of governing authorities 3857 100,000 or more; billiard room licenses, etc. 1488 145,000-165,000; compensation of named elected officials 3860 170,000-195,000; alcoholic beverages, referendum 932 170,000-195,000; boards of elections 3778 185,000-190,000; sheriffs' compensation 4095 200,000 or more; recording of grand jury proceedings 909 200,000-600,000; board of registrations and elections 3677 200,000-600,000; Sunday sales of intoxicating beverages 3909 300,000 or more; act providing salaries and expenses for members of boards of education repealed 3929 400,000-600,000; assistant county administrators (estates) 1509 600,000 or more; absentee ballots 900 600,000 or more; ad valorem tax exemptions, proposed amendment to the Constitution 2397 600,000 or more; ad valorem taxation; proposed amendment to the Constitution 2522 600,000 or more; county boards of tax assessors 4609

"GA1978.1.2656">

600,000 or more; county planning, proposed amendment to the Constitution 2408 600,000 or more; financing of services 4656 600,000 or more; financing services, proposed amendment to the Constitution 2423 600,000 or more; library facilities, proposed amendment to the Constitution 2418 600,000 or more; salaries and expenses of members of boards of education 3929 600,000 or more; sanitary landfills, proposed amendment to the Constitution 2413 600,000 or more; tax returns and tax payments, proposed amendment to the Constitution 2406 600,000 or more; unified water and sewer systems, proposed amendment to the Constitution 2415 More than 600,000; annexation 4667 COUNTY MATTERSHOME RULE ACTIONS DeKalb County; board of commissioners meetings 4696 DeKalb County; executive assistant 4683 DeKalb County; merit council 4691 DeKalb County; non merit employees 4678 DeKalb County; pension act 4700 Floyd County; board of commissioners act prohibiting neopotism amended 4710 Floyd County; board of commissioners merit system act amended 4707 Floyd County; board of commissioners time of meetings changed 4704 Gwinnett County; meetings of board of county commissioners 4715 Hall County; civil service system 4718 Richmond County; tenure act repealed, personnel board, etc. established 4721 White County; soil erosion and sedimentation control ordinance 4728 MUNICIPAL CORPORATIONSNAMED CITIES See also General Index under name of City. MUNICIPALITIESBY POPULATION 100,000 or more; billiard room licenses, etc. 1488 150,000 or more; actuarial investigations, etc., of police retirement systems 4507 150,000 or more; employees' pension act amended 4013 More than 150,000; actuarial investigations, etc. of retirement systems 4504 , 4506 More than 300,000; paid fire department pension fund act amended 4508

"GA1978.1.2657">

More than 300,000; pension system for officers and employees amended 4546 More than 300,000; police department pension system act amended 4527 MUNICIPALITIESHOME RULE AMENDMENTS Albany, City of; assessments for street improvements 4746 Albany, City of; assistant city manager 4754 Albany, City of; city treasurer 4751 Albany, City of; public transportation system 4749 Albany, City of; sewer extensions 4756 Atlanta, City of; city attorney 4760 Atlanta, City of; mayor's subpoena powers 4768 Atlanta, City of; removal of department directors 4763 Byron, City of; salaries of mayor and aldermen 4772 Conyers, City of; new charter 4774 Covington, City of; salaries of mayor and councilmen 4812 Elberton, City of; recorder's court 4816 Gainesville, City of; civil service employment 4822 Gainesville, City of; compensation of commissioners 4819 Jesup, City of; salary of city manager 4826 College Park, City of; continuance of disability pension 4832 College Park, City of; pension for disability 4828 College Park, City of; salaries of mayor and councilmen 4834 Macon, City of; charter 4844 Macon, City of; civil service system 4885 Macon, City of; employee strikes, etc. 4881 Macon, City of; removal of judges 4889 Macon, City of; retirement of fire and police department employees 4839 Morrow, City of; city manager 4892 , 4895 Morrow, City of; elections 4893 Morrow, City of; tax assessments 4899 Mountain View, City of; recorder's court 4901 Plains, City of; charter amended 4906 Savannah, City of; removal of debris, etc. 4911 Temple, City of; council districts 4914 Waycross, City of; budget hearings 4919 RESOLUTIONS AUTHORIZING COMPENSATION Austin, Dr. John S. Jr. 4592 Cavender, Wayne 4603 Culberson, Richard H. 4588 Duffey, Wesley 4601 Fowler, Jerry L. 4593 Holder, Ms. Janet 4590 Ireland, Tom E. 4605 Kleinhans, Ms. Pat 4596 Martin, Mrs. George Ellis 4597 Nantz, Wilson A. 4599

"GA1978.1.2658">

Norris, Harold 4600 Peeples, Nancy B. 4594 Suther, Tom 4589 Thomas, Lewis W. 4602 Wright, James H. 4591 Young, Miss Henrietta 4595 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Bainbridge, City of; land in, conveyance 2145 Brunswick, City of; land exchange 2167 Cartersville, City of; air rights 2137 Catoosa County; land in, conveyance 2142 Chattanooga Housing Authority; conveyance 2121 , 2123 Colonial Pipeline Co.; easement 2158 GAF Corporation; easement 2100 Georgia Forestry Commission; lease by 2161 Liberty Independent Troop Corporation 1079 Marietta, City of; lease extended 2147 Metropolitan Atlanta Rapid Transit System; easement 2117 Omni International, Inc. and Omni International, Ltd.; lease amendment 2079 Pelham Development Authority; lease 877 Pulaski County; land in, conveyance 2155 Ringgold, City of; conveyance 2153 Rol, Inc.; land exchange 2163 St. Marys, City of; easement 2156 Sconyers, Grady M. Mrs. Cortez H., conveyance 2128 State Farmers Market, Dillard; boundary line agreements 2096 Wayne County; conveyance to 2140 Whitfield County; land in, conveyance 2132 Youth Estate, Inc.; conveyance to 2143 MISCELLANEOUS RESOLUTIONS Adams, Wallace, golf course designated 4587 Charge to Coordinating Committee for exceptional individuals 2115 Code Revision Commission membership 230 Council on the deaf created 2150 Displaced Homemakers Advisory Council created 2130 Georgia school laws Recodification Committee 2113 Golden Isles Highway and Golden Isles Connector designated 2138 Graves, Mrs. Amilee C., commended, etc. 4585 Hodges, General Courtney Hicks, building designated 4607 Joint stop drugs at the source study committee created 2111 Loan of portrait of Governor William J. Northen 2078 Plan for the development of services to troubled children 2110 Presidential Route designated 2103 Richmond County-City of Augusta service district study 3115

"GA1978.1.2659">

Select Committee on Constitutional Revision amended 2134 Services for the Aged Study Committee created 2107 State authorities study committee created 2152 Tax Reform Commission created 1076 Termination date of Employment Agency Advisory Council 2097 Termination date of Georgia Auctioneers Commission 2106 Termination date of State Board of Examiners of Speech Pathology and Audiology 2149 Termination date of State Board of Geologists Examiners 2136 Termination date of State Board of Registration for Professional Soil Classifiers 2099 Termination date of State Building Administrative Board 2098 Treutlen, Gov. John Adam, highway designated 4606

"GA1978.1.2660">

GENERAL INDEX A ABSTRACTS OF DRIVERS OPERATING RECORDS Furnishing copies 920 ACCIDENT AND SICKNESS INSURANCE Insurance Code amended 1149 Preexisting conditions 2036 ADAMS, WALLACE Golf course designated 4587 ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Allotment of elementary instructional specialists 2034 Amended 917 , 1146 Amended, adult eduactional programs 996 Amended, transfer of sick and personal leave 990 Certification of teachers, etc. 2058 Classroom aides 2039 Community education activities 2040 Coordination with other State Agencies 2037 Objectives and purposes 1486 Special education leadership units 1485 ADMINISTRATIVE PROCEDURE ACT Amended 1362 Amended, adoption of rules, etc. 1437 ADMINISTRATIVE SERVICES, DEPARTMENT OF Commissioner's compensation 4 Documentation of certain expenses by State employees 1919 Mileage allowance for use of private vehicles 1786 , 1894 Surplus properties 1701 ADJUTANT GENERAL Compensation 4 AGRICULTURE Inspection of fluid milk and milk products 1988 Licensing and bonding of dealers 1450 Liming materials Act of 1976 amended 1506 Payments at livestock auctions 2061

"GA1978.1.2661">

Plant Food Act of 1970 amended 218 Special sales of livestock 1467 AIR QUALITY ACT OF 1978 Enacted 275 AIRPORTS Airport Licensing 1932 ALBANY, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits 4498 ALBANY-DOUGHERTY HOSPITAL AUTHORITY Vacancies 4136 ALCOHOLIC BEVERAGES Licensing, etc. 1426 Refunds for tax stamps 1645 Retail licenses 1376 Sale by private clubs in certain counties (32,500-32,800) 1550 Sale in certain counties (9,705-9,905) 1562 Sale, etc. in certain counties (170,000-195,000) 932 Sale in private clubs 1155 Sunday sales in certain counties (200,000-600,000) 3903 ALCOHOLISM ADVISORY COUNCIL Defined 2048 ALCOVY JUDICIAL CIRCUIT Additional judge 1064 ALPHARETTA, CITY OF Corporate limits 3926 ALAPAHA, TOWN OF Corporate limits 3371 ALIMONY Modification of permanent alimony judgments 2204

"GA1978.1.2662">

ALTERATION OF MAXIMUM SPEED LIMITS Regulated 1967 ALTERNATE GRAND JURORS Provisions relating to alternate grand jurors 906 AMERICUS, CITY OF Downtown Americus Authority, proposed amendment to the Constitution 2455 APPELLATE PROCEDURE Dismissal for failure to pay costs in trial court 1986 APPLIED PSYCHOLOGISTS Licenses, etc. 1686 APPLING COUNTY Commissioners' salaries 3863 Compensation of tax commissioner 4087 Fees for collection of school taxes 4084 Salaries of sheriff and clerk of Superior Court 3865 Salary of judge of probate court 4085 Sheriff's salary 4082 Terms of superior court 878 APPORTIONMENT House of Representatives, Districts 73, 78 1043 APPROPRIATIONS General Appropriations Act enacted 1165 Funds for common schools 1726 Supplemental Appropriations Act 10 ARBITRATION Construction contracts, medical malpractice claims 2270 ARCHIVES AND HISTORY Georgia Records Act amended 1372 ATHENS, CITY OF Appearance of vacant lots, etc. 3482

"GA1978.1.2663">

ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Residency requirements for mayor and council members, etc. 4625 , 4671 Unified AtlantaFulton County water and sewer system Act 4637 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys 2170 ATTORNEY GENERAL Compensation 4 AUBURN, TOWN OF Recorders' Court, etc. 3266 AUCTIONEERS COMMISSION Termination date 2106 AUGUSTA, CITY OF Fire department 4157 Richmond County-City of Augusta Service District Study 3115 AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY ACT Amended, sales taxes 4673 AUGUSTA-SAVANNAH RIVER PARKING AND URBAN REDEVELOPMENT AUTHORITY Name changed, projects 4159 AUSTIN, DR. JOHN S. JR. Compensation for damages 4592 AUTHORITIES State Authorities Study Committee created 2152 AUTHORITIES, PUBLIC Development Authorities Law amended 1162

"GA1978.1.2664">

B BACON COUNTY Deputy sheriffs, etc. 3905 Small Claims Court Act amended 4222 BAINBRIDGE, CITY OF Land conveyance 2145 BAKER COUNTY Additional judge of superior court 975 Sheriff's salary, etc. 3735 BALDWIN COUNTY Compensation of County Commissioners 3597 Jurisdiction, etc. of small claims court 3599 BANKS AND BANKING Airport branches 2068 Branch banks 1710 Commissioner's compensation 4 Days of operation, etc. 1714 Financial Institutions Code of Georgia amended 1717 International Bank Agencies 1712 BANKS COUNTY Homestead exemption for tax purposes, proposed amendment to the Constitution 2438 BARROW COUNTY Act creating board of commissioners amended 4232 Compensation of tax commissioner 4235 BARTOW COUNTY Additional judge of superior court 959 Coroner's compensation 4502 BEARS Protection of beehives 1755 BEEHIVES Protection from bears 1755

"GA1978.1.2665">

BIBB COUNTY Ad valorem tax administration 3738 Compensation of members of board of education and orphanage 4007 Homestead defined, proposed amendment to the Constitution 2360 BICYCLES Application of rules of the road 1483 BILLIARD ROOMS Admission of persons under 18 years of age 1753 Licenses, etc. in certain counties and municipalities (100,000 or more) 1488 BINGO Licensing, etc. of non-profit bingo 853 Non-profit bingo games, proposed amendment to the Constitution 2392 BLASTING Requirements 1659 BLASTING STANDARDS ACT OF 1978 Enacted 1624 BLECKLEY COUNTY Jurisdiction of small claims court 3690 BLOOMINGDALE, CITY OF Corporate limits 4076 Corporate powers, referendum 4073 Police court 4079 BLUE AND GRAY MUSEUM Loan of portrait of Governor William J. Northen 2078 BOARD OF ATHLETIC TRAINERS Effective date 2045 BOARD OF DENTISTRY Amended 240

"GA1978.1.2666">

BOARD OF EXAMINERS OF SPEECHPATHOLOGY AND AUDIOLOGY Termination date 2149 BOARD OF FAMILY PRACTICE Act amended 923 BOARD OF GEOLOGISTS EXAMINERS Termination date 2136 BOARD OF OCCUPATIONAL THERAPY Review by General Assembly 1761 BOARD OF OFFENDER REHABILITATION ACT Amended 1647 BOAT SAFETY ACT Amended 1743 BONDS Revenue Bond Law amended 2062 BOSTON, CITY OF Mayor and aldermen, terms of office, etc. 3414 BRANTLEY COUNTY Act placing officers on salary basis amended 3850 Compensation of board of commissioners 4138 Deputy sheriffs, etc. 4567 BRUNSWICK, CITY OF Exchange of land authorized 2167 Recorder 4465 BRUNSWICK JUDICIAL CIRCUIT Terms 878 BRYAN COUNTY Board of education members, referendum 3774 BULLOCH COUNTY Additional judge of superior court 1050

"GA1978.1.2667">

County commissioners' clerical assistant 3653 Deputy sheriffs' compensation 3622 Salaries of employees of clerk of superior court 3630 Salaries of tax commissioners' assistants, etc. 3627 Salary of clerical employee of probate judge 3632 Small claims court 3161 BURGLARY Defined, punishment 236 BURIAL EXPENSES FOR PAUPERS Expenses in certain counties (12,950-13,150) 1048 BURKE COUNTY Probate court personnel, etc. 3692 BUS PASSENGER SAFETY ACT Enacted 2238 BUTTS COUNTY Board of education, referendum 3368 Homestead exemption for school taxes, proposed amendment to the Constitution 2401 BYRON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Recorder's court 4431 C CAIRO, CITY OF Executions for indebtedness past due to city 3175 CALHOUN CITY Additional judge of superior court 975 CAMDEN COUNTY Terms of superior court 878 CANCELLATION OF INSURANCE POLICIES Notification, etc. 2017

"GA1978.1.2668">

CARROLL COUNTY Civil services system, proposed amendment to the Constitution 2343 CARROLLTON, CITY OF Elections 3839 Election of board of education 4169 CARTERSVILLE, CITY OF Conveyance of air rights 2137 CASH APPEARANCE BONDS Traffic offenses 1493 CATOOSA COUNTY Additional judge of superior court 949 Clerical assistance for county commissioners 4206 Clerical assistance for probate court 4215 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority, proposed amendment to the Constitution 2334 Land conveyance authorized 2142 Salary and budget of sheriff 4212 Salary of tax commissioner, etc. 4209 CAVENDER, WAYNE Compensation for damages 4603 CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT Amended 1492 CHAMBLEE, CITY OF Penalties for violating ordinances 4238 CHANGE OF NAME Consent of and service on parents of minors 1365 CHARLTON COUNTY Civil jurisdiction of justices of the peace, proposed amendment to the Constitution 2329 CHATHAM COUNTY Board of education, proposed amendment to the Constitution 2341

"GA1978.1.2669">

Chatham County and City of Savannah school system, proposed amendment to the Constitution 2351 Compensation of named county officers, etc. 4069 Homestead exemptions for school tax purposes, proposed amendment to the Constitution 2448 Homestead exemptions, proposed amendment to the Constitution 2373 Water and sewer authority members 4407 CHATTAHOOCHEE COMPACT Enacted 1497 CHATTAHOOCHEE COUNTY Board of commissioners, salaries 3248 CHATTANOOGA HOUSING AUTHORITY Land conveyance authorized 2121 , 2123 CHATTOOGA COUNTY Additional judge of superior court 949 Compensation of board of education, referendum 3848 CHECKS Bad checks, present consideration defined 2020 CHEROKEE COUNTY County commissioners, referendum 3029 Jursdiction of justices of the peace, proposed amendment to the Constitution 2472 CHEROKEE JUDICIAL CIRCUIT Additional judge 959 CHICKAMAUGA, CITY OF Recorder 3841 CHILD ABUSE Reports of, etc. 2059 CHILD CUSTODY Uniform Child Custody Jurisdiction Act enacted 258

"GA1978.1.2670">

CHILD CUSTODY INTRASTATE JURISDICTION ACT OF 1978 Enacted 1957 CHILDREN Cruelty, crimes 228 Employment of children 2208 CHILDREN AND YOUTH ACT Amended, records 1510 CHIROPRACTORS Educational qualifications 2050 CIVIL COURT OF RICHMOND COUNTY Judges, marshal 3341 CIVIL DEFENSE ACT OF 1951 Amended 1600 CLAIMS AGAINST THE STATE Claims against State not in excess of $500.00, proposed amendment to the Constitution 2433 CLARKE COUNTY Compensation of board of commissioners 3373 Magistrate's court, costs etc. 3375 Sheriff's duties, proposed amendment to the Constitution 2313 Use of school tax, referendum 4573 CLARKESVILLE, CITY OF Homestead exemptions, proposed amendment to the Constitution 2354 CLARKSTON, CITY OF Terms of office of mayor and council, referendum 3639 CLAYTON COUNTY Compensation of board of commissioners 3672 Compensation of sheriff and clerk of superior court 3586 Office location of board of commissioners 3510 Salary of judge of probate court 3589 Tax Commissioner's compensation 3584

"GA1978.1.2671">

CLAYTON COUNTY, STATE COURT OF Judge's salary 3581 CLERKS OF SUPERIOR COURTS Minimum salary Act amended 937 CLERKS OF SUPERIOR COURT RETIREMENT SYSTEM Benefits, etc. 2069 CLINICAL TRAINING PROGRAM Medical College of Georgia 1381 COASTAL MANAGEMENT ACT OF 1978 Enacted 245 COBB COUNTY Additional judge of superior court 970 Civil service act amended 3637 Homestead exemptions, proposed amendment to the Constitution 2364 Records and identification bureau Act repealed 3527 Sheriff's chief investigator 3529 COBB COUNTY, STATE COURT OF Additional judge 3253 Magistrates 4096 COBB JUDICIAL CIRCUIT Additional judge 970 CODE OF PUBLIC TRANSPORTATION Airport licensing 1932 Axle weight 1965 Load limits, etc. 1989 Ride sharing projects 1473 CODE REVISION COMMISSION Membership 230 COLLEGE PARK, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments

"GA1978.1.2672">

COLLINSVILLE, TOWN OF Charter repealed 3566 COLONIAL PIPELINE COMPANY Easement 2158 COLUMBIA COUNTY Board of commissioners, recall elections 3361 Board of education, referendum 3359 COLUMBUS, CITY OF Recorder's court judge's salary 4461 COMMERCIAL GAMBLING Defined, etc. 851 COMMISSION ON PHYSICAL FITNESS Created 814 COMMISSIONER OF LABOR Employment of children 2208 Salary 4 COMMISSIONER OF OFFENDER REHABILITATION Salary 902 COMMUNITY AFFAIRS, DEPARTMENT OF Expenses of members 1542 Responsibilities of department 1545 COMPENSATION Named State officials 4 COMPTROLLER GENERAL Compensation 4 CONFIDENTIAL INFORMATION Insurance Code amended 215 CONSTABLES Fees 1693

"GA1978.1.2673">

CONSTITUTION, TOWN OF Charter repealed 3568 CONSTITUTIONAL AMENDMENTS Sse also Tabular IndexProposed Amendments to the Constitution. Effective date, proposed amendment to the Constitution 2395 Incorporating amendments, proposed amendments to the Constitution 2316 Publication of Constitutional amendments, proposed amendment to the Constitution 2427 CONSTRUCTION Plumbing Fixtures, etc. 914 CONSTRUCTION CONTRACTS Arbitration Code 2270 CONTRACTORS Bonds for county works 2029 CONTROLLED SUBSTANCES ACT Amended 2237 CONYERS, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Downtown Conyers Development Authority, proposed amendment to the Constitution 2476 New Charter, referendum 3868 Public Facilities Authority, proposed amendment to the Constitution 2478 COOK COUNTY Airport Authority Act 3696 Election of chairman of board of commissioners 3577 COOPERATIVE MARKETING ACT Amended 1422 COORDINATING COMMITTEE FOR EXCEPTIONAL INDIVIDUALS Change to 2115

"GA1978.1.2674">

CORDELE, CITY OF Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 2326 CORNEA AND EYE REMOVAL Medical Examiners 811 CORONERS Compensation in certain counties (7,300-7,350) 3340 CORRECTIONS, STATE BOARD OF Act amended 985 Director's compensation 4 Youthful offender division 922 COUNCIL ON MATERNAL AND INFANT HEALTH Membership 1763 COUNCIL ON THE DEAF Created 2150 COUNTIES Contractors' bonds 2029 Financing services in certain counties (600,000 or more), proposed amendment to the Constitution 2423 Indemnity insurance 1380 Planning in certain counties (600,000 or more), proposed amendment to the Constitution 2408 Redevelopment powers, proposed amendment to the Constitution 2386 Taxes 2006 Unified municipal/county water and sewer systems in certain counties (600,000 or more), proposed amendment to the Constitution 2415 COUNTY BOARDS OF EDUCATION Compensation of board members, transportation of elderly 1446 Expenditures 1462 COUNTY BOARD OF TAX ASSESSORS Members 1751

"GA1978.1.2675">

COUNTY COMMISSIONERS Compensation in certain counties (26,290-27,280) 4430 COUNTY ELECTED OFFICIALS Compensation in certain counties (145,000-165,000) 3860 COUNTY GOVERNING AUTHORITIES Expenses in certain counties (35,000-44,000) 3857 COURT OF APPEALS Judges' compensation 4 COURTS OF RECORD Minutes 899 COVINGTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Charter amended 3519 CRAWFORD COUNTY Probate judge's salary 3603 Small claims court, jurisdiction, etc. 4243 Superior court clerk's employees 3610 Tax commissioner's employees 3601 CREED Insurance rates 1423 CRIME INFORMATION CENTER Dissemination of information 1981 CRIMES Bad checks, present consideration defined 2020 Burglary, punishment 236 Bus hijacking, etc. 2238 Commercial gambling 851 Compensation for innocent victims, proposed amendment to the Constitution 2403 Criminal solicitation 903 Cruelty to children 228 Drug-related printed material 2195 Food stamps 1964 Fraudulent attempts to obtain refunds 1985

"GA1978.1.2676">

Gambling devices, exceptions 1779 Interference with custody 1420 Interfering, damaging, etc. with property 1658 Punishment for theft 1457 Rape defined, punishment 3 Sexual exploitation of children 2193 Shoplifting 2257 Survey monuments 1614 Unauthorized reproduction, etc. of recorded material 1938 Unlawful practices in sale, lease, etc. of housing 1593 Use of certain types of plumbing fixtures 914 Use of term Doctor or Dr. regulated 2046 Violation of Industrial Loan Act 1033 CRIMINAL JUSTICE PLANNING AND COORDINATION ACT OF 1978 Enacted 2004 CRIMINAL PROCEDURE Disposition of articles obtained in in searches and seizures 2260 First Offender Act amended 1621 Penalty assessmentscriminal cases, proposed amendment to the Constitution 2310 Rewards for arrest, etc. of felons 2033 Special adult offender Act of 1975 repealed 1999 CRIMINAL SOLICITATION Defined, etc. 903 CRISP COUNTY Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 2326 CRUELTY TO CHILDREN Crimes 228 CULBERSON, RICHARD H. Compensation for damages 4588 CUSTODY, INTERFERENCE WITH Crime 1420

"GA1978.1.2677">

D DACULA, CITY OF New charter 3040 DADE COUNTY Additional judge of superior court 949 County commissioner's salary, duties, etc. 3842 DALTON, CITY OF Maximum fine in recorder's court 3595 DAMS Georgia Safe Dams Act of 1978 795 DANVILLE, TOWN OF Terms of mayor and councilmen 3635 DAWSON COUNTY Clerk of probate court 3078 DEAF, COUNCIL ON THE Created 2150 DEAF PERSONS Motor vehicle license plaets 1653 DEALERS IN AGRICULTURAL PRODUCTS Licensing and bonding 1450 DECATUR COUNTY Additional judge of superior court 975 Land conveyance 2145 Sheriff's salary 3194 DeKALB COUNTY See also Tabular IndexCounty MattersHome Rule Actions Ad valorem tax exemptions, proposed amendment to the Constitution 2378 Ad valorem tax rate, proposed amendment to the Constitution 2474 Board of education districts, referendum 4104 Commutation tax in lieu of road work repealed 3562

"GA1978.1.2678">

Form of government, proposed amendment to the Constitution 2370 Homestead defined, proposed amendment to the Constitution 2349 Homestead exemption for tax purposes, proposed amendment to the Constitution 2519 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2380 Recall of members of board of education, proposed amendment to the Constitution 2524 Retirement home authority, proposed amendment to the Constitution 2497 School district homestead exemptions, proposed amendment to the Constitution 2389 Special service tax districts, proposed amendment to the Constitution 2468 DENTAL EDUCATION BOARD Members' compensation 4 DENTISTS Board of Dentistry Act amended 240 DENTIST AND DENTAL HYGIENIST Reports of wrong doing 1760 DEPARTMENT OF ADMINISTRATIVE SERVICES Commissioner's salary 4 Documentation of certain expenses by State employees 1919 Mileage allowance for State employees 1786 , 1894 Surplus properties 1701 DEPARTMENT OF COMMUNITY AFFAIRS Expenses of members 1542 DEPARTMENT OF HUMAN RESOURCES Prevention of mental retardation, etc. 2262 Responsibilities of department 1545 Reports of child abuse 2059 DEPARTMENT OF INDUSTRY AND TRADE Membership on board 997 DEPARTMENT OF PUBLIC SAFETY Cash appearance bonds 1493

"GA1978.1.2679">

Motor vehicle operators' licenses 1655 Retirement 1440 Suspension of drivers' licenses 1452 DEPARTMENT OF TRANSPORTATION Permits to transport mobile homes, etc. 1565 DEPARTMENT OF VETERANS SERVICE Director's title 2219 DEVELOPMENT AUTHORITIES LAW Amended 1162 DILLARD Boundary line agreementsState Farmers Market 2096 DISCOVERY Evidence in post judgment discovery proceedings 2000 DISPLACED HOMEMAKERS ADVISORY COUNCIL Created 2130 DISPOSITION OF SURPLUS BOOKS Procedure, etc. 911 DISPOSSESSORY PROCEEDINGS Procedure, etc. 938 DISTRICT'S ATTORNEYS Compensation 4 DISTRICT ATTORNEYS' RETIREMENT FUND Enacted 2173 DIVORCE AND ALIMONY Modification of permanent alimony judgments 2204 DOCTOR OR DR. Use of term regulated 2046 DOUGHERTY COUNTY Albany-Dougherty Hospital Authority, vacancies 4136

"GA1978.1.2680">

Board of county commissioners 3058 Probate judge's salary 3675 DOUGLASVILLE, CITY OF Ad valorem tax exemption, proposed amendment to the Constitution 2320 Elections 3335 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY ACT Amended 3642 DOWNTOWN WEST POINT DEVELOPMENT AUTHORITY Created 3785 DRIVER IMPROVEMENT ACT Enacted 2302 DRIVERS' LICENSE Members of the National Guard 2191 Reserve components of armed forces 2189 DRUG RELATED OBJECTS Crimes 2199 DRUG RELATED PRINTED MATERIAL Crimes 2195 DUBLIN, CITY OF New charter 3702 DUFFEY, WESLEY Compensation for damages 4601 E EARLY COUNTY Small claims court 3010 Tax commissioner's salary 3021 Terms of board of commissioners 3019 ECONOMIC DEVELOPMENT COUNCIL ACT Amended 1434

"GA1978.1.2681">

EDUCATION Adequate Program for Education in Georgia Act amended 917 , 1146 Adequate Program for Education in Georgia Act amended, adult educational programs 996 Adequate program for education act amended, transfer of sick and personal leave 990 Allotment of elementary instructional specialists 2034 Certification of teachers, etc. 2058 Classroom aides 2039 Community education activities 2040 Compensation of Boards in certain counties (18,500-19,000) 1049 Compensation of members of boards in certain counties (400,000-600,000) 1074 Coordination with other State Agencies 2037 Expenditures by county boards 1462 Funds for common schools 1726 Health insurance for public school employees 2268 Health insurance for retired public school teachers, proposed amendment to the Constitution 2435 Postsecondary Educational Authorization Act of 1978 1571 Salaries and expenses of members of boards of education in certain counties (300,000 or more) (600,000 or more) 3929 School law recodification committee 2113 EDUCATION, COUNTY BOARDS OF Compensation of board members, transportation of elderly 1446 Liability insurance 1955 EDUCATION, STATE BOARD OF Compensation 4 EDUCATIONAL IMPROVEMENT COUNCIL Quorum, etc. 1725 EDUCATIONAL SCHOLARSHIPS Article X of Constitution revised, proposed amendment to the Constitution 2505 EFFINGHAM COUNTY Additional judge of superior court 1050 ELBERT COUNTY Small claims court, cost 3337

"GA1978.1.2682">

ELBERTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ELECTRONS Absentee ballots in certain counties (600,000 or more) 900 Boards of elections in certain counties (170,000-195,000) 3778 Boards of registrations and elections in certain counties (200,000-600,000) 3677 Campaign activities, etc. 1039 Georgia Election Code amended 1004 Members of boards of elections 1037 Municipal Election Code amended 1024 , 1025 Municipal Election Code amended, campaign activities 1042 Municipal Election Code amended, elections 1045 Places for registration 1023 Qualifications of registrars, etc. 1035 Recall elections, proposed amendment to the Constitution 2394 Selection of polling places 812 Substituted nominations 1781 Unopposed candidates 1979 Write-in candidates in special elections, proposed amendment to the Constitution 2515 ELECTIVE FRANCHISE Revised article of Constitution, proposed amendment to the Constitution 2365 ELECTRICAL CONTRACTORS Georgia Electrical Contractors Act amended 888 , 956 EMERGENCY MEDICAL SERVICES Department of Human Resources 1068 EMINENT DOMAIN Payment for private property taken for public transportation purposes, proposed amendment to the Constitution 2318 EMPLOYEES' RETIREMENT SYSTEM Amended 1463 Department of Public Safety 1440 Retirement with 30 years service 1652

"GA1978.1.2683">

EMPLOYMENT AGENCY ADVISORY COUNCIL Termination date 2097 EMPLOYMENT SECURITY LAW Amended 1386 ENERGY CONSERVATION BUILDING STANDARDS ACT OF 1978 Enacted 2212 ETHNIC EXTRACTION Insurance rates 1423 EVIDENCE Confidential communications between physicians and patients 1657 Privileged matters 2000 EXAMINING BOARDS Fees 1517 EXECUTIVE REORGANIZATION ACT OF 1972 Division of Vocational Rehabilitation 239 EXTRADITION Uniform Extradition Act amended, District of Columbia 1754 EYE REMOVAL Cornea and eye removal by medical examiners 811 F FAIR BUSINESS PRACTICES ACT OF 1975 Health spas 2001 FAIR EMPLOYMENT PRACTICES ACT OF 1978 Enacted 859 FAIR MARKET VALUE Defined for ad valorem tax purposes 1950

"GA1978.1.2684">

FAIRBURN, CITY OF Penalties for violating ordinances 4141 FAYETTE COUNTY Board of commissioners, elections 3399 Compensation of judge of probate court 4099 Compensation of sheriff 3443 Compensation of tax commissioner 3395 , 3930 Coroner placed on salary 3119 Expenses of board of commissioners 3393 Industrial building authority membership, proposed amendment to the Constitution 2339 Public Facilities Authority Act 3377 Salary of clerk of superior court 4167 Small claims court, qualifications of judge, etc. 3397 Supplement to judges of superior court and district attorney 879 Superior court terms, etc. 1481 FEDERAL INTERGOVERNMENTAL COOPERATION ACT Members 2066 FIDELITY BONDS State officials 1144 FINANCIAL INSTITUTIONS CODE OF GEORGIA Amended 1717 Amended, days of operation, etc. 1714 Amended, international Bank Agencies 1712 FIREMEN Indemnification with respect to death of firemen, proposed amendment to the Constitution 2437 FIRST OFFENDER ACT Amended 1621 FISCAL NOTE ACT OF 1975 Amended 907 FLOYD COUNTY See also Tabular Index County MattersHome Rule Actions Assistant district attorney 886

"GA1978.1.2685">

FOOD STAMPS Crimes 1964 FORECLOSURE OF MORTGAGE ON PERSONALTY Procedure amended 1705 FOREST RESEARCH COUNCIL Duties, etc. 2056 FORESTRY COMMISSION Herty Foundation 2055 Lease of land authorized 2161 FORSYTH, CITY OF Publication of notice to adopt ordinances 3552 FORSYTH COUNTY Airport Authority Act 3490 Civil Service System Act 3572 Compensation of named officers 3488 County administrator's salary 3384 Tax commissioner's salary 3486 FORT OGLETHORPE, TOWN OF Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority, proposed amendment to the Constitution 2334 FOWLER, JERRY L. Compensation for damages 4593 FRANKLIN COUNTY Deputy sheriffs, etc. 3159 Small Claims Court 4412 FULTON COUNTY Assistant district attorneys 2170 Board of education pension fund, proposed amendment to the Constitution 2312 Branch offices for conducting county business, proposed amendment to the Constitution 2426 Civil service board Act amended 4669 County-wide library system 4651 Duties of tax commissioner 4617 Employees' pension Act amended 3823 , 4089

"GA1978.1.2686">

Employees' pensions 3402 Employees' retirement plan of 1978 3770 Homestead exemptions, proposed amendment to the Constitution 2367 Judges' and solicitor-generals' retirement fund act amended 4009 , 4011 Judges' and solicitors generals' retirement fund amended, surviving spouse 3757 Public garbage disposal systems 4632 Retirement and pension benefits, proposed amendment to the Constitution 2383 Seven member planning commission, proposed amendment to the Constitution 2411 Teachers' retirement system Act amended 3763 , 3765 , 3768 , 4015 Teachers' retirement plan of 1978 3759 Traffic engineering, proposed amendment to the Constitution 2421 Unified Atlanta-Fulton County Water and Sewer System Act 4637 Updating plan for unincorporated Fulton County, etc. 4628 FUNERAL SERVICES, STATE BOARD OF License fees 1359 Members 1002 G GAF CORPORATION Easement in Chatham County authorized 2100 GAINESVILLE, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Wards, voting places, etc. 3813 GAINESVILLE DEVELOPMENT AUTHORITY Created 4440 GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY ACT Amended 3579 GAMBLING Commercial gambling 851

"GA1978.1.2687">

GAMBLING DEVICES Crimes, exceptions 1779 GAME AND FISH Boat Safety Act amended 1743 Code amended 816 , 1552 Honorary hunting and fishing licenses 935 Hunting licenses, etc. 2264 Killing of bears by owners of beehives 1755 Nonresident big game licenses 2290 GARBAGE Act regulating transportation of garbage amended 1911 GARDEN CITY Water systems and sewer facilities, referendum 4132 GASOLINE MARKETING PRACTICES ACT Amended 2249 GENERAL APPROPRIATIONS ACT Enacted 1165 GENERAL ASSEMBLY Act providing for review, etc. of regulatory agencies amended 2012 Compensation 4 Geo. L. Smith II Georgia World Congress Center Authority Overview Committee 1929 House of Representatives, districts 73, 78 1043 Review of Board of Occupational Therapy 1761 GEOLOGISTS EXAMINERS, STATE BOARD OF Termination date 2136 GEORGIA ADMINISTRATIVE PROCEDURE ACT Amended 1362 Amended, adoption of rules, etc. 1437 GEORGIA AIR QUALITY ACT OF 1978 Enacted 275 GEORGIA AUCTIONEERS COMMISSION Termination date 2106

"GA1978.1.2688">

GEORGIA BLASTING STANDARDS ACT OF 1978 Enacted 1624 GEORGIA BOARD OF ATHLETIC TRAINERS Effective date 2045 GEORGIA BOARD OF NURSING Disciplinary grounds, etc. 1635 GEORGIA BOARD OF OCCUPATIONAL THERAPY Review by General Assembly 1761 GEORGIA BOAT SAFETY ACT Amended 1743 GEORGIA BUILDING AUTHORITY Security of State Buildings and Facilities 850 GEORGIA BUREAU OF INVESTIGATION Narcotics agents 1646 GEORGIA CHILD CUSTODY INTRASTATE JURISDICTION ACT OF 1978 Enacted 1957 GEORGIA CIVIL DEFENSE ACT OF 1951 Amended 1600 GEORGIA CODE OF PUBLIC TRANSPORTATION Airport licensing 1932 Axle weight 1965 Load limits, etc. 1989 Ride sharing projects 1473 GEORGIA CONTROLLED SUBSTANCES ACT Amended 2237 GEORGIA CRIME INFORMATION CENTER Dissemination of information 1981 GEORGIA DRIVER IMPROVEMENT ACT Enacted 2302

"GA1978.1.2689">

GEORGIA EDUCATIONAL IMPROVEMENT COUNCIL Quorum, etc. 1725 GEORGIA ELECTION CODE Amended 1004 , 1781 Campaign activities, etc. 1039 , 1042 Members of boards of election 1037 Places for registration 1023 Qualifications of registrars, etc. 1035 Substituted nominations 1781 Unopposed candidates 1979 GEORGIA ELECTRICAL CONTRACTORS ACT Amended 888 , 956 GEORGIA FISCAL NOTE ACT OF 1975 Amended 907 GEORGIA FOREST RESEARCH COUNCIL Duties, etc. 2056 GEORGIA FORESTRY COMMISSION Lease of land authorized 2161 GEORGIA HEALTH CODE Amended 941 Amended, institution defined 1757 Habilitation of mentally retarded persons 1826 Hospitalization and treatment procedures 1789 Hospitalization, etc. of alcoholics, drug dependent individuals and drug abusers 1856 Individual sewage disposal system permits 1663 Powers of county boards of health 2031 GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY Graduate and professional students 1687 GEORGIA INDUSTRIAL LOAN ACT Amended 1033 GEORGIA INSURANCE CODE Amended, policy provisions 1522 Amended, variable life insurance policies 1639

"GA1978.1.2690">

GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT Enacted 894 GEORGIA LIMING MATERIALS ACT OF 1976 Amended 1506 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Amended 1520 GEORGIA MILITARY COLLEGE Board of trustees 4570 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 1369 Amended, subrogation 2075 GEORGIA MUNICIPAL ELECTION CODE Amended 1024 , 1025 Elections 1045 Qualifications of registrars, etc. 1035 GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT Amended 992 , 1680 , 2299 GEORGIA PLANT FOOD ACT OF 1970 Amended 218 GEORGIA PORTS AUTHORITY Compensation of Board members 1383 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDED Fraud in obtaining public assistance 994 GEORGIA PUBLIC REVENUE CODE Enacted 309 GEORGIA REAL ESTATE COMMISSION Additional member 953

"GA1978.1.2691">

GEORGIA RECORDS ACT Amended 1372 GEORGIA RESIDENTIAL FINANCE AGENCY ACT Amended 1541 GEORGIA RESIDENTIAL FINANCE AUTHORITY Members, terms, etc. 1543 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended 1160 , 1664 Amended, exemptions 1634 Amended, local option taxes 1695 Building materials 1678 Refunds of tax with respect to solar energy equipment 1666 GEORGIA SAFE DAMS ACT OF 1978 Enacted 795 GEORGIA SCHOOL LAW RECODIFICATION COMMITTEE Created 2113 GEORGIA SPORTS HALL OF FAME Created 2306 GEORGIA STATE COMMISSION OF INDIAN AFFAIRS ACT Amended 979 GEORGIA TAX REFORM COMMISSION Created 1076 GEORGIA WATER QUALITY CONTROL ACT Approval of projects, etc. 2245 GILMER COUNTY Compensation of deputy clerk of superior court 4438 Salary, etc. of county commissioner 4435

"GA1978.1.2692">

GLYNN COUNTY Compensation of deputies of judge of probate court 4355 Sheriff's personnel, etc. 4425 Terms of superior court 878 GLYNN COUNTY, STATE COURT OF Compensation of clerk, etc 4357 GOLDEN ISLES HIGHWAY AND GOLDEN ISLES CONNECTOR Designated 2138 GORDON COUNTY Additional judge of superior court 959 GOVERNOR Compensation 4 Rewards for arrest, etc. of felons 2033 GOVERNOR'S VETO Governor's veto, proposed amendment to the Constitution 2516 GRADY COUNTY Additional judge of superior court 975 Sheriff's salary, etc. 3171 Small claims court 4247 GRAND JURIES Alternate grand jurors 906 Recording of proceedings in certain counties (200,000 or more) 909 Revision of grand jury lists 1611 GRATES Installation on public roadways regulated 257 GRAVES, MRS. AMILEE C. Commended, portrait and plaque authorized 4585 GREENE COUNTY Airport Authority Act 3223 Probate judge's salary 3221

"GA1978.1.2693">

GREENSBORO, CITY OF New charter 3932 GRIFFIN INDUSTRIAL BUILDING AUTHORITY Name changed, etc. 4151 GRIFFIN JUDICIAL CIRCUIT Supplement to judges and district attorney 879 Terms, etc. 1481 GUARDIAN AND WARD Hearings, counsel, etc. 1531 GWINNETT COUNTY See also Tabular IndexCounty MattersHome Rule Actions Compensation of members of board of education, proposed amendment to the Constitution 2361 Expense allowances for board of education members 3606 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2362 Recorder's court 3437 Salary of clerk of superior court 3613 H HABEAS CORPUS Special clerks in certain judicial circuits, etc. 2051 HABERSHAM COUNTY Homestead exemption for tax purposes, proposed amendment to the Constitution 2444 Small claims court created 3541 HABERSHAM COUNTY, STATE COURT OF Solicitor's secretary 3608 HALL COUNTY See also Tabular IndexCounty MattersHome Rule Actions Commissioner districts, etc. 3802 Gainesville and Hall County Development Authority Act amended 3579 Superior court clerk's bond, etc. 3570 Water and sewer districts 3538

"GA1978.1.2694">

HALL COUNTY, STATE COURT OF Solicitor's salary, etc. 3531 HALL OF FAME Georgia Sports Hall of Fame created 2306 HANCOCK COUNTY Jurisdiction of small claims court 3435 HARALSON COUNTY County commissioner's salary 3346 Treasurer's salary 4410 HARRIS COUNTY Small claims court jurisdiction 3683 HART COUNTY Board of commissioners created, referendum 3177 HEALTH Hearing screening of infants 1726 HEALTH CODE Amended 941 Habilitation of mentally retarded persons 1826 Hospitalization, etc. of alcoholics, drug dependent individuals and drug abusers 1856 Hospitalization and treatment procedures 1789 Institution defined 1757 Powers of county boards of health 2031 HEALTH INSURANCE State employees 1927 HEALTH SPAS Fair business practices act amended 2001 HEARD COUNTY Commissioner's salary 3244 Compensation of tax commissioner, etc. 3239 Probate judge's salary 3251 Salary of clerk of superior court 3255 Sheriff's compensation 3242

"GA1978.1.2695">

HEARING AID DEALERS AND DISPENSERS Licenses, etc. 1728 HERTY FOUNDATION Assigned to Forestry Commission for administrative purposes 2055 HIGHER EDUCATION ASSISTANCE AUTHORITY Graduate and professional students 1687 HIGHER EDUCATION ASSISTANCE ACT FOR SENIOR CITIZENS Enacted 2021 HISTORIC CHATTAHOOCHEE COMPACT Enacted 1497 HODGES, GENERAL COURTNEY HICKS Building designated 4607 HOLDER, MS. JANET Compensation for damages 4590 HOME SOLICITATION SALES ACT Amended 1455 HOSCHTON, CITY OF New charter 4323 HOSPITAL AUTHORITIES Functions and powers 1970 Removal of members 2009 Vacancies 1974 HOSPITALS Time for filing liens 1371 Time limit for review of requests for staff privileges 1969 HOUSE OF REPRESENTATIVES Districts 73, 78 1043

"GA1978.1.2696">

HOUSING Unlawful practices in sale, lease, etc. of housing 1593 HOUSING AUTHORITIES Public meetings 1364 HOUSTON COUNTY Arbitration board, proposed amendment to the Constitution 2453 Coroner's compensation 4054 HUMAN RESOURCES, DEPARTMENT OF Emergency medical services 1068 Prevention of mental retardation, etc. 2262 Reports of child abuse 2059 HUNTING AND FISHING LICENSES Honorary 935 HUNTING LICENSES Education, etc. 2264 Non-resident big game licenses 2290 I INDIAN AFFAIRS Commission of Indian Affairs Act amended 979 INDUSTRIAL LOAN ACT Amended 1033 INDUSTRY AND TRADE, BOARD OF Member's compensation 4 Membership on board 996 INDUSTRY AND TRADE, DEPARTMENT OF Music Reading Industry Advisory Committee 2014 INFANTS Hearing screening 1726 INSURANCE Accident and sickness insurance policies 1149

"GA1978.1.2697">

Boards of education liability insurance 1955 Brokers' quarterly affidavit 2025 Group accident and sickness insurance, preexisting conditions 2036 Indemnity insurance for municipalities and counties 1380 Interest on life insurance 2297 Liability insurance covering State-owned vehicles 256 Motor Vehicle Accident Reparations Act amended 1369 Notification of cancellation, etc. 2017 Policy provisions 1522 Products liability carriers 2023 Rate filings 2073 Rates not to be based on race, creed or ethnic extraction 1423 Unfair trade practices 2016 Uninsured motorist coverage 1895 Variable life policies 1639 INSURANCE CODE Amended, confidential information 215 Amended, insurance rates 1936 INTANGIBLE PROPERTY Ad valorem tax, proposed amendment to the Constitution 2381 INTERFERENCE WITH CUSTODY Crimes 1420 INTERGOVERNMENTAL COOPERATION ACT Amended 2293 INTOXICATING BEVERAGES Limit on transportation of non tax paid malt beverages 1424 IRELAND, TOM E. Compensation for damages 4605 IRON CITY, TOWN OF Compensation of mayor and aldermen 3695 J JACKSON COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 2471

"GA1978.1.2698">

JEFF DAVIS COUNTY Terms of superior court 878 JEFFERSON, CITY OF Mayor 4256 JEKYLL ISLANDSTATE PARK AUTHORITY Membership 2043 JENKINS COUNTY Additional judge of superior court 1050 JESUP, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments JOINT BOARD OF FAMILY PRACTICE ACT Amended 923 JOINT STOP DRUGS AT THE SOURCE STUDY COMMITTEE Created 2111 JONES COUNTY Taxation for use of development authority, proposed amendment to the Constitution 2337 JURIES Electronic or mechanical selection 1377 Procedure for excusing jurors 1379 Revision of jury lists 1611 JURORS' OATHS Criminal cases 910 JURY DUTY Persons 65 years of age or older 221 JUSTICE COURTS TRAINING COUNCIL ACT Enacted 894 JUVENILE COURT CODE Amended, records 1512

"GA1978.1.2699">

JUVENILE COURTS Transfer of cases to other courts 1758 K KLEINHANS, MS. PAT Compensation for damages 4596 L LABOR COMMISSIONER Compensation 4 Employment of children 2208 LABOR, DEPARTMENT OF Annual report 9 Employment Security Law amended 1386 LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY Bonds, proposed amendment to the Constitution 2334 LANDLORD AND TENANT Dispossessory proceedings, etc. 938 LANDSCAPE ARCHITECTS Exceptions to Act 1526 LANIER COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 2352 LAURENS COUNTY Probate judge's salary 4463 LAVONIA, CITY OF Elections 4240 LAW ENFORCEMENT OFFICERS Indemnification for deaths of certain law enforcement officers, etc. 1914 Indemnification with respect to death of law enforcement officers, proposed amendment to the Constitution 2437 Witness fees 925

"GA1978.1.2700">

LAW SCHOOL PUBLIC PROSECUTOR ACT Amended 1949 LEE COUNTY Salary of sheriff, etc. 3512 LIBERTY COUNTY Salary of clerk of probate court 4061 Salary of clerk of superior court, deputies 4058 Sheriff's salary 3834 LIBERTY INDEPENDENT TROOP CORPORATION Land conveyance authorized 1079 LIBRARIAN, STATE Reports of public documents 2288 LIBRARIANS State Board for Certification of Librarians Act amended 918 LIBRARIES Library facilities in certain counties (600,000 or more), proposed amendment to the Constitution 2418 LIENS Materials defined 243 Tax liens 1778 Time for filing hospital liens 1371 LIEUTENANT GOVERNOR Compensation 4 LIFE INSURANCE See also Insurance Interest 2297 LIMING MATERIALS ACT OF 1976 Amended 1506 LINCOLN COUNTY Clerk of superior court placed on salary basis 4395 Compensation of board of commissioners 4387

"GA1978.1.2701">

Compensation of sheriff 4401 Compensation of tax commissioner 4398 Judge of probate court placed on salary basis 4392 Jurisdiction of small claims court 3357 Treasurer's compensation 4403 LINCOLNTON, CITY OF Temporary loans 4385 LITHONIA, CITY OF Homestead exemptions, proposed amendment to the Constitution 2375 LIVESTOCK Special sales 1467 LIVESTOCK AUCTIONS Manner of making payments 2061 LOCAL HOUSING AUTHORITIES Public meetings 1364 LONG COUNTY Compensation of clerk of board of commissioners 3830 Compensation of deputy clerk of superior court 3825 Deputy sheriffs 4063 Salary of clerk of probate court 3858 Salary of sheriff's clerk 4067 Tax commissioner's compensation, etc. 3828 LONG COUNTY, STATE COURT OF Solicitor's salary 4065 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Additional judge 949 LOTTERIES Nonprofit bingo games, proposed amendment to the Constitution 2392 LOWNDES COUNTY Probate judge's salary 3619 Regulation of itinerant businesses, proposed amendment to the Constitution 2333

"GA1978.1.2702">

Salary of clerk of superior court 3624 Sheriff's compensation, etc. 3005 Street improvements, etc. in unincorporated areas, proposed amendment to the Constitution 2446 Tax commissioner's compensation 3616 LYONS, CITY OF Mayor's term of office, special elections 3037 M MACON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Firemen and police pension fund, proposed amendment to the Constitution 2311 Homestead exemptions, proposed amendment to the Constitution 2357 Office of tax commissioner created, referendum 4217 MALT BEVERAGES Limit on transportation of non-tax paid malt beverages 1424 MARIETTA, CITY OF Charter amended 3782 Downtown Marietta Development Authority Act amended 3642 Lease of land extended 2147 MARION COUNTY Tax commissioner's clerk 4423 MARRIAGE Premarital physical examinations act amended 936 MARTIN, MRS. GEORGE ELLIS Compensation for damages 4597 MATERIALMEN'S LIENS Materials defined 243 MATERNAL AND INFANT HEALTH Council membership 1763

"GA1978.1.2703">

McDUFFIE COUNTY Board of commissioners, elections, etc. 3658 Board of education, referendum 3666 MEDICAL ASSISTANCE ACT OF 1977 Amended 1520 MEDICAL COLLEGE OF GEORGIA Clinical training program 1381 MEDICAL EDUCATION BOARD Created, etc. 964 MEDICAL EDUCATION, STATE BOARD OF Members compensation 4 MEDICAL EXAMINERS Cornea and eye removal 811 MEDICAL MALPRACTICE CLAIMS Arbitration Code 2270 MEDICAL SERVICES, EMERGENCY Department of Human Resources 1068 MENTAL HEALTH FACILITIES Voluntary patients, etc. 1567 MENTAL RETARDATION Program to prevent 2262 MERIWETHER COUNTY Salary Act amended 3557 METROPOLITAN ATLANTA RAPID TRANSIT SYSTEM Easement authorized 2117 State Properties Commission Resolution amended 2126 MILEAGE ALLOWANCE State employees 1786 , 1894

"GA1978.1.2704">

MILLEDGEVILLE, CITY OF Corporate limits 3412 MITCHELL COUNTY Additonal judge of superior court 975 MOBILE HOMES Permits to transport, etc. 1565 Return for taxation, etc. 930 , 1459 MOLENA, CITY OF Terms, etc. of mayor and aldermen 4224 MONROE COUNTY Powers of grand jury, proposed amendment to the Constitution 2345 Sheriff's compensation, etc. 3555 MONTGOMERY COUNTY Sheriff's secretary 3189 MOPEDS Operation, etc. regulated 2241 MORGAN COUNTY Small claims court created 3229 MORROW, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments MORTGAGES Foreclosure on personalty 1705 MOTOR CARRIERS Registration cards, etc. 1609 MOTOR FUEL TAX LAW Amended 186 MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 1369 Subrogation 2075

"GA1978.1.2705">

MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISE PRACTICES ACT Amended 1505 MOTOR VEHICLES Abstracts of drivers' operating records 920 Alteration of maximum speed limits regulated 1967 Cash appearance bonds 1493 Devices which impair hearing or vision prohibited 1601 Driver Improvement Act 2302 Duplicate registration certificates 901 Free motor vehicle license plates for members of the Active Reserve 2205 Liability insurance covering State-owned vehicles 256 License plate fees 2210 License plates for deaf persons 1653 Mopeds 2241 Operators' licenses 927 , 1655 Operator permit exemptions 931 Radar speed detection devices regulated 2254 , 2256 Regulation of radar speed detection devices 1968 Reports of accidents 1494 Safety responsibility act amended, bonds 1527 School bus speed limits 2065 Sheriffs' license plates 1530 Suspension of drivers' licenses 1452 Uniform Rules of the Road amended 1483 Uninsured motorist insurance coverage 1895 MT. ZION, CITY OF New charter 4171 MOUNTAIN VIEW, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Charter repealed 3003 MUNICIPAL ELECTION CODE Amended 1024 , 1025 Campaign activities, etc. 1042 Elections 1045 Qualifications of registrars, etc. 1035 MUNICIPAL HOME RULE ACT OF 1965 Amended as to annexation in certain counties (more than 600,000) 4667

"GA1978.1.2706">

MUNICIPALITIES Aid to police and fire departments by Department of Public Safety 254 Employees pension act in certain municipalities amended 4013 Indemnity insurance 1380 Redevelopment powers, proposed amendment to the Constitution 2386 Resource Recovery Development Authorities Law 1898 Sale of real properfy 890 Taxes 2008 MUSCOGEE COUNTY Recorder's court judge's salary 4461 MUSCOGEE COUNTY, STATE COURT OF Salaries of solicitor and assistant 4113 MUSIC RECORDING INDUSTRY ADVISORY COMMITTEE Created 2014 N NANTZ, WILSON A. Compensation for damages 4599 NASHVILLE, CITY OF New charter 4017 NATURAL RESOURCES, BOARD OF Members compensation 4 NATURAL RESOURCES, DEPARTMENT OF Retirement of rangers, etc. 1463 NEWNAN, CITY OF Powers of board of water, sewerage and light commissioners, proposed amendment to the Constitution 2347 NEWTON COUNTY Additional superior court judge 1064 Water and Sewerage Authority Act amended 3655

"GA1978.1.2707">

NON-PROFIT BINGO Licensing, etc. 853 NONPROFIT CONTRACTORS State contracts 1547 NORRIS, HAROLD Compensation for damages 4600 NORTH GEORGIA COLLEGE Tuition grants 1385 NORTHEN, GOVERNOR WILLIAM J. Loan of portrait to Blue and Gray Museum 2078 NURSING, GEORGIA BOARD OF Disciplinary grounds, etc. 1635 O OATHS Jurors oaths in criminal cases 910 OCILLA, CITY OF Corporate limits 3418 OFFENDER REHABILITATION, BOARD OF Member's compensation 4 OFFENDER REHABILITATION ACT Amended 1647 OGEECHEE JUDICIAL CIRCUIT Additional judge 1050 OMNI INTERNATIONAL, INC Amendment of lease authorized 2079 OMNI INTERNATIONAL, LTD Amendment of lease authorized 2079

"GA1978.1.2708">

OPTICIANS State Board of Dispensing Opticians, membership 1960 P PALMETTO, CITY OF Charter amended 4142 PARDONS AND PAROLES BOARD Member's compensation 4 PARENT AND CHILD Change of name of minors, consent of and service on parents 1365 Uniform Child Custody Jurisdiction Act enacted 258 PAULDING COUNTY Board of commissioners, recall elections 4129 Civil service system, proposed amendment to the Constitution 2431 Compensation of commissioners 4458 PAUPERS Burial expense in certain counties (12,950-13,150) 1048 PEACE OFFICERS Indemnification for deaths of certain law enforcement officers 1914 Standards and Training Act amended 992 , 1680 , 2299 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Peace officer defined 1921 PEACE WARRANTS Procedure, etc. 1925 PEEPLES, NANCY B. Compensation for damages 4594 PELHAM DEVELOPMENT AUTHORITY Lease of land authorized 877

"GA1978.1.2709">

PENALTY ASSESSMENTS IN CRIMINAL CASES Authorized, proposed amendment to the Constitution 2310 PERRY, CITY OF Taxes 3257 PERSONNEL BOARD, STATE Health insurance for public school employees 2268 Members' compensation 4 PHARMACISTS Licenses, etc. 1668 PHARMACY, STATE BOARD OF Membership, examinations 1962 PHYSICAL FITNESS, STATE COMMISSION Created 814 PHYSICIANS Institutional Licenses 223 PHYSICIANS AND PATIENTS Confidential communications 1657 PICKENS COUNTY Compensation of county commissioners 3352 Probate judge's salary 3353 Salary of clerk of superior court 3350 Sheriff's salary 3837 Tax commissioner's salary 3355 PIKE COUNTY Ad valorem tax returns, proposed amendment to the Constitution 2405 Compensation of board of commissioners 4230 Jurisdiction of small claims court 3846 Salary Act of Clerk of County Commissioners repealed 3122 Superior court terms, etc. 1481 Supplements to judges of superior court and district attorney 879

"GA1978.1.2710">

PISTOLS License to carry 1607 PLAINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments PLANNING COMMISSIONS ACT Amended 1709 PLANNING AND PROGRAMMING BUREAU Act amended 1592 PLANT FOOD ACT OF 1970 Amended 218 PLUMBING Members of State Board of Examiners of Plumbing Contractors 1001 PLUMBING FIXTURES Use of certain fixtures prohibited 914 PODIATRY Defined 1454 POLICE POWERS Revenue special agents, etc. 1490 POLK COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 2346 POLLING PLACES Selection 812 POOLER, TOWN OF Office of recorder abolished 3246 PORTERDALE, TOWN OF New charter 3448

"GA1978.1.2711">

PORTS AUTHORITY Compensation of board members 1383 POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 Enacted 1571 PRACTICE AND PROCEDURE Arbitration Code amended 2270 PREMARITAL PHYSICAL EXAMINATIONS ACT Amended 936 PRESIDENTIAL ROUTE Designated 2103 PRISON GUARDS Indemnification with respect to death of prison guards, proposed amendment to the Constitution 2437 PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY Created 1765 PRIVATE CLUBS Sale of alcoholic beverages 1155 PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT Amended 1515 PRIVATE WAYS Payment for private property taken for public transportation purposes, proposed amendment to the Constitution 2318 PROBATE COURTS Compensation of judges in certain counties (10,400-10,650) 4406 Costs 1939 Disqualifications of judges, clerks 891 Judges' bonds 1038 Judges' salaries 1953

"GA1978.1.2712">

PROBATE OF WILLS Notice of motion to probate in solemn form 1605 PRODUCTS LIABILITY INSURANCE Reports to Insurance Commissioner, etc. 2023 PROPERTIES COMMISSION, STATE See also Tabular IndexResolutions authorizing land conveyances Compensation of members 1047 PROPERTY Interfering, damaging, etc., crimes 1658 PROSECUTING ATTORNEYS' COUNCIL Training courses 2028 PSYCHOLOGISTS, APPLIED Licenses, etc. 1686 PUBLIC ASSISTANCE ACT OF 1965 Amended, fraud in obtaining public assistance 994 PUBLIC DOCUMENTS Reports by State librarian 2288 PUBLIC HOSPITALS Time limit to review requests for staff privileges 1969 PUBLIC REVENUE Ad valorem tax exemption in certain counties (600,000 or more), proposed amendment to the Constitution 2397 , 2522 Ad valorem tax on certain livestock, proposed amendment to the Constitution 2385 Ad valorem tax on intangible property, proposed amendment to the Constitution 2381 Alcoholic beverage licenses, etc. 1426 Alcoholic beverage retail licenses 1376 Classification of property for taxation 1448 Compromise of income tax penalty cases 1469 County board of tax assessors created in certain counties (600,000 or more) 4609 County taxes 2006

"GA1978.1.2713">

Dependent defined for income tax purposes 1471 Fair market value defined 1950 Free motor vehicle license plates for members of the Active Reserve 2205 Homestead exemptions for certain disabled veterans, proposed amendment to the Constitution 2399 Income tax act amended 1456 Income tax returns of taxpayers who die within taxable year 1444 Inspection of certain tax returns permitted 1603 License plates for deaf persons 1653 Liens for taxes 1778 Motor carrier registration cards, etc. 1609 Motor vehicle license plate fees 2210 Municipal taxes 2008 Police powers of special agents, etc. 1490 Refunds for tax stamps on alcoholic beverages 1645 Refunds of sales and use tax, solar energy equipment 1666 Return of mobile homes for taxation, etc. 1459 Revenue Code enacted 309 Reports of assessments and arbitration, etc. 1604 Sales and use taxes, local option taxes 1695 Sales and use tax act amended 1160 , 1460 , 1664 Sales and use tax amended, exemptions 1634 Sales and use tax, building materials 1678 Sales and use tax, local sales tax 1429 Sale of alcoholic beverages by private clubs in certain counties (32,500-32-800) 1550 Sale of alcoholic beverages in private clubs 1155 Sale of alcoholic beverages in certain counties (9,705-9,905) 1562 Secrecy of income tax returns 1748 Tax returns and payments in certain counties (600,000 or more), proposed amendment to the Constitution 2406 Tax returns in certain counties (10,450-10,650) 1700 Tax returns in certain counties (13,650-14,750) 3591 Withholding and estimated tax provisions amended 982 PUBLIC ROADWAYS Installation of grates regulated 257 PUBLIC SAFETY, DEPARTMENT OF Abstracts of driver's operating records 920 Aid to municipal police and fire departments 254 Cash appearance bonds 1493 Motor vehicle operator's licenses 1655

"GA1978.1.2714">

Retirement 1440 Security of certain State buildings and facilities 850 Suspension of drivers' licenses 1452 PUBLIC SERVICE COMMISSION Members' compensation 4 PUBLIC TRANSPORTATION, CODE OF Airport licensing 1932 Axle weight 1965 Load limits, etc. 1989 Ride sharing projects 1473 PULASKI COUNTY Deputy sheriffs 3056 Land conveyance 2155 PURCHASING, STATE Procedure amended 1054 PUTNAM COUNTY Compensation of board of commissioners 3409 R RABUN COUNTY County school superintendent, referendum 3427 Election of members of board of education, referendum 3430 RACE Insurance rates 1423 RADAR SPEED DETECTION DEVICES Use regulated 1968 , 2254 , 2256 RANDOLPH COUNTY Compensation of board of commissioners 3023 Salary of deputy sheriff 3027 Sheriff's expenses 3025 REAL ESTATE Brokers, salesmen, etc. 231

"GA1978.1.2715">

REAL ESTATE COMMISSION Additional member 953 REAL PROPERTY Recordation of deeds by clerks of superior courts 1654 Recording of maps, plats, etc. by superior court clerks 1616 Sale by municipalities 890 RECORDED MATERIAL Unauthorized reproduction 1938 RECORDS Georgia Records Act amended 1372 REFUNDS Fraudulent attempts to obtain refunds, crimes 1985 REGENTS OF UNIVERSITY SYSTEM Members compensation 4 Scholarships 958 REIDSVILLE, CITY OF New charter 3273 REMERTON, CITY OF Charter amended 3687 RENTZ, CITY OF New charter 3124 RESIDENTIAL FINANCE AGENCY ACT Amended 1541 RESIDENTIAL FINANCE AUTHORITY Members, terms, etc. 1543 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW Enacted 1898 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1455

"GA1978.1.2716">

RETIREMENT See also name of retirement system Actuarial investigations, etc. in certain municipalities (more than 150,000) 4504 , 4506 Acturial investigations, etc. of police retirement systems in certain municipalities (more than 150,000) 4507 Article X of Constitutional revised, proposed amendment to the Constitution 2505 Paid fire department pension system Act amended for certain municipalities (more than 300,000) 4508 Pension system for officers and employees of certain municipalities amended (more than 300,000) 4546 Police department pension system Act for certain municipalities amended (more than 300,000) 4527 REVENUE Ad valorem tax exemption in certain counties (600,000 or more), proposed amendment to the Constitution 2397 , 2522 Ad valorem tax on certain livestock, proposed amendment to the Constitution 2385 Ad valorem tax on intangible property, proposed amendment to the Constitution 2381 Alcoholic beverage licenses, etc. 1426 Alcoholic beverage retail licenses 1376 Classification of property for taxation 1448 Compromise of income tax penalty cases 1469 County boards of tax assessors created in certain counties (600,000 or more) 4609 County taxes 2006 Dependent defined for income tax purposes 1471 Fair market value defined 1950 Free motor vehicle license plates for members of the Active Reserve 2205 Homestead exemption for certain disabled veterans, proposed amendment to the Constitution 2399 Income tax act amended 1456 Income tax returns of taxpayers who die within taxable year 1444 Inspection of certain tax returns permitted 1603 License plates for deaf persons motor vehicles 1653 Liens for taxes 1778 Motor carrier registration cards, etc. 1609 Motor Fuel Tax Law amended 186 Motor vehicle duplicate registration certificates 901 Motor vehicle license plate fees 2210 Municipal taxes 2008 Police powers of special agents, etc. 1490 Public Revenue Code enacted 309

"GA1978.1.2717">

Refunds for tax stamps on alcoholic beverages 1645 Refunds of sales and use tax, solar energy equipment 1666 Reports of assessments and arbitration, etc. 1604 Return of mobile homes for taxation 930 , 1459 Sale, etc. of alcoholic beverages in certain counties (170,000-195,000) 932 Sale of alcoholic beverages in certain counties (9,705-9,905) 1562 Sale of alcoholic beverages by private clubs in certain counties (32,500-32,800) 1550 Sale of alcoholic beverages in private clubs 1155 Sales and Use Tax Act amended 1160 , 1460 , 1664 Sales and use tax, building materials 1678 Sales and use tax amended, exemptions 1634 Sales and use tax, local option taxes 1695 Sales and use tax, local sales tax 1429 Secrecy of income tax returns 1748 Tax refund statute of limitations 928 Tax returns and payments in certain counties (600,000 or more), proposed amendment to the Constitution 2406 Tax returns in certain counties (10,450-10,650) 1700 Tax returns in certain counties (13,650-14,750) 3591 Withholding and estimated tax provisions amended 982 REVENUE BOND LAW Amended 2062 REVENUE COMMISSIONER Compensation 4 REVENUE, DEPARTMENT OF Retirement of alcoholic and tobacco agents 1463 REVIEW OF REGULATORY AGENCIES Act amended, audits 2012 REWARDS Arrest, etc. of felons 2033 RICHMOND COUNTY See also Tabular Index County MattersHome Rule Actions Augusta-Richmond County Coliseum Authority Act Amended, sales taxes 4673 Deputy sheriffs 3205 Expenses of collecting ad valorem taxes for school purposes 3779

"GA1978.1.2718">

Garbage disposal, proposed amendment to the Constitution 2355 Richmond CountyCity of Augusta Service District Study 3115 RICHMOND COUNTY, CIVIL COURT OF Judges, marshal 3341 RINCON, TOWN OF New charter 3307 RINGGOLD, CITY OF Land conveyance 2153 RIVERS Scenic rivers act of 1969 amended 2207 ROCKDALE COUNTY Board of Commissioners, audits 3855 Magistrate's court 3907 Recall elections, proposed amendment to the Constitution 2450 Tax commissioner's compensation 3832 ROCKMART, CITY OF Elections 4102 ROL, INC. Land exchange authorized 2163 ROME JUDICIAL CIRCUIT Assistant district attorney 886 ROSWELL, CITY OF Homestead exemption, proposed amendment to the Constitution 2430 RULES OF THE ROAD Devices which impair hearing or vision 1601 S SAFE DAMS ACT Georgia Safe Dams Act of 1978 795

"GA1978.1.2719">

ST. MARYS, CITY OF Easement 2156 SANITARY LANDFILLS Regulated in certain counties (600,000 or more), proposed amendment to the Constitution 2413 SAVANNAH BEACHTYBEE ISLAND, CITY OF Name changed to City of Tybee Island 4093 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Chatham County and City of Savannah school system, proposed amendment to the Constitution 2351 Commissioner for the poor 3535 Corporate limits, referendum 3998 Homestead exemption for school tax purposes, proposed amendment to the Constitution 2448 SAVANNAH, MUNICIPAL COURT OF Abolished, referendum 4466 SCENIC RIVERS ACT OF 1969 Amended 2207 SCHLEY COUNTY Small claims court act repealed 3685 SCHOLARSHIP COMMISSION, STATE Members' compensation 4 SCHOOL BUSES Speed Limits 2065 Uniform Act regulating traffic on highways amended 1367 SCONYERS, GRADY M. AND MRS. CORTEZ H. Land conveyance authorized 2128 SCREVEN COUNTY Additional judge of superior court 1050 Small claims court 4116

"GA1978.1.2720">

SEARCHES AND SEIZURES Disposition of articles obtained in searches and seizures 2260 SECRETARY OF STATE Compensation 4 SELECT COMMITTEE ON CONSTITUTIONAL REVISION Amended 2134 SEMINOLE COUNTY Compensation of board of commissioners 3076 Salary of clerk of superior court 3072 Sheriff's salary 3074 SENIOR CITIZENS Higher Education Assistance Act for Senior Citizens 2021 SERVICES FOR THE AGED STUDY COMMITTEE Created 2107 SEWAGE DISPOSAL SYSTEMS Permits for individual systems 1663 SEXUAL EXPLOITATION OF CHILDREN Crimes 2193 SHARPSBURG, CITY OF New charter 4258 SHERIFFS Compensation in certain counties (185,000-190,000) 4095 Indemnification for deaths of certain law enforcement officers 1914 Motor vehicle license plates 1530 Qualifications 244 Retirement Fund of Georgia Act amended 904 Salaries in certain counties (10,450-10,650) 3537 SHERIFFS' RETIREMENT FUND OF GEORGIA Benefits 1690 Secretary-treasurer 1688

"GA1978.1.2721">

SHOPLIFTING Crime, etc. 2257 SKY VALLEY, CITY OF Incorporated 4292 SMALL CLAIMS COURTS Amended in certain counties (7,040-7,055) 3514 Created in certain counties (18,358-19,148) (19,500-19,700) 3821 SMITH, GEO. L., II WORLD CONGRESS CENTER AUTHORITY OVERVIEW COMMITTEE Created 1929 SMYRNA, CITY OF Corporate limits, salaries, etc. 4162 SOLAR EASEMENT ACT OF 1978 Enacted 2076 SOUTH GEORGIA JUDICIAL CIRCUIT Additional judge 975 SPALDING COUNTY Board of commissioners, salaries 3853 Coroner's compensation 3196 Fire protection districts 3198 Ordinances, proposed amendment to the Constitution 2315 Small Claims Court Act amended 3506 Superior court terms, etc. 1481 Supplements to judges of superior court and district attorney 879 SPALDING COUNTY, STATE COURT OF Terms 3441 SPECIAL ADULT OFFENDER ACT OF 1975 Repealed 1999 SPEECH PATHOLOGY AND AUDIOLOGY Act amended 1474

"GA1978.1.2722">

SPEED LIMITS Alteration regulated 1967 SPORTS HALL OF FAME Created 2306 STATE ALCOHOLISM ADVISORY COUNCIL Defined 2048 STATE AUDITOR Audits of regulatory agencies for General Assembly review 2012 Compensation 4 Report of salaries, etc. of State personnel 220 STATE AUTHORITIES STUDY COMMITTEE Created 2152 STATE BOARD FOR THE CERTIFICATION OF LIBRARIANS ACT Amended 918 STATE BOARD OF CORRECTIONS Act amended 985 STATE BOARD OF DISPENSING OPTICIANS Membership 1960 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS Members 1001 STATE BOARD OF FUNERAL SERVICES License fees 1359 Members 1002 STATE BOARD OF GEOLOGISTS EXAMINERS Termination date 2136 STATE BOARD OF PHARMACY Membership, examination 1962

"GA1978.1.2723">

STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS Termination date 2099 STATE BOARD OF WORKERS' COMPENSATION Act amended 2220 STATE BUILDING ADMINISTRATIVE BOARD Termination date 2098 STATE COMMISSION OF INDIAN AFFAIRS ACT Amended 979 STATE COMMISSION OF PHYSICAL FITNESS Created 814 STATE CONTRACTS Non-profit contractors 1547 STATE COURT OF CLAYTON COUNTY Judge's salary 3581 STATE COURT OF COBB COUNTY Additional judge 3253 Magistrates 4096 STATE COURT OF GLYNN COUNTY Compensation of clerk, etc. 4357 STATE COURT OF HABERSHAM COUNTY Solicitor's secretary 3608 STATE COURT OF HALL COUNTY Solicitor's salary, etc. 3531 STATE COURT OF LONG COUNTY Solicitor's salary 4065 STATE COURT OF MUSCOGEE COUNTY Salaries of solicitor and assistant 4113

"GA1978.1.2724">

STATE COURT OF SPALDING COUNTY Terms 3441 STATE COURT OF STEPHENS COUNTY Salaries 3156 STATE COURT OF SUMTER COUNTY Compensation of judge and solicitor 3344 STATE COURT OF THOMAS COUNTY Judge's salary 3259 Solicitor's salary 3262 STATE COURT OF TROUP COUNTY Salaries 3211 STATE COURT OF WAYNE COUNTY Solicitor's salary, secretarial allowance, etc. 4071 STATE COURTS Peace warrants 1924 STATE EMPLOYEES Automobile mileage allowance 1786 , 1894 Certain professionals exempted from self-dealing prohibition 1977 Fair Employment Practices Act of 1978 859 Health insurance plan 1927 STATE EXAMINING BOARDS Compensation of members 4 Fees 1517 STATE HOUSING AUTHORITIES Public meetings 1364 STATE LIBRARIAN Reports of public documents 2288 STATE MEDICAL EDUCATION BOARD Created, etc. 964

"GA1978.1.2725">

STATE OFFICIALS Fidelity bonds 1144 STATE OWNED VEHICLES Liability insurance 256 STATE PERSONNEL BOARD Health insurance for public school employees 2268 Health Insurance for retired public school teachers 1698 STATE PLANNING AND PROGRAMMING BUREAU ACT Amended 1592 STATE PROPERTIES COMMISSION See also Tabular IndexResolutions authorizing Land Conveyances Air rights to City of Cartersville 2137 Compensation of members 1047 Conveyance of land in Whitfield County authorized 2132 Easement to City of St. Marys 2156 Easement to Colonial Pipeline Company 2158 Exchange of land with City of Brunswick 2167 Land conveyance in Catoosa County 2142 Land conveyance in Pulaski County 2155 Land conveyance in City of Ringgold 2153 Land conveyance to Wayne County 2140 Land conveyance to Youth Estate, Inc. 2143 Land exchange with Rol, Inc. 2163 Lease land to City of Marietta extended 2147 Property located in Bainbridge, Decatur County, Georgia 2145 STATE PROPERTIES COMMISSION RESOLUTION Resolution amended 2126 STATE PROPERTY Disposition of State-owned surplus books, etc. 911 STATE PURCHASING PROCEDURE Amended 1054 STEPHENS COUNTY Homestead exemption for tax purposes, proposed amendment to the Constitution 2440

"GA1978.1.2726">

Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 2322 STEPHENS COUNTY, STATE COURT OF Salaries 3156 STONE MOUNTAIN MEMORIAL ASSOCIATION ACT Board members 2041 STRUCTURAL PEST CONTROL ACT Licenses 1762 Membership on Commission 999 SUBROGATION Motor Vehicle Accident Reparations Act amended 2075 SUMTER COUNTY Compensation of deputy clerks 3560 Sheriff's salary 3861 Tax commissioner's compensation 4227 SUMTER COUNTY, STATE COURT OF Compensation of judge and solicitor 3344 SUPERINTENDENT OF SCHOOLS Compensation 4 SUPERIOR COURTS Clerk's retirement system amended, benefits 2069 Deposit of funds in registry of court 1704 Electronic or mechanical selection of jurors 1377 Judges' compensation 4 Recordation of deeds by clerks 1654 Recording of criminal cases by clerks 1787 Recording of maps, plats, etc. by clerks 1616 Special habeas corpus clerks in certain circuits 2051 SUPERIOR COURT CLERKS Minimum salary act amended 937 SUPERIOR COURT JUDGES TRAVEL EXPENSES Educational meetings 1370

"GA1978.1.2727">

SUPPLEMENTAL APPROPRIATIONS ACT Enacted 10 SUPREME COURT Justices' compensation 4 Record retention schedule 1372 SURVEY MONUMENTS Protection of monuments 1614 SUTHER, TOM Compensation for damages 4589 SUWANEE, CITY OF City clerk 3348 T TALLAPOOSA, CITY OF Charter amended 4363 TATTNALL COUNTY Coroner's salary 3737 TAX ASSESSORS Members of county boards 1751 TAX COLLECTORS Bonds 1703 Compensation in certain counties (4,000-4,575) 1147 TAX COMMISSIONERS Bonds 1703 TAX REFORM Georgia Tax Reform Commission created 1076 TAX REFUNDS Statute of limitations 928 TAYLOR COUNTY Sheriff's salary 3080

"GA1978.1.2728">

TEACHERS Health insurance for retired public school teachers 1698 TEACHERS' RETIREMENT SYSTEM Amended 237 Amended, death benefits 1442 Amended, interest rates 1441 Credit for certain military service 1685 Credit toward retirement 1997 Retirement benefits 1913 TELFAIR COUNTY Referendums 3445 TEMPLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments THEFT Punishment 1457 THOMAS COUNTY Board of commissioners, quorum 3264 Clerk of superior court placed on salary basis, referendum 3752 Compensation of sheriff 3564 Office of tax commissioner created, referendum 3746 Probate judge placed on salary basis, referendum 3741 THOMAS COUNTY, STATE COURT OF Judge's salary 3259 Solicitor's salary 3262 THOMAS, LEWIS W. Compensation for damages 4602 THOMASTON, CITY OF Charter amended 3191 THOMSON, CITY OF Elections 3661 TOCCOA, CITY OF Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 2322

"GA1978.1.2729">

TOOMSBORO, TOWN OF Consumption of alcoholic beverages on public streets, etc. 3426 TORTS Privity to support action, defenses 2202 , 2267 Privity to support actions, homicide defined 2218 TRANSPORTATION, DEPARTMENT OF Permits to transport mobile homes, etc. 1565 TRANSPORTATION BOARD, STATE Members' compensation 4 TREUTLEN COUNTY Sheriff's salary 3645 TREUTLEN, GOV. JOHN ADAM Highway designated 4606 TROUBLED CHILDREN Plan for the development of services to troubled children 2110 TROUP COUNTY Building permits 4126 Coroner's salary 3214 Salary Act amended 3218 Small claims court act amended 3207 , 3216 TROUP COUNTY, STATE COURT OF Salaries 3211 TWIGGS COUNTY Board of commissioners, recall elections, referendum 3405 TYBEE ISLAND, CITY OF Name changed from City of Savannah Beach-Tybee Island 4093 U UNFAIR TRADE PRACTICES Insurance policies 2016

"GA1978.1.2730">

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, reports of accidents 1494 School buses 1367 UNIFORM CHILD CUSTODY JURISDICTION ACT Enacted 258 UNIFORM COMMERCIAL CODE Amended, secured transactions 1081 UNIFORM CRIMINAL EXTRADITION ACT Amended, District of Columbia 1754 UNIFORM RULES OF THE ROAD Amended 1483 UNION POINT, CITY OF New charter 3966 UNIVERSITY SYSTEM Scholarships 958 UPSON COUNTY Compensation of sheriff 4366 Sales and use tax 4576 Sales and use tax, proposed amendment to the Constitution 2494 Superior court terms, etc. 1481 Supplements to judges of superior court and district attorney 879 UVALDA, CITY OF Terms of mayor and councilmen, etc. 3650 V VALDOSTA, CITY OF Powers of board of education 3615 VARNELL, CITY OF Corporate limits, referendum 3365

"GA1978.1.2731">

VETERANS, DISABLED Homestead exemption, proposed amendment to the Constitution 2399 VETERANS MEMORIAL STATE PARK General Courtney Hicks Hodges building designated 4607 VETERANS SERVICE, DEPARTMENT OF Director's compensation 4 Director's title 2219 VETERANS SERVICE BOARD Members compensation 4 VIDALIA, CITY OF Elections 3647 VOCATIONAL REHABILITATION Executive Reorganization Act of 1972 amended 239 W WALKER COUNTY Additional judge of superior court 949 Civil jurisdiction of justices of the peace, proposed amendment to the Constitution 2342 Coroner's salary 3271 WALKER COUNTY DEVELOPMENT AUTHORITY Definitions, etc. 4360 WALTON COUNTY Additional superior court judge 1064 WARE COUNTY Board of county commissioners, etc. 4110 WARNER ROBINS, CITY OF Corporate limits 4369 New charter 3081

"GA1978.1.2732">

WARREN COUNTY Compensation of clerical help for probate court 4389 Compensation of deputy clerk of superior court 4380 Compensation of tax commissioner, etc. 4382 WASTEWATER Water and Wastewater Treatment Plant Operators Act amended 1492 WATER Water and Wastewater Treatment Plant Operators Act amended 1492 WATER QUALITY CONTROL ACT Approval of projects, etc. 2245 WATER SAFETY Boat Safety Act amended 1743 WAYCROSS, CITY OF See Tabular Index Municipalities Home Rule Amendments WAYNE COUNTY Coroner's compensation 4056 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2434 Land conveyance authorized 2140 Terms of superior court 878 WAYNE COUNTY, STATE COURT OF Solicitor's salary, secretarial allowance, etc. 4071 WEST POINT, CITY OF Downtown West Point Development Authority 3785 Downtown West Point Development Authority, proposed amendment to the Constitution 2331 WHITE COUNTY See also Tabular Index County Matters Home Rule Actions Homestead exemption for tax purposes, proposed amendment to the Constitution 2442

"GA1978.1.2733">

WHITFIELD COUNTY Compensation of named county officers 3593 Compensation of tax commissioner 3592 Small claims court created 3792 WILKES COUNTY Coroner placed on salary 3121 WILLS AND ADMINISTRATION OF ESTATES Assistant county administrators in certain counties (400,000-600,000) 1509 Notice of motion for probate in solemn form 1605 WITNESS FEES Law enforcement officers 925 WORKERS' COMPENSATION, STATE BOARD OF Act amended 2220 WORLD CONGRESS CENTER Overview committee 1929 WRIGHT, JAMES H. Compensation for damages 4591 Y YOUNG, MISS HENRIETTA Compensation for damage 4595 YOUNG HARRIS, CITY OF New charter 4470 YOUTH ESTATE, INC. Land conveyance authorized 2143

"GA1978.1.2734">

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

"GA1978.1.2737">

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

"GA1978.1.2739">

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 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 21, 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

"GA1978.1.2741">

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

"GA1978.1.2743">

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

"GA1978.1.2746">

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

"GA1978.1.2748">

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

"GA1978.1.2756">

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. (Al) 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 2211Cascade 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

"GA1978.1.2765">

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1977 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 1977 13 4 - 9 TOTALS 845 46 42 757

"GA1978.1.2766">

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 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

"GA1978.1.2767">

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

"GA1978.1.2768">

Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

"GA1978.1.2770">

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For 107 Agn 58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For 463 Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area vote Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] 2932 DeKalb City Court of Decatur 5-16-56 For 12,520 3237 Agn 5,846 DeKalb (1 of 2) Multiple commission form of government 5-16-56 For 18,393 3237 Agn 2,001 DeKalb (1 of 2) Commission Chairman 5-16-56 For:(a) 4,743 2022 For:(b) 15,300 Fayette Tax Commissioner 2-25-56 For 292 3507 Agn 37 Glascock Sheriffcompensation 3-14-56 For 498 2502 Agn 227 Gwinnett Tax Commissioner 11- 6-56 For 3,383 3166 Agn 1,641 Hall City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41. Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831

"GA1978.1.2773">

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18

"GA1978.1.2775">

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

"GA1978.1.2779">

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn1629

"GA1978.1.2782">

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11- 8-60 For4059 Agn 959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For 1096 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 For 1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3- 9-60 For 3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For 2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For 3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3- 2-60 For 1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For 1227 Agn 806

"GA1978.1.2786">

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12, 269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 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

"GA1978.1.2789">

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For 1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For 1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn 129 Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

"GA1978.1.2792">

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

"GA1978.1.2795">

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 For 93 Pickens 2066 Board of County Commissioners 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863

"GA1978.1.2798">

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 410 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

"GA1978.1.2799">

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 * Tax Commissionercompensation 6-16-65 For 943 Agn 361

"GA1978.1.2801">

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn- 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

"GA1978.1.2803">

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9-1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For 663 Agn 570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11- 7-67 For1001 Agn2317 Houston 3244 County Board of Education 11- 7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5- 3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5- 3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 County Board of Education 9- 6-67 For 441 Agn 65 Polk 2718 County Board of Education 11- 5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

"GA1978.1.2806">

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11- 5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

"GA1978.1.2810">

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11- 3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11-3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7-2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7-5-69 For 118 Agn 293

"GA1978.1.2814">

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For 2525 Agn1630 Banks Jackson. 3000 Town of Maysville 6-10-70 For 57 Agn 51 Bryan 3191 City of Richmond Hill 5-26-70 For 84 Agn 154 Bulloch 2790 County Board of Education 6-10-70 For 903 Agn 698 Calhoun 2361 Sheriff Personnel 4-23-70 For 121 Agn 120 Camden 3278 Tax Commissioner 11- 3-70 For 648 Agn 476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For 49 Agn 114 Charlton 3270 County Board of Education 5-19-70 For 293 Agn 307 Charlton 3274 County Commissioners 5-19-70 For 272 Agn 328 Chatham 2018 Town of Thunderbolt 4-14-70 For 306 Agn 29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For 339 Agn 205 Clarke 2985 County School District Tax 11- 3-70 For 9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For 1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For 1285 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For 1463 Agn 595 Elbert 2321 County Treasurer 11- 3-70 For 1589 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 For 1798 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 For 1682 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 For 482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For 287 Agn 350 Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn 2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

"GA1978.1.2817">

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

"GA1978.1.2821">

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 * For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ----- ----- 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 * For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 * For 940 Agn 1,377 Brantley 3145 Salary of deputy sheriffs 8- 8-72 * For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72 * For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72 * For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Election Results not known Camden 3138 Certain county officers salary 78- 5-73 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 * City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5- 9-72 For20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 * Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 * For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 * For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 * For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 * For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 * For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8- 8-72 * For 1,410 Agn 616 Heard 2113 Board of county commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 * For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 * For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 * For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 * For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 * For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 * For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total: For 93 Agn 135 McIntosh 2852 City of Darien 11- 7-72 * Not Held Macon 2322 Board of county commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 * For 1,060 Agn 1,785 Madison 2972 Appt. of county school superintendent 11- 7-72 * For 921 Agn 2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 * For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 * For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 * For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 * For 654 Agn 608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

"GA1978.1.2827">

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 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes 45 No588 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. 3171 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

"GA1978.1.2829">

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 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11- 5-74 # # Date of General Election 11-5-74. 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 ***Common Day of Rest Act results tabulated infra.

"GA1978.1.2831">

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 434,559 363,947

"GA1978.1.2833">

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.

"GA1978.1.2834">

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 5-4-76. 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 8-10-76 Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5- 4-76 * For: 29,643 Agn: 41,335 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 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)

"GA1978.1.2835">

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)

"GA1978.1.2836">

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 * * Date of 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 ** ** Date of 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

"GA1978.1.2838">

Georgia Laws, 1977, January/February Session: County Page No. SUBJECT Date of Election Result Baker 2603 County Board of Educationvacancies 11- 7-78 * * Date of November 7, 1978 General Election. Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5- 9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11- 7-78 * Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1618 No: 744 Schley 2952 County Commissionersterms staggered 11- 7-78 * Schley 2955 County Board of Educationterms staggered 11- 7-78 * Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1158 Towns 3974 County Board of Education and County School Superintendent 2- 2-78 Yes: 1014 No: 1384 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.

"GA1978.1.2839">

STATUS OF ELECTIONS HELD FOR YEARS 1975-1977 FOR GEORGIA RETAILER'S AND CONSUMERS' SALE AND USE TAX ACT Ga. L. 1975, p. 984; Ga. L. 1976, p. 1019; Ga. L. 1977, p. 1008) 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 1977 41 34 7 TOTAL 88 4 58 3 30 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

"GA1978.1.2840">

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 1977 Local Sales and Use Tax Option of 1% County Date of Election Result Walton Jan. 6, 1977 Yes: 861 No: 1,449 Liberty Jan. 25, 1977 Yes: 2,084 No: 200 Screven Feb. 8, 1977 Yes: 1,011 No: 220 Bryan Feb. 15, 1977 Yes: 674 No: 131 Macon March 8, 1977 Yes: 766 No: 194 Clayton March 29, 1977 Yes: 3,595 No: 6,136 Columbia April 12, 1977 Yes: 1,692 No: 359 Tattnall April 19, 1977 Yes: 654 No: 303 Effingham Feb. 15, 1977 Yes: 728 No: 168 Newton June 7, 1977 Yes: 1,682 No: 1,385 Carroll June 22, 1977 Yes: 3,306 No: 807 Haralson June 28, 1977 Yes: 885 No: 587 Colquitt July 19, 1977 Yes: 1,752 No: 2,371 Barrow Aug. 9, 1977 Yes: 1,278 No: 606 Clarke Aug. 9, 1977 Yes: 3,902 No: 2,060 Jackson Aug. 9, 1977 Yes: 1,411 No: 861 Warren Aug. 26, 1977 Yes: 482 No: 282 Paulding Sept. 13, 1977 Yes: 3,162 No: 1,435 Tift Oct. 5, 1977 Yes: 2,389 No: 789 Evans Oct. 4, 1977 Yes: 189 No: 464 Clinch Sept. 27, 1977 Yes: 432 No: 425 McDuffie Oct. 18, 1977 Yes: 838 No: 514 Seminole Oct. 25, 1977 Yes: 308 No: 580 Ware Oct. 25, 1977 Yes: 1,602 No: 165 (excluding City Waycross) Worth Oct. 25, 1977 Yes: 625 No: 551 Troup Nov. 16, 1977 Yes: 2,279 No: 3,116 Henry Nov. 25, 1977 Yes: 2,746 No: 459 Coffee Nov. 29, 1977 Yes: 1,775 No: 290 Charlton Nov. 29, 1977 Yes: 480 No: 275 Camden Nov. 29, 1977 Yes: 857 No: 439 Brooks Nov. 29, 1977 Yes: 663 No: 587 Pierce Nov. 29, 1977 Yes: 1,018 No: 86 Glynn Nov. 29, 1977 Yes: 3,619 No: 1,329 Dade Dec. 13, 1977 Yes: 759 No: 307 Berrien Dec. 13, 1977 Yes: 717 No: 700 Monroe Dec. 13, 1977 Yes: 1,377 No: 579 Turner Dec. 29, 1977 Yes: 431 No: 178 Gilmer Dec. 20, 1977 Yes: 561 No: 386 Schley Dec. 22, 1977 Yes: 158 No: 57 Cherokee Dec. 20, 1977 Yes: 842 No: 2,532 Bacon Dec. 27, 1977 Yes: 828 No: 118

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State